Facing a DUI arrest can leave you unsure about what comes next, especially when your first court date approaches. You may not know what the judge will ask, what you need to say or whether you could make a decision that affects the rest of your case. Understanding the purpose of this hearing can make the process less unfamiliar.
Here is what you can generally expect when you attend an arraignment for a DUI charge in South Dakota.
The charges are formally presented
The court formally presents the charges against you during the arraignment. South Dakota law requires the court to read the indictment, information or complaint to you or state the substance of the charge, then provide you with a copy before asking for your plea.
This hearing gives you an opportunity to hear exactly what the state has charged you with rather than relying only on what you heard after your arrest.
You enter a plea
You generally enter a plea after the court presents the charges. South Dakota law allows several types of pleas, including guilty, not guilty and nolo contendere.
For someone who plans to contest a DUI charge, a not-guilty plea allows the case to continue through the criminal process. If you consider pleading guilty or nolo contendere, the court must address you personally and make sure you understand important consequences before accepting the plea.
Your next court proceedings are addressed
The arraignment usually does not end the DUI case, particularly when you plead not guilty. After you enter your plea, the court can address the next steps in the case, including scheduling future proceedings.
For a not-guilty plea, the case can continue through the pretrial process and, if necessary, proceed to trial. The specific steps and timing will depend on the circumstances of your case.
Know what comes next
An arraignment gives you an early opportunity to understand the charge and begin addressing the case in court. Before making decisions about your plea or how to handle the proceedings that follow, consider reviewing the charging documents and circumstances of your arrest with an attorney. Legal assistance can help you understand what the allegations mean and what options you have at each stage of the case.