If you were arrested for DWI in Suffolk County last night, your arraignment is coming up fast. For most people, it is their first time standing in a courtroom, and they have no idea what is about to happen. I have been through this process hundreds of times on behalf of clients in Central Islip, Riverhead, East Hampton, Southampton, and every town justice court in between. Let me walk you through exactly what to expect.
An arraignment is your first formal court appearance after an arrest. The judge reads the charges against you, you enter a plea, and the court addresses your release conditions. In a DWI case in Suffolk County, there are also license consequences that get triggered at this appearance, which is why what happens in the first few minutes matters enormously.
Most first-offense DWI arraignments in Suffolk County take place in a local town or village justice court within 24 to 48 hours of your arrest, sometimes the same day. If your case involves a felony charge, you will be arraigned in Suffolk County Court in Riverhead instead.
This is the part that catches most people off guard. If you took the breathalyzer and your BAC came back at .08 or higher, the judge is required under New York law to suspend your license right there at arraignment. It is called a suspension pending prosecution, and it has nothing to do with guilt or innocence. It happens automatically once the court sees a chemical test result at or above the legal limit.
There are two things I do immediately at this point. First, I apply for a hardship privilege at arraignment, which allows you to drive to and from work, school, and medical appointments during the suspension period. In most cases I can get the hardship privilege in place within about a week. Second, after 30 days from the date of arraignment, you become eligible to apply directly to the DMV for a conditional license, which allows you to drive during designated hours while your case is still pending. I handle both of these for you. Most people do not know these options exist. I move on them from day one.
If you refused the chemical test, your license gets suspended at arraignment automatically. You do not need to request a hearing — the court schedules a DMV refusal hearing on its own. Your license will be held pending the outcome of that hearing, which gets scheduled for a future date. The refusal proceeding runs completely independent of your criminal case, meaning the DMV can revoke your license even if you are ultimately found not guilty in criminal court.
The 15-day mark is still critical, but for a different reason — that is the point at which the automatic suspension locks in and your license is formally held pending the refusal hearing. Getting me involved before that date gives us the best opportunity to prepare your refusal defense and understand exactly what the DMV proceeding is going to look like.
In virtually every DWI case, you plead not guilty at arraignment. This is true even if the facts look difficult, even if the BAC reading was high. A not guilty plea preserves all of your options. It gives me time to review the evidence, identify legal issues with the stop or the testing, and assess what the prosecution actually has. Pleading guilty at arraignment gives up everything before the defense has even started.
Prosecutors in Suffolk County do not make their best offers at arraignment. The first offer, if there is one at all, almost never reflects what the case is actually worth. The real negotiation happens later, after discovery comes in and both sides know what the evidence looks like.
You do not have to say a word in court beyond what I instruct you to say. My job is to stand next to you, enter your not guilty plea, protect your rights, and advocate forcefully on your behalf from the first moment we walk into that courtroom. I will have already prepared you fully for what is going to happen so there are no surprises. You will know exactly what the judge is going to say, exactly how we are going to respond, and exactly what comes next. Walking into an arraignment prepared and represented is a completely different experience from walking in alone.
While you are focused on getting through the appearance, I am doing several things at once. I am reviewing the accusatory instrument for facial sufficiency problems. I am evaluating whether the stop was properly documented. I am looking at whether the chemical test was administered correctly and whether the results were properly filed with the court. If there are issues, I raise them immediately. Some arraignment judges in Suffolk County will dismiss a charge on the spot if the paperwork is defective. It does not happen often, but it happens, and you cannot raise it if you are not looking for it.
I am also making the application for your driving privileges right there at the arraignment, so you are not sitting without a license any longer than necessary. And I will make sure you understand what comes next: the pre-trial hearings, the discovery process, what the prosecution has to turn over, and what our defense strategy is going to look like going forward.
Your case gets adjourned to a future date, usually a few weeks out. That next appearance will typically involve scheduling pre-trial hearings, including a Huntley/Dunaway hearing to address any statements you made to police and a Mapp hearing if there are suppression issues with the stop. In the meantime, discovery demands get filed and the prosecution begins turning over evidence including police reports, body cam footage, breathalyzer calibration records, and officer notes.
This is the phase where cases are won and lost. The arraignment sets the stage. Everything that happens after it depends on how aggressively your lawyer works the discovery and the motion practice.
Call me before your arraignment if at all possible. If your arraignment is tomorrow morning and you are reading this tonight, call me now. My cell number is (631) 265-1052. The earlier I get involved, the more I can do for you, starting with protecting your driving privileges at your very first court appearance.
I have been handling DWI arraignments in Suffolk County courts for 31 years. I know what to look for and I know how to protect you from the moment the case begins.