The air in the courtroom is cold and still. You are sitting on a hard wooden bench, surrounded by strangers, waiting for your name to be called. For the judge, the prosecutor, and even the bailiff, this is just another Tuesday morning.
For you, it is the moment a felony DUI charge becomes terrifyingly real. This is not a traffic ticket hearing. This is your arraignment in the Superior Court of California, the formal start of a legal war where the state is seeking to brand you a felon and send you to prison.
The impersonal nature of the process is part of the prosecution's strategy. They want you to feel like a number, a file to be processed, and to accept the first deal they offer out of fear and confusion.
Knowing the objectives, the players, and the stakes enables you to approach the process from a position of strength, rather than fear.
The initial standoff
- This is not a trial. Your arraignment is not the time to tell your side of the story or prove your innocence. It is a formal hearing to address the charges, enter a plea, and, most importantly, argue over your custody status.
- Your freedom is the main event. The most significant battle at a felony arraignment is the bail hearing. The prosecutor will argue that you are a danger to the community and should be held in custody or have an enormous bail set.
- A "Not Guilty" plea is the only move. Pleading "not guilty" is the standard and necessary action at this stage. It preserves all of your constitutional rights and officially begins the fight against the charges.
What is an Arraignment?
An arraignment is your first official appearance in court after the District Attorney has formally filed criminal charges against you. It is a brief but significant hearing with several specific purposes. It is a public proceeding where the state formally accuses you of a crime in front of a judge.
The formal reading of the charges
The judge will call your case, and you will stand before the bench. The judge will state your name for the record and confirm you have a copy of the criminal "complaint."
This document lists the specific penal code or vehicle code sections you are accused of violating. In a felony DUI case, this will likely include a charge under California Vehicle Code 23153 (DUI Causing Injury) or VC 23152 with prior convictions alleged.
Entering a plea of "not guilty"
Pleading "not guilty" is the legal mechanism that preserves every single one of your rights. It allows your attorney the time to obtain and review the evidence, conduct an independent investigation, and file pre-trial motions to challenge the state's case.
The Bail Hearing
In a felony case, the bail hearing is often the most contentious part of the arraignment. The prosecutor's goal is to keep you in jail. Our goal is to get you out. The judge will listen to arguments from both sides before deciding whether to release you, set a bail amount, or order you to remain in custody.
The Prosecutor's argument to keep you in jail
The prosecutor will argue that your felony DUI charge proves you are a danger to public safety. They will point to any prior convictions you have or the severity of any injuries in the current case. They will tell the judge that if you are released, you are likely to drive again and hurt someone else.
They may also argue you are a "flight risk," meaning you might not return to court. They will ask the judge to set bail at a very high amount, often tens of thousands of dollars, knowing that it may be impossible for you to pay.
Our argument for your release
We come to the arraignment prepared for this fight. We present a powerful counter-argument to the judge focused on your ties to the community. We provide evidence of your stable employment, your family in the area, your long-term residence in San Diego County, and any other factors that prove you are not a flight risk.
Why Your DUI is a Felony
A standard DUI is a misdemeanor. For the prosecutor to charge you with a felony, certain aggravating factors must exist. The two most common are:
Prior convictions
If you have three or more prior DUI convictions within a 10-year period, the fourth DUI arrest will automatically be charged as a felony. The prosecutor will allege these prior convictions in the criminal complaint, and a conviction will result in a mandatory state prison sentence.
Accident with injury
If you were involved in an accident while driving under the influence and another person suffered an injury, you will be charged with DUI Causing Injury under VC 23153.
This is a "wobbler," meaning the DA can charge it as either a misdemeanor or a felony. They will almost always file it as a felony if the injury is anything more than minor, such as a broken bone.
An AI Has No Standing in a San Diego Courtroom
A search engine can give you the text of a vehicle code, but it cannot appear at your arraignment and argue for your release. An AI cannot analyze the police report for the constitutional flaw that gets your case dismissed.
The defense of a felony DUI requires a human advocate with a deep knowledge of the local courts and the courage to challenge the prosecution.
Your Defense Starts Before Your Court Date
A felony DUI charge is a direct threat to your freedom. The outcome of your first court appearance can set the tone for the entire case. You need a defense team that is prepared to fight for you from the very beginning.
The attorneys at Elite Criminal Defense have a long record of successfully defending clients at felony arraignments, securing their release, and building the powerful defense they need to protect their future.
Contact us today at 619-642-2871 for a free and confidential consultation.