If you have been charged with DUI in Gilbert, your arraignment is likely the first formal court appearance in your case. For many people, this is their first experience inside a courtroom. Naturally, you may feel anxious about what will happen and what you are expected to say.

Understanding the purpose of a DUI arraignment — and how it affects your case — can help you prepare and make informed decisions.

At Guardian Law, we represent individuals throughout Gilbert and Maricopa County facing DUI and other serious criminal charges. Early preparation and strategic representation often shape the direction of a case from the very beginning.

What Is a DUI Arraignment?

An arraignment is a formal court hearing where:

• The judge advises you of the charges
• The court explains your rights
• You enter a plea
• The court sets future dates and conditions

In most Gilbert DUI cases, the arraignment occurs after the prosecutor files a formal complaint under A.R.S. § 28-1381 (standard DUI) or A.R.S. § 28-1382 (Extreme DUI). If you are facing aggravated DUI under A.R.S. § 28-1383, which is a felony, the process follows Arizona’s felony court procedures.

Importantly, the arraignment is not a trial. The court does not decide guilt or innocence at this stage.

What Happens During the Hearing?

Although every case differs slightly, most DUI arraignments follow a similar structure.

1. Calling the Case

First, the judge calls your name and confirms your identity. The court ensures that you received a copy of the complaint and understand the charges filed against you.

2. Advisement of Rights

Next, the judge advises you of your constitutional rights, including:

• The right to remain silent
• The right to an attorney
• The right to a trial
• The right to confront witnesses

If you do not have an attorney, the court may discuss whether you qualify for appointed counsel.

3. Entering a Plea

You must then enter a plea. In most DUI cases, defendants enter a plea of “not guilty” at arraignment. This allows your defense attorney to:

• Review evidence
• File motions
• Negotiate strategically
• Prepare for trial if necessary

Entering a not guilty plea preserves your legal options.

4. Setting Conditions and Future Dates

Finally, the judge sets future court dates, such as:

• Pretrial conferences
• Motion hearings
• Trial dates

In some cases, the court may impose release conditions, including:

• Alcohol monitoring
• Travel restrictions
• No new violations

If you were released after arrest, the judge may review or modify those conditions.

What Should You Wear and How Should You Act?

First impressions matter. Therefore, you should:

• Dress conservatively
• Arrive early
• Speak respectfully
• Avoid discussing your case in the courtroom

Although the arraignment is brief, professionalism and preparation demonstrate responsibility.

What About Your Driver’s License?

Your arraignment focuses on the criminal case. However, you may also face an administrative license suspension through the Arizona Motor Vehicle Division (MVD).

If your BAC measured 0.08% or higher — or if you refused testing — you typically have 15 days from the date of service to request an MVD hearing. Otherwise, your suspension automatically begins.

Because the court and MVD proceedings operate separately, you must address both.

Misdemeanor vs. Felony DUI Arraignments

Most first-time DUI charges are misdemeanors. In those cases, the arraignment process remains relatively straightforward.

However, aggravated DUI charges under A.R.S. § 28-1383 are felonies. If you face felony DUI allegations — such as driving on a suspended license or having multiple prior DUIs within 84 months — the case proceeds through Arizona’s felony court system.

Felony arraignments carry higher stakes and may involve stricter release conditions.

Frequently Asked Questions

Do I have to speak at my DUI arraignment?

Typically, you only need to respond to basic questions and enter a plea. Your attorney can handle most of the communication.

Can my DUI case be resolved at arraignment?

In most cases, no. The arraignment simply begins the formal court process.

What happens if I miss my arraignment?

If you fail to appear, the court may issue a bench warrant for your arrest. Therefore, attending your scheduled hearing is critical.

Should I hire a lawyer before arraignment?

Yes. Early representation allows your attorney to advise you before you enter a plea and begin building your defense immediately.

The Importance of Early Strategy

Although the arraignment may seem procedural, it sets the tone for your case. From that point forward, deadlines apply, negotiations begin, and strategic decisions shape the outcome.

At Guardian Law, we conduct detailed case evaluations, review body camera footage and lab reports, and identify weaknesses in the State’s evidence. We represent clients in Gilbert, Mesa, Chandler, Phoenix, Scottsdale, and throughout Maricopa County who are facing DUI and other serious criminal charges.

Call Guardian Law today at (602) 888-8020 for a confidential consultation.