Result of DUI arraignment in Louisiana.

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Result of DUI arraignment in Louisiana.

I was arrested for DUI and blew a .189.  This is in Louisiana. This is my 1st time ever being arrested.  What is likely to happen at my arraignment?  Will I go to jail?

Asked on June 14, 2009 under Criminal Law, Louisiana

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

The general rule is that an arraignment is a defendant's first court appearence on criminal charges.  Although procedure may vary slightly from state to state, generally at an arraignment the judge will set a bond (if one is not already set), and any relevant conditions of bond, and grant a short continuance to allow you to decide how you would like to resolve the case, due to the fact that many arraignments occur shortly after the arrest and therefore the defendant has not had time to evaluate his or her options and/or consult/retain an attorney.  Although it is theoretically possible to resolve the matter on your first appearance, it is unlikely and not advisable unless the prosecution is offering to drop (i.e. nolle or dismiss) all charges. 

In the meantime, you should consult with and/or retain a criminal defense attorney as soon as possible, if not before your arraignment, then shortly afterward so that he or she may appear at your next court date.  If you are planning on hiring an attorney, simply ask for time to do so at your arraignment.  Then, once you have retained an attorney you can begin to evaluate your options.  For example, the case may be defensible, or there may be first offender diversionary programs available to you that will result in dismissal of the charges upon their successful completion.  Nevertheless, barring some very unusual circumstances you will not be hauled off to jail at your first court appearance if you are already free on bond.


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