What happens at a DUI arraignment in Cattaraugus County

If you are facing a DUI charge in Cattaraugus County, New York, the arraignment is your first court appearance and a critical step in your case. At the arraignment, held in the appropriate local court—typically the town or village justice court where the arrest occurred, or the Cattaraugus County Supreme Court for felony matters—a judge will formally read the charges against you, advise you of your rights, and ask you to enter a plea. You will have the opportunity to enter a plea of guilty, not guilty, or, with the court’s permission, no contest. The court will also decide whether to set bail or release you on your own recognizance. Law Offices Of SRIS, P.C., through Mr. Sris and his Of Counsel team, represents individuals facing DUI charges in Cattaraugus County, including in towns such as Olean, Salamanca, Ellicottville, and Little Valley. Reach our firm at (888) 437-7747 to discuss your arraignment and your options. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Cattaraugus County Supreme Court court hours: Mon-Fri 9:00AM–5:00PM. Counsel appearing on traffic matters should plan filings accordingly.

On This Page

Understanding the DUI Arraignment Process in Cattaraugus County

In New York, a driving while intoxicated (DWI) charge under Vehicle and Traffic Law § 1192 triggers a criminal proceeding that begins with arraignment. The location of the arraignment depends on the severity of the charge and where the arrest occurred. Most first-offense DWI cases are misdemeanors and will be arraigned in the town or village court with jurisdiction over the arrest location—for example, the Town of Olean Court, City of Salamanca Court, or Town of Ellicottville Court. Felony DWI charges, such as repeat offenses or aggravated DWI with a prior conviction, are arraigned in Cattaraugus County Supreme Court in Little Valley before a New York Supreme Court Justice.

At the arraignment, the judge will ensure you understand the charges and your rights, including the right to an attorney. You are not required to have counsel at arraignment, but having an attorney present can significantly affect how the proceeding unfolds. Your attorney can address bail, discuss a potential plea, and begin to build the record for future motions. If you do not have an attorney, the court will give you time to retain one or, if you qualify, assign a public defender. The judge will then take your plea. A not-guilty plea preserves all defenses and leads to a series of pretrial conferences and, if necessary, a trial. A guilty or no-contest plea results in sentencing, which may include fines, license revocation, and even jail time depending on the charge and your record.

Frequently Asked Questions

What exactly is a DUI arraignment in New York?

An arraignment is the first formal court appearance after a DWI arrest, where the defendant is informed of the charges, advised of rights, and asked to enter a plea. In New York, arraignment must occur without unnecessary delay. The judge will also address bail or release conditions. The proceeding typically takes place within a day or two of arrest for in-custody defendants, though timing can vary based on the court’s schedule. The defendant stands before the judge, and the charges are read aloud or acknowledged by the defendant’s attorney. The plea entered at arraignment—guilty, not guilty, or no contest—sets the direction of the case.

Do I need a lawyer at the arraignment in Cattaraugus County?

You are not legally required to have a lawyer present at arraignment, but retaining counsel before or at the hearing is strongly recommended. An attorney can address bail issues, negotiate a potential plea, and ensure your rights are protected from the start. If you cannot afford a lawyer, the court will appoint a public defender if you qualify. However, given the potential consequences of a DWI conviction, including license suspension and a criminal record, consulting with an experienced defense attorney before arraignment allows you to enter the process with a plan. Call Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation.

What happens if I plead not guilty at a DUI arraignment?

Pleading not guilty preserves your right to contest the charges through pretrial motions, hearings, and a potential trial. After a not-guilty plea, the court will schedule a pretrial conference, where your attorney meets with the prosecutor to discuss the case, review evidence, and explore possible resolutions such as a negotiated plea to a lesser charge. If no resolution is reached, the case proceeds to motion practice and, if necessary, a trial before a judge or jury. Throughout this process, your attorney can challenge the constitutionality of the traffic stop, the administration of field sobriety tests, and the accuracy of chemical test results.

Can I resolve my DUI case at the arraignment?

In some limited circumstances, a DUI charge may be resolved at arraignment through a negotiated plea, but this is not common without an attorney and a full review of the evidence. In New York, prosecutors may offer a reduction to a non-criminal offense, such as driving while ability impaired (DWAI), if the facts warrant it. However, accepting a plea at arraignment without understanding the long-term consequences—including insurance rates, driver’s license points, and criminal record implications—can be risky. An experienced attorney will typically advise entering a not-guilty plea to allow time for a thorough analysis of the case.

What court handles DUI arraignments in towns like Olean and Salamanca?

Misdemeanor DWI arraignments in Cattaraugus County are typically held in the local town or village justice court where the arrest occurred; felony DWI arraignments occur in Cattaraugus County Supreme Court. For example, an arrest by the Olean City Police would likely be arraigned in Olean City Court, while an arrest by the New York State Police in the Town of Ellicottville would be arraigned in Ellicottville Town Court. Each court has its own procedures, but all follow the New York Criminal Procedure Law. The Cattaraugus County Supreme Court, located at 303 Court Street, Little Valley, NY 14755, handles all felony-level DUI cases.

What should I bring to my DUI arraignment?

You should bring all documents related to your arrest, including your ticket, appearance date notice, and any bail paperwork, as well as photo identification. If you have already retained an attorney, inform them of the court date and coordinate. If you plan to hire private counsel, bring their contact information. Dress conservatively and arrive early. While the arraignment itself is procedural, first impressions matter. The judge may consider your demeanor when setting bail or release conditions.

Will my driver’s license be suspended at arraignment?

In New York, a DWI arrest triggers an administrative license suspension that often occurs at or shortly after the arraignment. If you refused a chemical test, the Department of Motor Vehicles will suspend your license after a hearing, but the court may also issue a suspension pending prosecution. Your attorney can challenge the suspension at a DMV refusal hearing or request a conditional license that allows you to drive to work, school, or medical appointments. It is important to act quickly; deadlines for requesting a hearing are short. Contact Law Offices Of SRIS, P.C. Immediately at (888) 437-7747 to discuss your options.

What are the possible penalties for a DUI conviction in Cattaraugus County?

Penalties depend on the specific charge, your prior record, and the circumstances of the arrest. A first-offense DWI under New York Vehicle and Traffic Law § 1192 is a misdemeanor punishable by fines, a mandatory surcharge, a license revocation period, and potential jail time. A second offense is a felony with enhanced penalties. Aggravating factors, such as a high blood alcohol content or an accident, can increase the consequences. The court also imposes an ignition interlock device requirement and mandatory alcohol evaluation. Because the outcomes vary, speaking with an attorney about your particular situation is essential.

How do I find a DUI lawyer in Cattaraugus County?

You can search online for an attorney experienced in New York DWI defense and check their credentials, client reviews, and court experience in the local courts. Law Offices Of SRIS, P.C. serves clients in Cattaraugus County through our New York location. Mr. Sris, the firm’s Owner and Founder, is admitted in New York and has handled criminal defense and traffic matters since 1997. His Of Counsel team includes former prosecutors and defense attorneys with extensive trial experience. To schedule a consultation, call (888) 437-7747.

Is DUI arraignment different for out-of-state drivers?

Out-of-state drivers arrested for DWI in Cattaraugus County face the same New York court process as residents, but the administrative consequences often involve their home state’s licensing agency under the Interstate Driver License Compact. The arraignment itself is not different, but additional complications can arise regarding license suspension reciprocity and travel requirements for court appearances. An attorney familiar with New York DWI law and interstate compact issues can help minimize the impact on your driving privileges at home. The firm represents out-of-state drivers and can handle many matters without your presence after the initial appearance.

What happens after arraignment if I plead not guilty?

After a not-guilty plea, the court will set a date for a pretrial conference, where your attorney and the prosecutor discuss possible resolutions. Discovery is exchanged; police reports, chemical test results, and any video evidence are provided. Your attorney can file motions to suppress evidence if constitutional violations occurred. If no plea agreement is reached, the case is scheduled for trial. Throughout this process, the court may address license status, bail modifications, and compliance with any conditions of release. The timeline varies by court calendar and case complexity.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense and traffic law since 1997. Admitted in New York, Virginia, Maryland, the District of Columbia, and New Jersey, Mr. Sris brings multi-jurisdictional insight to DWI defense. He is a former prosecutor who understands how law enforcement builds a DUI case. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Together with his Of Counsel team, which includes attorneys with extensive litigation backgrounds, the firm provides experienced representation at DUI arraignments and throughout the criminal process in Cattaraugus County. For a consultation, call (888) 437-7747.

Last reviewed: July 2026

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.