Criminal Law Questions? Ask a Criminal Lawyer.
At a DUI arraignment, you would be required to enter a plea of guilty or not-guilty. For a plea of guilty you may be sentenced immediately. If a plea of not-guilty is entered a court date will be given for the trial.
With a skilled DUI lawyer on your side you may not even have to appear at your arraignment. At the arraignment the attorney will be merely stating that he or she is your attorney and will be setting a pretrial hearing.
At the pretrial heraing, your attorney will be attempting to have your charges thrown out, determining if the police officer had a "reasonable suspicion" to stop you, determining if the officer had "probable cause" to arrest you, and trying to get suppressed any improperly obtained sample of your blood, breath or urine. After this hearing, the judge will then decide whether or not to throw your case out or proceed on to trial.
Unfortunately, your attorney is right in that you will not be eligible for a restricted license due to the fact that your license will only be suspended for 60 days.
I hope this helps! If this has helped, please accept so that I may continue to help others as well.
Your lawyer is correct in that it is just paperwork. Since this is a first time DUI, you definitely did the right thing in waiving and getting the DA to set ARD classes. If you had attended arraignment there was a possibility of jail time; however, I would have recommended the same waiver.
I hope this helps ease your mind. Make sure though that prior to talking to the DA that he or she has already agreed to ARD classes and set the time.
No, you don't have to arrange them before. I would just make sure the DA agreed to these prior to. From what you have told me, it sounds like he has. I know this is very scary for you; however, it sounds like your lawyer is taking care of you.
Everything will work out and this will all be over with soon.
Good luck with everything!
You are very welcome. If you ever need help again, just let me know.