What happens at a DUI arraignment in Chemung County

If you have been charged with driving while intoxicated in Chemung County, the first court appearance you will attend is an arraignment. At that hearing, the judge will read the formal charges against you, ask you to enter a plea, and decide the conditions of your release while the case proceeds. Having an experienced attorney present can make an important difference in how your case moves forward from the very first hearing. Law Offices Of SRIS, P.C. represents clients at DUI arraignments throughout Chemung County. To speak with Mr. Sris and his Of Counsel about your situation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What a DUI arraignment looks like in Chemung County

The arraignment is the starting point of a DUI case in New York. For a misdemeanor DWI under N.Y. Vehicle and Traffic Law § 1192, the arraignment typically takes place in the local justice court of the town or village where the arrest occurred—such as the Town of Chemung Court, Town of Horseheads Court, or City of Elmira Court. For a felony DWI, or when a felony charge accompanies the DWI, the arraignment is held in Chemung County Court.

At the arraignment, the judge will inform you of the specific charges and your legal rights, including the right to an attorney. You will be asked to enter a plea. In most cases, a plea of not guilty is entered at this stage to preserve your right to challenge the evidence. The court will also address bail—whether you are released on your own recognizance, set bail, or detained. The judge will then schedule the next court date. Having counsel at this early stage allows you to raise any bail arguments, begin discussing the strengths and weaknesses of the prosecution’s case, and ensure that no critical deadlines are missed.

Frequently Asked Questions

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

You have the right to have an attorney present at your arraignment, and doing so can help protect your interests from the very start of your case. At an arraignment, the prosecution may indicate the strength of the evidence, including breath test results or field sobriety test outcomes. An experienced defense attorney can evaluate that information, raise any immediate bail arguments, and begin mapping out a defense strategy. Going to an arraignment without counsel carries the risk of missing opportunities that may not be available later.

What plea should I enter at a DUI arraignment?

In nearly every DUI case, an attorney will advise entering a plea of not guilty at the arraignment. A not guilty plea preserves your right to challenge the evidence, including the legality of the traffic stop, the accuracy of chemical test results, and whether the prosecution can meet its burden of proof. Entering a guilty plea at the arraignment wraps up the case immediately but leaves you with no opportunity to explore potential defenses or negotiate a more favorable resolution. The not guilty plea is not an admission of anything—it is the standard procedural step that keeps all options open.

Can I get bail at my DUI arraignment in Chemung County?

Whether you are released, held on bail, or detained at your arraignment depends on the specific charge, your criminal history, and the judge’s assessment of flight risk and public safety. For most first-offense misdemeanor DWI arrests in Chemung County, the court is likely to release the defendant on recognizance, meaning no cash bail is required, with a promise to return for future court dates. If the charge is a felony, or if there are prior convictions or other aggravating factors, the court may set cash bail or impose supervised release conditions. An attorney can present arguments for the least restrictive conditions.

What happens after the arraignment in a Chemung County DUI case?

The judge will set a date for the next court appearance, typically a pre-trial conference, where your attorney and the prosecutor discuss the case and explore any possible resolution. Between the arraignment and that next date, your attorney will obtain discovery—the police reports, chemical test records, dashboard camera footage, and any other evidence the prosecution intends to use. Your attorney may also file motions, such as a motion to suppress evidence if there were issues with the traffic stop or the testing procedures. The case then proceeds through additional court dates, which could lead to a negotiated plea, a trial, or a dismissal.

How can an attorney help at the arraignment itself?

An attorney can challenge the prosecution’s initial bail request, negotiate for your release on recognizance, and begin laying the groundwork for your defense even in those first few minutes in court. At the arraignment, the prosecution may share basic facts about the arrest, such as the breath test reading or the officer’s observations. An experienced DUI attorney can immediately identify potential weaknesses—for example, if the traffic stop lacked reasonable suspicion or the breath test machine had calibration issues. Addressing those issues early can shape how actively the case is handled later.

What penalties could I face for a DUI conviction in New York?

Under New York law, a first-offense DWI is a misdemeanor that can result in a fine, a driver’s license suspension, and possible jail time. The specific sentence depends on factors including your blood alcohol content, whether any accident occurred, and your prior record. A conviction also triggers mandatory surcharges and a driver responsibility assessment. For more serious charges—such as aggravated DWI (BAC of 0.18 or higher) or felony DWI—the potential penalties increase significantly. An attorney can explain the exposure in your particular case and work to pursue the most favorable outcome.

Can a DUI charge be reduced or dismissed at arraignment?

While it is uncommon for a DUI charge to be dismissed at the arraignment itself, the arraignment begins the process in which your attorney can later seek a reduction or dismissal. Sometimes the prosecutor may recognize evidentiary problems early and offer to reduce the charge to a non-criminal traffic infraction, such as driving while ability impaired (DWAI), but that typically happens at a later hearing, not at the first appearance. Having a prepared attorney at the arraignment signals to the prosecution that you intend to challenge the case seriously, which can influence later negotiations.

What if I missed my arraignment date in Chemung County?

If you fail to appear at your scheduled arraignment, the court may issue a bench warrant for your arrest, and your driver’s license could be suspended. It is important to contact an attorney immediately if you missed a court date—there may be steps you can take to address the failure to appear and get the warrant lifted. Acting quickly can reduce the risk of additional charges or prolonged license issues. An attorney can contact the court on your behalf and work to get your case back on track.

Last reviewed: July 2026

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced in New York and across the mid‑Atlantic since 1997. He and his Of Counsel team bring extensive combined legal experience to DUI defense in Chemung County and throughout the state. Results may vary. To discuss your DUI arraignment with Mr. Sris and his Of Counsel, call (888) 437-7747.

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