There is no doubt that the process involving a Driving While Intoxicated (DWI) conviction is extremely long.  In fact, the DWI case in a criminal court is long just in itself. The court process involves being brought in front of a courtroom judge, receiving the “criminal complaint” with the DWI offenses charged, and the factual basis to each charge (unless there are no such facts, like someone refusing the breath test).   The District attorney is present, requesting the person’s bail or releasing them.  The person with the DUI offenses will then plead guilty or not guilty where the process will start, the court officer bringing the person from the cell in the back of the courtroom to the judge.

 

Every now and them, a person will be unable to contact family, friends or a DWI attorney when arrested, in which case the court will likely have a Legal Aid attorney appear for the person. Legal Aid attorneys are in the courtroom at all times to defend the poor, and most times to appear for the unrepresented.  Otherwise, the person is given some time to contact a DWI attorney before their respective DWI case. 

 

Usually there will be about three attorneys from the District Attorney’s office in the courtroom. One of them will read the charges against the person and request the court to impose bail at a certain amount or no bail. If no bail is demanded by the District Attorney then it is stated as "ROR", which means "return on your own recognizance".

 

Bail is determined according to each particular DWI case, the DUI offenses charged and the person’s personal information. At the time of the DWI case, the District Attorney will also have the person’s personal information obtained from their computer searches on the person. They call this a “rap sheet”. It will include information about the person including any prior convictions, any arrests the person has had, any pleas to prior arrests, parole, probation, etc. 

 

If the person’s rap sheet is clear of any prior DUI offenses or crimes and this is their first arrest, chances are good that there will be no bail set against them. However, if the person’s rap sheet is clear and the DWI offenses are serious (such as the involvement of a large amount of damage or injuries to other people), then there will be a bail set against the person. There are different factors affecting the setting of bail, and all are considered by the judge in a matter of minutes.

 

If the District Attorney requests bail, it is possible that the person’s DWI attorney argue in favor of the person, possibly saying that the person is not a flight risk, they have family and friends locally, find some way to say the charges against the DUI offenses are improper, etc.