Do You Have to Appear in Court for a California DUI?

 Posted on October 07, 2026 in DUI

In many California DUI cases, your attorney can appear in court without you. State law lets most people charged with a misdemeanor have their attorney attend hearings for them. This means some DUI cases can be handled without you even going to court. DUI cases carry their own rules, though. The judge can still require you to attend certain hearings. Felony cases work differently.

If you are facing a DUI charge in 2026, our Napa, CA DUI defense lawyer can tell you which hearings you will actually need to attend.

What Does California Law Say About Your Attorney Appearing in Court Without You?

California Penal Code § 977 allows many people charged only with a misdemeanor to appear through their attorney rather than personally.

In a misdemeanor DUI case, the judge can still require you to appear at arraignment, when a plea is entered, at sentencing, or other proceedings when appropriate. Local court practices also vary, so your attorney can tell you which hearings require you to be there.

What Happens at Each Stage of a California DUI Case?

A misdemeanor DUI moves through several court dates, and your involvement differs at each. Arraignment is the first appearance, where the charges are formally read, and a plea is entered. Pretrial conferences follow, where your attorney and the prosecutor discuss evidence and possible resolutions. These are the hearings most often handled by counsel alone.

Motion hearings come next when the defense challenges the stop, the arrest, or the chemical test. Some motion hearings involve witness testimony, and your attorney can tell you whether you need to attend. If the case resolves by plea, sentencing follows. If it does not, the case proceeds to trial, where you have the right to be present and generally should be, because a jury notices the empty chair.

Do You Have to Appear in Court for a Felony DUI in California?

Felony DUI cases require your personal presence at several important proceedings. According to California law, you typically must be present for arraignment, entry of a plea, the preliminary hearing, portions of trial where evidence is taken, and sentencing.

A DUI may be filed as a felony in more serious situations. This includes some cases involving injury, multiple prior DUI convictions, or a prior felony DUI conviction. For some other proceedings, the court may allow you to waive your personal appearance. Whether that is permitted depends on the hearing and the judge.

What Happens if You Miss a Court Date for a DUI in California?

Missing a required court appearance can lead to serious consequences. The judge can issue a warrant for your arrest. You could also lose your bail money or face different bail conditions. A willful failure to appear when you are legally required to be in court can also lead to a separate criminal charge.

This is one reason to confirm every court date with your attorney. If your lawyer is authorized to appear on your behalf and the court has not ordered your personal appearance, you may not need to attend the hearing.

Is the DMV Hearing Separate From Court After a DUI in California?

Your DMV hearing is separate from the criminal DUI case. The court decides the criminal charge, while the DMV separately decides what happens to your driving privilege.

You have 10 days after receiving the suspension or revocation order to request a DMV hearing. That notice is often given to you at the time of arrest. Missing the deadline can cause you to lose your right to challenge the administrative suspension.

DMV hearings are handled by a DMV hearing officer rather than a criminal court judge, and your attorney can represent you.

If you are found not guilty in criminal court, the DMV sometimes must undo the license suspension. This depends on whether the court’s decision settles the same facts involved in the DMV case. A reduced charge or dismissal does not necessarily have the same effect.

Schedule a Free Consultation With Our Sonoma, CA DUI Defense Attorney

Attorney Burglin has represented more than 5,000 individuals charged with DUI and has served as lead counsel in more than 120 DUI jury trials since beginning his practice in 1985. He’s also completed Indiana University’s course on chemical testing in DUI cases. That training helps him review how breath and blood samples were collected and tested.

Contact Burglin Law Offices, P.C. at 415-729-7300 to talk to our Napa, CA DUI defense lawyer today.