Arizona DUI Arraignment: Pleas, Rights, and Next Steps

The arraignment is one of the stages covered in Arizona’s traffic ticket and court system. A DUI is a criminal charge, not a civil traffic ticket, so it follows the criminal court process from the first hearing forward. This article explains what the arraignment is, which court hears it, how a plea is entered, and why the case against the driver’s license moves on its own timeline.

What an Arizona DUI arraignment is

An arraignment is the hearing where the court formally tells a defendant what they are charged with and asks them to enter a plea. For a DUI, the charge is read from the complaint, the judge confirms the defendant understands it, and the defendant responds with one of three pleas. Nothing is decided about guilt at this hearing; it is the procedural start of the case.

The arraignment is sometimes confused with the initial appearance. When a person is booked into jail after a DUI arrest, the initial appearance happens first, usually within 24 hours, and is where a judge reviews release conditions. For a misdemeanor DUI where the driver was cited and released rather than held, the arraignment is often the first time the person stands before a judge. The Arizona Judicial Branch’s criminal case self-service center describes the steps a criminal case moves through, from charging to sentencing.

The charge and the court it lands in

The specific DUI statute charged determines both the possible penalties and which court hears the case. A standard impairment or 0.08 DUI is charged under A.R.S. § 28-1381, which makes the offense a class 1 misdemeanor. A 0.08 or extreme DUI is a misdemeanor handled in the municipal court of the city where the stop happened, or in the justice court for that precinct.

An extreme DUI, charged under A.R.S. § 28-1382, applies when the alcohol concentration is 0.15 or more and carries longer mandatory jail terms, but it is still a misdemeanor arraigned in a limited-jurisdiction court. An aggravated DUI is different. Under A.R.S. § 28-1383, a DUI committed on a suspended license, as a third offense within 84 months, or with a passenger under 15 in the vehicle is a class 4 or class 6 felony. Felony DUI charges are arraigned in the Superior Court, and the process includes a grand jury or preliminary hearing that misdemeanor cases do not.

Entering a plea at the arraignment

The defendant enters one of three pleas. A not-guilty plea denies the charge and moves the case toward a pretrial conference and, if it is not resolved, a trial. A guilty plea admits the charge. A no-contest plea, also called nolo contendere, accepts the penalty without formally admitting the facts, which can matter if a related civil lawsuit exists.

Most defendants enter a not-guilty plea at arraignment. It preserves the right to review the evidence, the breath or blood test results, and any defenses before deciding how to resolve the case. A guilty or no-contest plea can usually be entered later; a not-guilty plea entered now keeps that choice open. At a DUI arraignment the court has a specific statutory duty: under A.R.S. § 28-1381(F), and the parallel provision in A.R.S. § 28-1382(C) for extreme DUI, the court must inform the defendant that they may request a jury trial and that the request, if made, will be granted.

1. The charge is read

   The judge or clerk reads the DUI charge from the complaint and confirms the defendant understands what statute they are accused of violating. The defendant does not argue the facts at this point.

2. Rights are explained

   The court advises the defendant of the right to counsel, including appointed counsel for those who qualify, and of the right to request a jury trial. A defendant who cannot afford an attorney can ask the court to appoint one.

3. A plea is entered

   The defendant states a plea of guilty, not guilty, or no contest. A not-guilty plea moves the case to the next stage; a guilty or no-contest plea moves it toward sentencing.

4. Release conditions and the next date are set

   The court confirms or adjusts release conditions and sets the next hearing, usually a pretrial conference. The defendant leaves with a written notice of that date.

Release conditions and what to expect in the courtroom

For most first-time misdemeanor DUIs, the defendant was released after booking and appears at the arraignment on their own. The court may impose or continue conditions of release, such as not driving without a valid license, not consuming alcohol, or installing an ignition interlock device in some cases. These are conditions of the criminal case, distinct from any license action by the MVD.

Bringing the citation or hearing notice, a photo ID, and any paperwork received at the arrest helps the hearing move quickly. Arraignments are short and often heard in a group calendar, with each defendant called in turn. A defendant who has hired an attorney may have counsel appear and enter the plea; in many misdemeanor courts the attorney can handle the arraignment without the defendant present. The State Bar of Arizona’s public legal help resources explain how to find and evaluate a defense attorney.

The license suspension runs on a separate track

The consequence that surprises many drivers is that the arraignment does not resolve their license status. Arizona runs an administrative license suspension through the Motor Vehicle Division that is separate from the criminal case and moves on its own deadline. Under A.R.S. § 28-1385, a driver who tested at 0.08 or above faces an administrative suspension of at least 90 consecutive days, and the officer serves an order of suspension that takes effect 30 days after it is served.

A driver who refused the breath, blood, or urine test faces a different administrative penalty. Under Arizona’s implied consent law, A.R.S. § 28-1321, a refusal leads to a license suspension of 12 months for a first refusal, or two years for a second refusal within 84 months.

Because the two tracks are independent, a driver can be found not guilty in the criminal case and still have served an administrative suspension, or can resolve the license issue while the criminal case continues. Keeping the two deadlines separate in mind is part of understanding a DUI case.

What happens after the arraignment

After a not-guilty plea, the case moves to a pretrial conference where the prosecutor and the defense discuss the evidence and any resolution. If the case does not resolve, it proceeds toward trial, which for a misdemeanor DUI can be a jury trial when requested. Sentencing follows only a conviction or a guilty or no-contest plea.

The penalties attached to a conviction are set by statute, not decided at the arraignment. A first-offense conviction under A.R.S. § 28-1381 carries a minimum of 10 consecutive days in jail and a fine of not less than $250, plus mandatory assessments and, for an alcohol offense, an ignition interlock requirement. Extreme and aggravated charges carry higher mandatory terms. For how the tiers and penalties compare, see Arizona DUI laws and BAC tiers, and for a focused look at a first charge, see what a first-offense DUI in Arizona involves.