If someone missed their DUI arraignment, then it is almost certain that a bench warrant was created, which is not much different from other arrest warrants. This is something that has to be taken care of immediately, else they could be pulled over for a minor traffic violation, only to find that they are under arrest because of an outstanding bench warrant. Learn how to find out if you have a bench warrant, what this would mean, and how you can take care of it.
The DUI arraignment is where you are officially charged with a DUI (or DWI), and where you enter in your plea of guilty, not guilty, or no contest. If you do not show up to court, then this "failure to appear" means that a judge will issue a bench warrant, so-named because the judge is on the bench when the warrant was made. With this on the record, any run in with officers, even a speeding ticket, means that your bench warrant shows up and you get arrested. Unfortunately, bench warrants are a matter of public record, so not only can law enforcement see this, but so too can any potential employers, landlords, and lenders. And anyone who sees this record can further notify police, getting you arrested. Typically, a bench warrant will also mean bail gets increased, substantially.
The problem of bench warrants has to be dealt with quickly. Usually, this means you have to turn yourself in. Either you and/or an attorney representing you has to appear in court. Worst case scenario, you are arrested and spend a few days in jail before an additional court hearing. But this will at least get rid of the bench warrant, and a judge will remember that you turned yourself in, which will be something in your favor. But hopefully what you can do is find out that you have a bench warrant, and also discover how high bond has been set. If you can reach the office that handled the warrant, then you can ask for a court hearing where you pay this fee and the bench warrant gets removed. You can tell the judge, apologetically, why you missed your court date. You can tell him or her that you are ready to pay up your entire fee right then and there, and you can request that the bench warrant be cleared.
When you have paid, be sure to get a receipt and a signed warrant recall or discharge letter. You can get these from the clerk handling the bench warrant bond, and from the judge's office, respectively. Hold on to these papers every single place you go for at least 30 days. It may take a while for the database to update, which could mean that unless you show an officer these papers, you could be arrested by mistake.
Not sure whether there is a bench warrant for you? You can check for yourself online, and know that you should be able to get this information for free. If a site charges anything for this record, try accessing your local court's website, or you can call your local courthouse or the police station.
If you work with a local DUI attorney throughout this process, you would be working with someone who not only knows state laws and how best to handle your case, but you would have someone on your side who is familiar with the judges, clerks, and other lawyers in that area. With a legal expert's help, you may be able to remove the bench warrant and reschedule your DUI arraignment, so you can proceed with your DUI defense.