What happens at a DUI arraignment in Manhattan

If you have been charged with driving while intoxicated in New York County, your first mandatory court appearance is the arraignment. This proceeding takes place in the NYC Criminal Court, located at 100 Centre Street in Manhattan. An arraignment is not a trial. It is the formal start of the criminal case. The judge reads the charges set out in the complaint, advises you of your rights, and asks how you plead. You will also learn about any conditions the court places on your release while the case moves forward. Because a DUI charge can carry serious consequences, having an experienced attorney next to you at this early stage is important. Law Offices Of SRIS, P.C. represents people facing DUI allegations in Manhattan and across the New York City area. To discuss representation at your arraignment, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Understanding the DUI Arraignment in Manhattan

The arraignment is a short, structured hearing. The judge begins by confirming your name and address. The prosecutor then hands up the accusatory instrument—usually a misdemeanor complaint charging a violation of the New York Vehicle and Traffic Law. The judge reads the charge and informs you of your right to remain silent, your right to be represented by an attorney, and your right to have a lawyer assigned if you cannot afford one. You are then asked to enter a plea. At this stage, most defendants plead not guilty, which preserves all legal defenses and sets the case for discovery and motion practice. If you plead guilty at the arraignment, the judge may impose a sentence immediately. That is why you should not make that decision without first speaking with a lawyer.

After the plea is entered, the judge decides the issue of bail. For a first-offense DUI, many individuals are released on their own recognizance. If the charge involves an accident, a high blood alcohol content, or a prior record, the judge may set bail or impose non-monetary conditions such as supervision by a pretrial services agency. The court then schedules the next date, usually for discovery compliance or hearings. Your attorney may raise issues such as a lack of probable cause for the traffic stop or request a desk appearance ticket rather than a full custodial arrest procedure. Having a lawyer present at the arraignment can meaningfully shape how your case begins.

Frequently Asked Questions

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

Pleading not guilty at a DUI arraignment in Manhattan preserves your right to challenge the prosecution’s evidence and raise legal defenses. The case will be adjourned for future dates, typically for discovery compliance, motion practice, and eventually a trial or a possible negotiated resolution. Your attorney will obtain the police reports, breath test records, and any video footage. The discovery process allows counsel to evaluate whether your rights were violated or whether the evidence supports the charge. During this time, you must comply with any release conditions set by the judge. Failing to appear at the next scheduled court date can result in a bench warrant being issued for your arrest.

Can the judge set bail at a DUI arraignment in Manhattan?

Yes, a judge in Manhattan Criminal Court may set bail at a DUI arraignment, although many first-offense DUI defendants are released on their own recognizance. Under New York law, bail is not meant to be punitive. The court considers factors such as your ties to the community, employment, prior criminal history, and whether you have previously failed to appear in court. If the charge involves an accident resulting in injury or if you have a prior felony conviction, the judge may impose cash bail or bond. Your attorney can present arguments and evidence in support of release on the least restrictive conditions.

Do I need a lawyer at my DUI arraignment?

You are not required to have a lawyer present, but it is strongly advisable to be represented by counsel at a DUI arraignment in Manhattan. The arraignment is a critical stage of the criminal proceeding. If you appear without an attorney, the court will ask whether you intend to hire private counsel or whether you want the court to appoint a public defender. You should not attempt to negotiate a plea or make statements to the judge or prosecutor without an attorney. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel appear with clients at all stages of the criminal process, beginning with the arraignment. Call (888) 437-7747 to discuss representation before your court date.

What should I bring to my DUI arraignment?

Bring your criminal court summons or desk appearance ticket, a government-issued photo identification, and enough money to cover bail or a bond premium if the judge sets bail. If you are employed, bring a recent pay stub or a letter from your employer, as it can help your attorney advocate for release on your own recognizance. Leave prohibited items such as weapons, sharp objects, and electronic devices that are not permitted in the courthouse at home. Arrive early to allow time for security screening. The court is located at 100 Centre Street in lower Manhattan.

What is the difference between DUI and DWI in New York?

In New York, the charge is commonly called driving while intoxicated (DWI), not DUI. A driver commits a DWI under New York Vehicle and Traffic Law § 1192 when they operate a motor vehicle with a blood alcohol content of 0.08 percent or higher, or while their ability is impaired by alcohol or drugs. A first-offense DWI is generally a misdemeanor. A violation of § 1192(1), driving while ability impaired by alcohol, is a traffic infraction. The specific charge affects the potential penalties and the long-term consequences. An attorney can explain the exact offense you are facing and what it means for your driving record and criminal history.

How long does a DUI case in Manhattan take from arraignment to resolution?

The timeline for a DWI case in Manhattan varies depending on the complexity of the case and the court’s calendar. After the arraignment, the prosecution must provide discovery, and the defense may file motions to suppress evidence or challenge the stop. Misdemeanor cases are supposed to be ready for trial within a matter of months, though scheduling delays are common. If the case is resolved by a plea, it may conclude sooner. Our attorneys work to move the case forward efficiently while also ensuring that every legal defense is thoroughly explored. To discuss the probable timeline for your specific situation, call (888) 437-7747.

Can a DUI charge be reduced at the arraignment?

It is unlikely that a DWI charge will be reduced or dismissed at the arraignment itself, but a skilled attorney can begin laying the groundwork for a favorable resolution. At the initial appearance, the prosecutor usually has only the bare bones of the case. As discovery unfolds, your counsel may identify issues—such as an improper traffic stop, problems with the chemical test, or a lack of evidence of actual impairment—that support a reduction to a lesser charge like driving while ability impaired (a traffic infraction) or even a dismissal. The arraignment is the first step in that process.

What if I am from out of state and am arrested for DUI in Manhattan?

An out-of-state driver charged with DWI in Manhattan must appear in court unless the judge permits a waiver of appearance by counsel. New York generally requires a defendant to appear in person for arraignment on a misdemeanor DWI. If you live far away, your attorney can sometimes arrange for a bench warrant to be stayed and for you to appear by video, or for your lawyer to appear on your behalf at future dates once the arraignment is completed. Additionally, a New York DWI conviction can trigger consequences in your home state through the interstate Driver License Compact. Our firm handles cases for out-of-state drivers and can advise you on how to manage the logistics and cross-jurisdictional effects.

What happens after the DUI arraignment?

After the arraignment, the court will adjourn the case for a control date, usually for the prosecutor to provide discovery. You must return to court on that date, or in some cases your attorney may appear for you if authorized. The next phase involves reviewing the police reports, the chemical test results, and any other evidence. Your lawyer may file motions—for example, a motion to suppress evidence for an unlawful stop or a motion to dismiss for facial insufficiency. The prosecution and defense may also engage in plea discussions. The case will eventually be scheduled for hearings and, if no resolution is reached, for trial.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has been practicing law since 1997. He is admitted to practice in New York, as well as in Virginia, Maryland, the District of Columbia, and New Jersey. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He and his Of Counsel bring extensive combined legal experience to DWI defense and traffic matters. Results may vary. The firm’s Of Counsel attorneys are not employees but are engaged through Excella. Together, the team handles cases with an eye toward protecting each client’s rights from the first court appearance through resolution. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Last reviewed: July 2026

Also serving these New York City traffic matters:
Traffic Lawyer in Manhattan |
Traffic Lawyer in Brooklyn |
Queens Traffic Attorney |
Staten Island DWI Lawyer |
Nassau County Traffic Defense

Official New York court and statute resources:
New York City Criminal Court
New York Vehicle and Traffic Law § 1192

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