What Happens at a DUI Arraignment in Dane County?

Your first court appearance after a DUI arrest is called the arraignment. For most people, this is the most intimidating part of the process — walking into a courtroom, facing a judge, and not knowing what to expect. But the arraignment is actually a straightforward proceeding, and knowing what's going to happen can take a lot of the fear out of it.

Where and When Does It Happen?

In Dane County, OWI arraignments are held at the Dane County Courthouse at 215 S. Hamilton Street in Madison. Your citation or summons will tell you the exact date, time, and courtroom. Arraignments are typically scheduled 2–4 weeks after your arrest.

What Happens at the Arraignment?

The arraignment has three main purposes:

1. You're Formally Read the Charges

The judge or court clerk will read the charges against you — typically OWI (Operating While Intoxicated) and possibly PAC (Prohibited Alcohol Concentration), along with any related charges like reckless driving or open container.

2. You Enter a Plea

The judge will ask how you plead: guilty, not guilty, or no contest. In almost every case, the right answer is not guilty. This doesn't mean you're claiming you didn't do it — it means you're exercising your right to make the prosecution prove their case. You can always change your plea later if a plea agreement is reached.

3. The Judge Sets Conditions of Release

The judge will set conditions for your release while the case is pending. Common conditions for OWI cases include:

• No alcohol consumption
• No driving without a valid license
• Random alcohol testing (urine or breath)
• Ignition interlock device (if high BAC or prior offense)
• No contact with certain individuals (if applicable)

Do You Have to Be There in Person?

In many cases, your attorney can appear on your behalf for the arraignment. This is called a "waiver of appearance" and it means you don't have to take time off work to sit in a courtroom for a 5-minute hearing. However, some judges in Dane County require the defendant to appear in person, especially for second or subsequent offenses.

Your attorney will let you know whether you need to be there. If you do, dress appropriately (business casual is fine), be respectful, and follow your attorney's guidance.

What Happens After the Arraignment?

After the arraignment, the case moves into the pretrial phase. Your attorney will request discovery (the evidence the prosecution has against you), file any motions (like a motion to suppress evidence), and begin negotiating with the prosecutor. Most OWI cases are resolved through plea negotiations, but your attorney should be prepared to take your case to trial if necessary.

Common Mistakes at Arraignment

• Pleading guilty too early — Never plead guilty at arraignment without consulting an attorney first
• Waiving arraignment without understanding the consequences — Make sure you know what you're giving up
• Talking too much — Answer the judge's questions directly and briefly. Don't try to explain your side of the story
• Missing the court date — This can result in a bench warrant and additional charges

Call us at (608) 535-6554 for a free consultation. We'll help you prepare for every step of the process.