During the course of your DWI/DUI, your case will be set for a number of pre-trial hearings. These hearings are called so that the attorneys on both sides can report the status and any problems with the case to the judge.
It is quite common that the District Attorney has not provided discovery by the time of the first pre-trial hearing. Often, the District Attorney will provide the discovery in Court. By rule, the District Attorney is supposed to provide discovery within 30 days of the arraignment. More often, the discovery has not been provided. This will be reported to the judge along with any issues regarding witness interviews.
The District Attorney is required to make witnesses available for the defense to interview. In DWI/DUI cases, the State‘s witness list will typically contain only police officers. In these situations, your attorney will set up the police officer interviews directly with the police department. Again, it is very common that the police officers do not show for interviews or the defense attorney was unable to get them scheduled at all. This too will be reported to the judge.
Judges frequently will give the District Attorney numerous opportunities to provide discovery and make witnesses available. However, your attorney will request a dismissal at each pre-trial hearing where these issues are present. Many, though far from all judges, will eventually sanction the District Attorney for its failure to cooperate in discovery or witness interviews by excluding discovery, excluding witnesses, or outright dismissal of the case against you. It depends on the judge which makes your early decision of whether to keep the first assigned judge very important.