What happens at a DUI arraignment in Erie County

An arraignment is the first formal court appearance for any criminal charge—and a DUI case in Erie County is no exception. At this hearing, the court formally tells you what you are charged with, asks for your plea, and sets conditions for your release as the case moves forward. In Erie County, DUI cases begin in either Buffalo City Court or one of the town and village justice courts, depending on where the traffic stop occurred. The arraignment itself is not the time for evidence or witnesses; it is a procedural gate that initiates the court’s timeline and triggers important deadlines. Mr. Sris and the firm’s Of Counsel attorneys represent clients at arraignments across Erie County, including in Buffalo, Amherst, Cheektowaga, Tonawanda, and the surrounding communities. Understanding what happens at this stage helps you avoid missteps that could affect your license, your driving record, and the rest of your DUI case. For a consultation about a pending Erie County DUI arraignment, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

On this page

Understanding the Arraignment Process in Erie County DUI Cases

After a DUI arrest in Erie County, the first court date listed on your appearance ticket or release paperwork is typically the arraignment. In Buffalo, most DUI cases filed in Buffalo City Court are heard in the downtown courthouse at 50 Delaware Avenue. Matters arising in the suburbs—Amherst, Cheektowaga, Tonawanda, Hamburg, Orchard Park, and others—go to the local town or village court within the 8th Judicial District. At the arraignment, a judge or town justice reads the specific charges against you, which may include violations of New York Vehicle and Traffic Law § 1192. Common Erie County DUI charges include driving while intoxicated (VTL § 1192.2, per se DWI with a blood alcohol content of 0.08% or higher), driving while ability impaired (VTL § 1192.1, DWAI), or aggravated DWI (VTL § 1192.2-a, BAC of 0.18% or higher).

The court will then ask you to enter a plea. The safest plea at an arraignment is “not guilty,” because it preserves your right to learn about the evidence, review the prosecution’s case, and negotiate a potential resolution with counsel. If you plead guilty at the arraignment, the case may be sentenced immediately, and you could face a criminal conviction, fines, license consequences, and other penalties without having had the opportunity to challenge any part of the case. After the plea, the judge addresses bail or release conditions. In most first-offense DUI cases, defendants are released on their own recognizance or with a minimal bond. However, the court may impose conditions such as an order not to drive without a valid license, an alcohol monitoring requirement, or attendance at a victim impact panel. The judge then schedules the next court date—often a pretrial conference or a suppression hearing. An experienced attorney can appear at arraignment with you, advise you on the plea, and begin shaping the pretrial strategy.

Frequently Asked Questions

Do I need a lawyer at my DUI arraignment in Erie County?

While you have the right to represent yourself, going to a DUI arraignment without a lawyer puts you at a distinct disadvantage because the decisions made at this hearing can affect the rest of your case. You may be asked whether you waive a reading of the charges, how you plead, and whether you have any requests regarding bail—questions that carry legal implications you may not fully anticipate. A defense attorney can enter a not-guilty plea for you, argue for favorable release conditions, request a copy of the accusatory instrument, and begin preserving legal issues. In Erie County, the courts handle large volumes of DUI cases, and having counsel at the first appearance signals that your defense is being taken seriously. If you cannot afford an attorney, the court will advise you of your right to apply for a public defender, but eligibility is determined by financial means. For those who do not qualify, retaining private counsel is the only way to have representation at the outset. Mr. Sris and the firm’s Of Counsel attorneys handle DUI arraignments regularly in Buffalo City Court and town courts throughout Erie County.

What happens if I don’t show up for my arraignment?

Failing to appear at a scheduled arraignment in an Erie County DUI case typically results in the judge issuing a bench warrant for your arrest. A warrant gives law enforcement the authority to take you into custody immediately, which can happen during a routine traffic stop or even at your home. Once a warrant is issued, your driver’s license may also be suspended by the New York DMV pending your return to court. You can be held on bail when you are brought in, and the court may view your absence unfavorably when setting future conditions. If you missed your arraignment, it is critical to contact an attorney right away. Counsel can sometimes arrange to have the warrant vacated and a new court date set before you are taken into custody, particularly if the absence was unintentional. Do not ignore a missed court date; the situation gets worse the longer you wait. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 if you have an active warrant or missed an Erie County court appearance.

What plea should I enter at my DUI arraignment?

In almost every case, the correct plea at an Erie County DUI arraignment is “not guilty.” Pleading not guilty at this stage does not mean you are saying you are innocent—it simply preserves your right to require the prosecution to prove the charges against you. Entering a guilty plea at the arraignment means you are convicted on the spot, often without having seen the police reports, chemical test records, or any other evidence the prosecution may have. A conviction for DUI, DWAI, or aggravated DWI in New York carries license sanctions, fines, surcharges, possible jail, and a permanent criminal record that cannot be expunged. By pleading not guilty, you give your attorney time to review the evidence, identify any legal challenges—such as an improper traffic stop or a flawed breath test—and negotiate with the prosecutor. The court will permit you to change your plea later if a favorable resolution is reached. Never plead guilty at an arraignment without speaking to an attorney first.

Can I get a public defender for my DUI arraignment in Erie County?

If you cannot afford to hire a private attorney, you may apply for a public defender at your arraignment, but eligibility depends on your income and assets. At the arraignment, the judge will ask if you have retained counsel. If you answer that you do not have a lawyer and cannot afford one, the court will provide you with a financial affidavit to complete. The Erie County Public Defender’s Office or a local conflict defender may be assigned if you qualify. However, if your income exceeds the eligibility threshold—even modestly—your application may be denied, and you will be expected to hire private counsel. Public defenders are experienced and handle many DUI cases, but they also carry heavy caseloads, which can limit the time they can dedicate to your matter. If you think your income may disqualify you or if you want a private attorney who can begin working on your case immediately, contact a defense lawyer before your arraignment date. Law Offices Of SRIS, P.C. represents clients at Erie County arraignments and can arrange to appear with you at the hearing.

Will I lose my license at the arraignment?

At a DUI arraignment in Erie County, the court does not typically suspend your license on the spot—suspension usually happens earlier, at the DMV level, if you refused a chemical test or had a blood alcohol content above the legal limit. When you are arrested for DUI in New York, the arresting officer takes your driver’s license and issues a “notice of suspension” or “notice of revocation” depending on the offense. If you took a chemical test and your BAC was 0.08% or higher, your license is suspended pending prosecution. If you refused the test, your license is revoked for at least one year. The arraignment itself does not trigger a new suspension, but the court may order an ignition interlock condition or other restrictions as part of your release. Your attorney can review the underlying suspension and, in some cases, challenge it at a separate DMV hearing. That hearing must usually be requested within a short window after the arrest, so acting quickly is important. For a consultation about your DUI suspension in Erie County, call (888) 437-7747.

What court handles DUI arraignments in different parts of Erie County?

The court where your DUI arraignment takes place in Erie County depends on where the arrest occurred; in Buffalo, cases go to Buffalo City Court, while in the towns and villages, they go to the local justice court. Buffalo City Court (50 Delaware Avenue, Buffalo, NY 14202) handles DUI cases arising within the city limits. Outside Buffalo, each town and village has its own justice court: Amherst Town Court, Cheektowaga Town Court, Hamburg Town Court, Tonawanda Town Court, and others. These courts are part of New York’s unified court system, but each has its own judges, schedules, and local practices. If the DUI charge is a felony—such as a repeat DWI offense or a vehicular assault—the felony complaint will be filed in the local court for the arraignment, but the case will eventually be transferred to Erie County Court for prosecution. Our firm handles arraignments at all of these venues; we know the local prosecutors and the expectations of each bench. Contact us for information about your specific court date and location.

How long does a DUI arraignment take?

An arraignment itself is usually brief—often lasting only a few minutes per defendant—but the wait time at the courthouse can vary depending on the court’s calendar. In a busy city court like Buffalo City Court, the courtroom may have dozens of cases on the docket, and you could be waiting for an hour or more before your case is called. In a smaller town justice court, the process tends to be quicker because fewer matters are scheduled. Once your case is called, the actual proceeding involves the judge stating the charges, asking for the plea, and addressing bail or release conditions. If your attorney is present and prepared, the exchange can be completed efficiently. After the arraignment, you will be given a date for the next court appearance. Plan to be at the courthouse for at least an hour to be safe, and dress appropriately, as you are appearing before a judge. The firm can advise you on what to expect at your specific court location in Erie County.

What happens after the arraignment in a DUI case?

After the arraignment, the case enters the pretrial phase, during which your attorney obtains and reviews the evidence, files motions, and negotiates with the prosecution. The next scheduled date is typically a pretrial conference or a motion hearing. In DUI cases, critical evidence includes the police reports, the breath test or blood test calibration and maintenance records, any video from the patrol car or body-worn cameras, and the results of field sobriety tests. Your attorney will examine this evidence for legal and factual issues that could lead to a dismissal, a reduction of charges, or a more favorable plea offer. In Erie County, the Erie County District Attorney’s Office prosecutes most DUI cases in Buffalo City Court, while town prosecutors or special prosecutors handle cases in the justice courts. The pretrial phase can last weeks or months, depending on the complexity of the case and the court’s schedule. Throughout this period, you will be required to appear at each court date unless your attorney has obtained permission for you to be excused. Missing a subsequent date can result in a warrant, even if you appeared at the arraignment.

Can I speak to the prosecutor at the arraignment?

At an arraignment, you are not expected to speak with the prosecutor about the facts of your case—this is for your attorney to do, and doing so yourself could harm your defense. The arraignment is a formal proceeding where the charges are read and a plea is entered; it is not a negotiation session. The prosecutor may note the appearance of your attorney and possibly mention any initial plea offer, but any substantive discussion should happen between your lawyer and the prosecutor outside the courtroom. If you appear without an attorney, the prosecutor or judge may ask you questions that you may not be legally equipped to answer. Anything you say can be used against you later. Having an attorney present at the arraignment establishes that you have representation and ensures that any communication with the prosecution goes through your lawyer, protecting your rights. For that reason, it is worth having a lawyer even at this first stage.

What should I bring to my DUI arraignment in Erie County?

Bring a copy of your appearance ticket or release paperwork, a form of identification, and the contact information for your attorney. The appearance ticket or the documents given to you when you were released will list the date, time, and address of the court. You should also bring a photo ID such as a driver’s license—even if it is suspended—or a passport, as the court will ask you to identify yourself. If you have already retained an attorney, bring their business card or have their phone number readily available. Some people also bring a pen and notepad to write down the next court date or any conditions the judge imposes. Do not bring weapons, food, or beverages (other than water) into the courthouse. Electronic devices such as cell phones should be silenced, and their use may be restricted inside the courtroom. Dressing neatly and conservatively is recommended; it shows the court you are taking the matter seriously. If you are unsure of where to go or what to expect, call our firm before the date at (888) 437-7747.

What are the potential penalties for a DUI conviction in Erie County?

Penalties for a DUI conviction in New York depend on the specific charge and your prior record, but even a first offense can result in a criminal record, fines, license sanctions, and possible jail time. A first-offense misdemeanor DWI (VTL § 1192.2) in New York carries up to one year in jail, a fine of $500 to $1,000 plus a surcharge, and a six-month license revocation. A DWAI (VTL § 1192.1) is a traffic infraction, not a crime, and involves up to 15 days in jail, a $300 to $500 fine, and a 90-day license suspension. Aggravated DWI (VTL § 1192.2-a) with a BAC of 0.18 or higher increases the maximum fine and the jail term to up to one year, and it carries a one-year license revocation. All DWI convictions also require a driver responsibility assessment of $250 per year for three years. For second and subsequent offenses within 10 years, the charges become felonies with mandatory state prison time. The severity of any sentence depends on the facts of the case, the quality of the defense, and the negotiations with the prosecution. An experienced lawyer works to challenge the charges and seek the most favorable outcome possible. Results may vary.

How do I prepare for a DUI arraignment in Erie County?

The single most important step you can take before your arraignment is to speak with a qualified DUI defense attorney who regularly practices in the Erie County courts. An attorney can review your arrest paperwork, explain what charges you face under New York law, and tell you exactly what to expect at your particular court. They can also discuss whether you may be eligible for a public defender and whether any immediate steps should be taken to protect your license or address a DMV suspension. On a practical level, make sure you know the exact address and time of your court appearance; map it out in advance, especially in winter weather conditions. Arrange for transportation—if your license is suspended, do not drive yourself. Dress in clean, conservative clothing. If you have already retained counsel, confirm that they know the date and will be present. If you have not yet hired a lawyer, do so as soon as possible rather than waiting until the morning of the hearing. For a consultation about an upcoming arraignment in Erie County, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

About Mr. Sris and His Of Counsel Team

Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor with multi-state experience. Admitted in New York, Virginia, Maryland, the District of Columbia, and New Jersey, Mr. Sris brings a broad understanding of both the legal theory and the practical courtroom realities that shape a DUI case. He is supported by a team of Of Counsel attorneys who concentrate their practice on criminal defense and traffic matters in Western New York. Mr. Sris and the firm’s Of Counsel attorneys appear in Buffalo City Court, town justice courts, and Erie County Court regularly, and they know the local prosecutors and judicial expectations across the 8th Judicial District. Their combined legal experience allows the firm to challenge the evidence in each case—from the initial traffic stop to the chemical test results—and to work toward a resolution that protects the client’s driving privileges and record. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Results may vary.

Primary sources: New York Vehicle and Traffic Law § 1192 | Erie County Courts – 8th Judicial District

Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary. The phone number for Law Offices Of SRIS, P.C. is (888) 437-7747. Mr. Sris is the attorney responsible for this advertising; admitted in New York, Virginia, Maryland, the District of Columbia, and New Jersey. © 1997-2026 Law Offices Of SRIS, P.C.