What happens at a DUI arraignment in Ontario County
A DUI arraignment in Ontario County, New York is your first formal court appearance after an arrest for driving under the influence of alcohol or drugs. At the arraignment, a judge reads the specific charge—often driving while intoxicated (DWI) under New York Vehicle and Traffic Law § 1192, or the lesser driving while ability impaired (DWAI)—and you have the opportunity to enter a plea. The procedure also addresses bail or release conditions, and the court sets the schedule for future proceedings. Having an experienced defense attorney present at arraignment is critical because decisions made at this early stage can affect your case for months. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your situation before your court date. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding the DUI Arraignment Process in Ontario County
In Ontario County, a DUI arrest is typically followed by a first appearance in the local criminal court where the stop occurred—that could be a town or village justice court, or the Ontario County Supreme Court in Canandaigua if the case involves an indictment or other complications. The court operates Monday through Friday, and counsel appearing on traffic matters should plan filings accordingly. At the arraignment, the judge ensures you understand the charge, informs you of your right to counsel, and asks how you plead. Most drivers enter a plea of not guilty, which preserves all options for negotiation, motion practice, and trial. The judge then considers bail or release; for many first-offense DWIs, release on recognizance may be appropriate, but the court can impose conditions such as an alcohol-sensing device or a license suspension. The prosecutor, who represents the state, may also provide initial discovery material, although full discovery happens later.
Ontario County Supreme Court Court hours: Mon-Fri 9:00AM-5:00PM. Counsel appearing on traffic matters should plan filings accordingly.
A well-prepared defense attorney can use the arraignment to begin laying the groundwork for a favorable resolution—by entering a not-guilty plea, requesting reasonable bail, preserving all evidence, and setting deadlines for motions. The firm’s New York location represents clients at Ontario County courts. Contact (888) 437-7747 for an appointment and directions.
Frequently Asked Questions
What is a DUI arraignment in Ontario County?
An arraignment is the first court appearance after a DUI arrest in Ontario County, where the judge formally notifies you of the charge against you and you enter a plea. It is a procedural hearing, not a trial. The judge also addresses release conditions and sets the next court date. You have the right to an attorney at this stage, and anything you say can be used later, so it is important to have counsel present.
When will my arraignment be scheduled after a DUI arrest?
Your arraignment is typically scheduled within a few days of the arrest, often the next business day if you are held in custody, or within a few weeks if released after arrest. The specific timeline depends on the court’s calendar and whether you were issued a ticket to appear or held for a bail hearing. An attorney can confirm your arraignment date and help you prepare.
Do I need a lawyer at my DUI arraignment?
You are not legally required to have a lawyer at the arraignment, but it is strongly advised. Decisions about plea, bail, and license status are made at this hearing, and a lawyer can advocate for a release on your own recognizance, negotiate with the prosecutor, and set the tone for your defense. Facing a DWI charge without counsel puts you at a disadvantage.
What plea should I enter at the arraignment?
Most people charged with DUI in Ontario County enter a plea of not guilty at the arraignment. This allows time to review the evidence, discuss possible resolutions with your lawyer, and file motions. Pleading guilty at the arraignment results in immediate sentencing and forfeiture of rights; it is rarely advisable without legal advice.
Will I be taken into custody at the arraignment?
Whether you remain in custody after arraignment depends on the charge, your record, and the judge’s decision on bail or release. For a first-offense DWI, release on your own recognizance is common, but the judge may set bail if you have prior convictions or your charge is a felony. An attorney can argue for the least restrictive conditions.
What happens if I plead not guilty?
If you plead not guilty, your case moves into the pre-trial phase, where your lawyer can request discovery, file motions, and negotiate with the District Attorney. You will receive a date for a hearing or conference. Throughout this period, an experienced DWI attorney can evaluate the state’s evidence and work toward a reduction or dismissal.
Can the charge be dismissed at the arraignment?
It is uncommon for a DWI charge to be dismissed at the arraignment itself, but a skilled defense lawyer can identify legal defects that may lead to dismissal later. At the arraignment, the primary purpose is to advise you of the charge and take your plea, not to argue the case’s merits. Dismissals happen later, through pre-trial motions or negotiations.
How does the court determine bail in a DUI case?
In Ontario County, as in all New York courts, the judge sets bail based on factors in New York Criminal Procedure Law § 510.30, including the seriousness of the charge, your criminal history, ties to the community, and risk of flight. For most first-offense DWIs, release on recognizance is the norm, but a felony DWI or prior felony conviction may lead to bail. An attorney can present argument at the arraignment for favorable bail terms.
Where does the arraignment take place in Ontario County?
The arraignment occurs in the local criminal court where the DUI arrest was made—could be a town or village justice court such as Canandaigua City Court, or for indictment-level charges, the Ontario County Supreme Court. Always check your appearance ticket for the exact court address. All proceedings are on the public record.
How can I reach a DUI lawyer before my arraignment?
Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation before your Ontario County arraignment. The firm’s New York location serves clients throughout the Finger Lakes region. An early consultation allows your attorney to prepare for the hearing and advise you on the plea and bail process.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor admitted to practice in New York, Virginia, Maryland, the District of Columbia, and New Jersey. He founded the firm in 1997 and draws on his prosecution background to approach DWI defense with insight into how the state builds its case. The firm’s Of Counsel attorneys bring additional experience and work collaboratively on traffic matters. Together, Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience. Results may vary. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
Additional Traffic Resources:
New York County traffic lawyer |
Kings County traffic lawyer |
Queens County traffic lawyer |
Richmond County traffic lawyer |
Nassau County traffic lawyer
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