What happens at a DUI arraignment in Henrico County

If you have been charged with driving under the influence in Henrico County, your first court appearance – the arraignment – is a critical moment. At this hearing, held at the Henrico County General District Court, the judge will formally read the charge against you and ask how you would like to plead. A DUI in Virginia is a Class 1 misdemeanor under Va. Code § 18.2-270, carrying the possibility of up to 12 months in jail, a fine of up to $2,500, and a 12-month license suspension. What you say at the arraignment can have lasting consequences, which is why experienced legal guidance is important from the outset. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. represent individuals facing DUI charges throughout Henrico County. Call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What to expect at your DUI arraignment in Henrico County General District Court

A DUI arraignment is the first time you appear before a judge after being arrested. In Henrico County, misdemeanor DUI cases begin in the General District Court at 4301 East Parham Road. When your case is called, the judge will advise you of the specific charge under Virginia law, often citing Va. Code § 18.2-266, and will confirm that you understand your rights – including the right to an attorney and the right to a trial. The judge then asks how you plead: guilty, not guilty, or nolo contendere. If you plead not guilty, the court will set a trial date. If you plead guilty, the judge may proceed to sentencing immediately or set a separate sentencing hearing. The judge may also review bond conditions and could modify them based on the circumstances.

Your behavior and legal strategy at the arraignment matter. While you are not required to have a lawyer present, a DUI conviction can result in jail time, a criminal record, and a driver’s license suspension. Mr. Sris and his Of Counsel team can attend the arraignment with you, advise on the appropriate plea, argue for reasonable bond terms, and begin building your defense. Henrico County General District Court follows standard Virginia procedural rules; however, each judge manages the docket differently. Being represented by an experienced defense team helps ensure you do not inadvertently waive important rights during this first appearance.

Frequently asked questions about DUI arraignments in Henrico County

What is a DUI arraignment in Virginia?

A DUI arraignment is the first formal court hearing after a DUI arrest, where the judge reads the charge and asks the defendant to enter a plea. The purpose is to ensure the defendant knows exactly what they are accused of and understands their rights. It is a procedural step, not a trial. In Virginia, arraignments typically occur in General District Court for misdemeanor offenses and Circuit Court for felony charges. At the arraignment, the judge also addresses issues like bond and appointment of counsel if the defendant cannot afford a lawyer. It is the starting point for the court case, and the plea entered can shape the direction of the proceedings.

When does the arraignment happen after a DUI arrest in Henrico County?

Your arraignment will be scheduled shortly after you are arrested and released or held on bond; the court notifies you of the date and time. In Henrico County, first court dates are generally set by the magistrate or the court clerk’s office following the arrest. The exact timing varies depending on when the arresting agency files the paperwork with the court. You will receive a summons or bond papers that state the court date. It is important to appear on that date because failing to appear can result in a new criminal charge and a bench warrant. If you have hired an attorney, you should inform them of the date immediately so they can prepare to appear with you.

Do I need a lawyer at my DUI arraignment?

You are not legally required to have a lawyer, but having one present is strongly advisable because your plea and bond conditions can impact the rest of your case. A lawyer can speak on your behalf, advise whether to plead not guilty, and negotiate with the prosecutor regarding bond or future proceedings. Even a seemingly routine arraignment can trigger legal consequences – like admission of certain facts or waiver of rights – that a lawyer can help you avoid. Mr. Sris and his Of Counsel team routinely appear at Henrico County General District Court for DUI arraignments, and their presence can give you a clearer picture of what to expect and how to protect your interests.

What plea should I enter at the arraignment?

In most DUI cases, entering a plea of not guilty at the arraignment is the typical practice, because it preserves your right to review the evidence and negotiate with the prosecutor later. Pleading guilty or nolo contendere immediately can result in sentencing on the spot, without the opportunity to investigate breath test calibration records, police reports, or other procedural defenses. Your attorney can help determine the most strategic plea based on the facts. Even if you believe you were at fault, it is often wise to first understand the full strength of the evidence against you before deciding how to plead.

Can the judge set bail at the arraignment?

Yes, the judge can address bond conditions at the arraignment, including setting, modifying, or revoking bail. If you were released on a summons or bond before your court date, the judge will review those conditions and may keep them in place or adjust them. The court considers factors such as ties to the community, prior criminal record, and the nature of the alleged offense. An experienced attorney can argue for reasonable bond conditions and may request release on your own recognizance when appropriate. If the judge raises concerns about community safety or flight risk, your lawyer can present mitigating information.

What happens if I plead guilty at the arraignment?

If you plead guilty, the judge may accept the plea and proceed to sentencing immediately, or set a later date for sentencing and order a pre‑sentence report. For a first‑offense DUI, penalties can include jail time, fines, and a driver’s license suspension of 12 months. A guilty plea waives your right to a trial and any challenges to the evidence. Before entering such a plea, you should understand the full consequences, including how a conviction might affect your employment, driving privileges, and insurance. Speaking with a lawyer before making a plea helps ensure you are making an informed decision.

What is the difference between a DUI arraignment in General District Court and Circuit Court?

Most first‑offense DUI cases are arraigned in the General District Court; if the charge is a felony or you appeal a GDC conviction, the arraignment will occur in Henrico County Circuit Court. In Circuit Court, a grand jury will first need to return an indictment, after which an arraignment is scheduled. The Circuit Court process is more formal and typically involves greater procedural complexity. General District Court handles the majority of DUI cases; however, if your prior record or an elevated charge moves the case to Circuit Court, Mr. Sris and his Of Counsel team handle cases at both court levels.

Will my driver’s license be suspended at the arraignment?

The arraignment itself does not automatically result in a license suspension, but a conviction for DUI will trigger a suspension by the Virginia Department of Motor Vehicles. Additionally, if you refused a breath test or had a preliminary breath test result above the legal limit, an administrative license suspension may already be in effect separate from the court case. During the arraignment, the judge will not take your driver’s license, but the outcome of your case can lead to mandatory suspension. An attorney can explain your options for a restricted license if you are eligible.

What should I bring to my arraignment?

Bring your photo ID, any paperwork you received from the police or the magistrate, and contact information for witnesses or evidence you want your attorney to see. Dress appropriately for court and arrive early to find parking and go through security. If you have retained a lawyer, bring their name and phone number. If you cannot afford a lawyer, you can ask the judge at the arraignment to appoint a public defender. Having all relevant documents with you helps your lawyer evaluate the case more efficiently from the very first appearance.

Can I continue my arraignment to a later date?

Yes, you or your attorney can request a continuance, though you must appear on the originally scheduled date unless the court grants the request beforehand. A continuance may be appropriate if you have just retained counsel and they need time to prepare, or if you have a legitimate scheduling conflict. The judge has discretion to grant or deny the request. Repeated requests for continuances without good cause can be viewed unfavorably by the court. Your attorney can make the request in writing or orally at the scheduled hearing and can explain to the judge why more time is needed.

About Mr. Sris and his Of Counsel team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997 and is a former prosecutor. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His Of Counsel team collaborates on DUI and traffic defense matters in Henrico County and throughout Virginia. Mr. Sris and his Of Counsel bring extensive combined legal experience to every case. Results may vary. Contact the firm at (888) 437-7747 to discuss your DUI arraignment or any pending charge.

Review additional traffic defense resources: Chesterfield County Traffic Lawyer | Hanover County Traffic Lawyer | Fairfax County Traffic Lawyer

Virginia Code Title 18.2: Va. Code Title 18.2 – Crimes and Offenses Generally | Henrico County Courts: Henrico County General District Court

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.

Case results depend on a variety of factors unique to each case.