What happens at a pretrial hearing for DUI?

Many courts have pretrial hearings for DUI cases. These hearings are also sometimes called “mandatory appearances” or “entry of plea hearings.” The scheduling or timing of these hearings vary from one court to the next, but the general purpose of the hearing is the same: Pretrial hearings are designed to determine whether the DUI case is going to be resolved or settled without the need for a trial.

Jury trials take considerable time and resources for the local courts. Judges do not want to schedule trials if they are not needed. Some courts have what are called “final resolution hearings” to explicitly communicate to the defendant that they have one last date at which point they can finally resolve their case short of trial.

DUI cases can be resolved a variety of ways following an official charging decision and arraignment. In some cases, the defense can show the prosecutor that there is a factual or legal problem with the case, and the prosecutor might then dismiss the case. In other cases, the defendant may come to the conclusion that they don’t really have any good factual or legal defenses, and therefore the defendant may want to plead guilty. Often times, the defense needs more time. The defense may need to ask the Court at the pretrial hearing for additional time to review discovery (e.g. police reports), interview witnesses, and conduct their own investigation.

If you are a defendant with a pending DUI case– and if your case is set for a pretrial hearing– you should speak with your attorney about the expected procedures in your individual case. If for some reason you have not retained an attorney, you’ll want to retain one before the pretrial appearance. If you cannot afford an attorney and a public defender hasn’t yet been appointed to your case, make sure to bring this up with the judge at the pretrial appearance. Demand an attorney. If you have a retained attorney or a public defender has already been appointed but you haven’t yet met with the attorney, call the attorney right away to discuss your options, defenses, and what you’ll be doing at the pretrial hearing.