What happens at a DUI arraignment in Virginia Beach
You were driving along Shore Drive in Virginia Beach when blue lights appeared in your rearview mirror. After a field sobriety test and a breath test, you received a summons charging you with driving under the influence. Now you are holding a piece of paper telling you to appear in Virginia Beach General District Court for an arraignment. Many people feel anxious at this point, uncertain what to expect and what they should say. The arraignment is the first formal court event in a DUI case. Understanding what happens there and how the choices you make can affect the rest of your case is important. We explain the process below. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Strategy options before your DUI arraignment
Before the arraignment date arrives, you can take several steps that may influence how the case proceeds. You are not required to attend the arraignment alone. Many people choose to hire a lawyer before the hearing so that counsel can appear on their behalf or accompany them. By having an attorney involved early, you can often waive formal reading of the charge and streamline the proceeding. Counsel may also discuss the case with the Commonwealth’s Attorney in advance to explore whether any issues can be resolved without a contested hearing.
Virginia allows plea bargaining under Rule 3A:8 of the Rules of the Supreme Court. While the judge is not a party to negotiations, the prosecutor and your attorney may discuss a resolution that avoids trial. A lawyer can also begin gathering evidence right away, such as video from the traffic stop or calibration records for the breath-test device. Starting this work before the arraignment can put you in a stronger position.
If you have not yet arranged for representation, you can still appear at the arraignment and request time to hire counsel. The judge will typically continue the case to a later date. However, it is generally more efficient to have an attorney in place when the arraignment takes place. For DUI matters in Virginia Beach, Law Offices Of SRIS, P.C. Concentrates part of its practice on traffic defense and appears regularly at the Virginia Beach General District Court.
What to expect at the DUI arraignment in Virginia Beach
The Virginia Beach General District Court, located at 2425 Nimmo Parkway, Building 10B, handles DUI arraignments along with other misdemeanor traffic offenses. When you arrive, you will check in with the court clerk and wait for your case to be called. The judge will read the charge aloud or, if you are represented, counsel may waive formal reading. You will then be asked to enter a plea of guilty, not guilty, or, in some circumstances, nolo contendere. Most people plead not guilty at this stage to preserve all legal options.
If you plead not guilty, the judge will set a date for a trial, often called a bench trial because DUI cases in Virginia are tried before a judge without a jury. The court will also address any bond conditions or driver’s license issues. For a first-offense DUI, the court may allow you to remain on your own recognizance. However, if there are aggravating factors such as a prior record or a very high blood alcohol content, the judge may impose supervised release conditions or require an ignition interlock device pending trial. After the arraignment, you will receive a new court date. The entire hearing usually lasts only a few minutes per case unless contested issues arise.
Penalties you face for a DUI conviction
Virginia treats driving under the influence as a Class 1 misdemeanor. A conviction can result in incarceration, substantial fines, and a driver’s license suspension. The court may also order attendance at the Virginia Alcohol Safety Action Program (VASAP), community service, and installation of an ignition interlock device. In addition to criminal penalties, a DUI conviction carries six demerit points on your driving record from the Virginia Department of Motor Vehicles and can cause your automobile insurance premiums to increase significantly.
Because the consequences extend well beyond a courtroom, it is important to take every procedural step seriously. Even the plea you enter at arraignment can affect whether the Commonwealth later offers a favorable resolution. An experienced defense attorney can help you evaluate the strength of the evidence against you and advise on the trusted course of action. Whether you decide to go to trial, negotiate a plea, or challenge the legality of the traffic stop, the choices begin at arraignment.
To discuss the specifics of your DUI matter with our firm, call Law Offices Of SRIS, P.C. at (888) 437-7747.
About Mr. Sris and his Of Counsel
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with experience in criminal trial work. He founded the firm in 1997 and practices in five jurisdictions: Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results. Results may vary. The firm handles DUI defense, reckless driving, and other traffic matters in Virginia Beach and throughout Virginia. Clients connect with the team by appointment; the firm’s Richmond location is at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. Reach the firm by phone at (888) 437-7747.
Frequently asked questions about DUI arraignments in Virginia Beach
What is the purpose of a DUI arraignment?
An arraignment is the court hearing where the judge formally tells you what crime you are charged with and asks how you plead. It is not a trial. The judge will read the DUI charge or, if you already have a lawyer, counsel may waive reading. After you enter a plea, the judge sets the case for a future date or, if you plead guilty, may proceed to sentencing. For DUI cases in Virginia Beach General District Court, the arraignment is typically your first court appearance following the arrest.
Do I need to have a lawyer at the arraignment?
You are not legally required to have a lawyer, but having one can make a significant difference in how the case unfolds. An attorney can appear on your behalf, waive the reading of the charge, and discuss the case with the prosecutor before the hearing even begins. If you do not have a lawyer, the judge will ask whether you plan to hire one. You can request a continuance to find counsel. However, the decisions you make at arraignment—especially your plea—can affect the rest of your case, so informed guidance is valuable from the start.
What should I bring to my DUI arraignment?
Bring your summons or notice to appear, a photo identification, and any documents your attorney has given you. If you have completed a driver improvement clinic or any alcohol education program, bring those completion certificates. Do not bring weapons, food, or more people than necessary. Arrive early to locate the right courtroom. The Virginia Beach General District Court is at 2425 Nimmo Parkway, Building 10B. Parking is available on site. If you are represented, your attorney will usually have the case file and handle the paperwork.
Can I plead not guilty at the arraignment?
Yes, and in most DUI cases, pleading not guilty is the typical choice at this early stage. Pleading not guilty does not mean you will never resolve the case without a trial; it simply preserves your ability to challenge the evidence and negotiate with the Commonwealth’s Attorney later. A not-guilty plea leads to the setting of a trial date. Your attorney may then request discovery, file motions, and explore whether a reduction of the charge is possible. Pleading guilty at the arraignment effectively ends the case, so it is rarely done without careful thought and legal advice.
What happens if I miss my DUI arraignment in Virginia Beach?
If you do not appear for your scheduled arraignment, the judge may issue a warrant for your arrest. The court could enter a default finding against you, meaning the case moves forward without your presence. In Virginia, a DUI charge is a criminal matter, and failure to appear is treated seriously. If you realize you will miss the hearing, contact your attorney immediately. In some situations, counsel can appear on your behalf and ask the court to reset the date. If you have not yet hired a lawyer, call the clerk’s office before the hearing to explain your situation.
How can a DUI attorney help at the arraignment?
A DUI attorney can handle the technical requirements of the arraignment and begin building your defense from day one. Counsel can waive the formal reading of the charge, enter a plea on your behalf, and address any immediate bond or license issues. More importantly, the attorney can start communicating with the prosecutor. In Virginia Beach, Commonwealth’s Attorneys often discuss potential resolutions early, especially when an attorney is already involved. Your lawyer can also identify weaknesses in the case—such as whether the traffic stop was lawful—and preserve them for later challenge.
Will the judge address my driver’s license at the arraignment?
Yes, the judge may impose restrictions on your driving privileges at the arraignment. For a DUI arrest, the Virginia Department of Motor Vehicles may have already suspended your license administratively for a refusal to take a chemical test or for a blood alcohol content above a certain level. At the arraignment, the court can address whether any additional restrictions apply or whether you are eligible for a restricted license pending trial. Your attorney can argue for the least restrictive conditions, such as a work-related driving permit, if you qualify.
What happens after the arraignment?
After you plead not guilty, the court will set a date for a bench trial in the Virginia Beach General District Court. Between the arraignment and trial, your attorney will review the evidence, file any necessary motions, and talk with the Commonwealth’s Attorney. You may also attend any required alcohol education or treatment programs. If the parties reach an agreement, the case can be resolved before trial. If not, the matter proceeds to a trial where a judge hears the evidence and decides the outcome. Throughout this timeline, you can stay in touch with your lawyer and prepare for what comes next.
For a more detailed review of Virginia DUI statutes, see our comprehensive analysis on our traffic law page.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. By appointment only. Our Richmond location serves clients in Virginia Beach and the surrounding communities.
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225
(888) 437-7747
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