What happens at a DUI arraignment in Manassas
An arraignment is the first scheduled court appearance after a DUI arrest in Manassas. At that hearing, which takes place before a judge in the Manassas General District Court at 9311 Lee Avenue, Suite 230, Manassas, Virginia 20110, the court formally advises you of the charge, explains certain legal rights, and asks how you plead. The arraignment is not a trial; evidence is not presented and witnesses are not called. What happens at this initial hearing can shape the path of your case, and showing up without experienced counsel is a significant risk. Mr. Sris and his Of Counsel team handle DUI matters throughout Northern Virginia and can guide you through this process. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What to expect at your DUI arraignment in Manassas
DUI is a criminal offense in Virginia, classified as a Class 1 misdemeanor under Va. Code § 18.2‑266. The first appearance in a DUI case is handled in the General District Court. The judge begins by confirming your identity and reading the charge—driving under the influence in violation of § 18.2‑266. You will then be advised of certain rights: the right to be represented by counsel, the right to a trial, the right to confront witnesses, and the right against self-incrimination. If you do not already have a lawyer, the judge will ask whether you intend to hire one or whether you need court-appointed counsel, subject to financial eligibility requirements.
After rights are explained, the judge asks how you plead. You may plead guilty, not guilty, or, in some cases, nolo contendere (no contest). Most DUI defendants plead not guilty at arraignment to preserve all legal options. The judge will then set a date for a trial or a preliminary hearing, depending on whether the charge remains in the General District Court or is certified to the Circuit Court. In Manassas, the Commonwealth’s Attorney prosecutes DUI cases. The arraignment is also when bail or release conditions may be addressed. DUI defendants are generally released on a personal recognizance bond or a secured bond, with conditions such as refraining from alcohol and, in some cases, ignition interlock requirements. The court does not adjudicate guilt at this stage.
Because DUI is a criminal charge, a conviction can result in jail time, a fine, license suspension, and a permanent criminal record. Under Va. Code § 18.2‑270, penalties for a first-offense DUI include a mandatory minimum fine and a license suspension of 12 months. The maximum possible sentence is 12 months in jail and a fine. The specific punishment depends on factors such as blood-alcohol concentration, any prior record, and whether an accident occurred. Mr. Sris and his Of Counsel help clients navigate the arraignment and build a defense strategy from the first appearance.
A first-offense DUI in Virginia is a Class 1 misdemeanor punishable by up to 12 months in jail, a $2,500 fine, a minimum mandatory fine of $250, and a 12-month license suspension.
Source: Va. Code § 18.2‑270. Virginia Code § 18.2‑270
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Frequently Asked Questions
Do I need a lawyer for a DUI arraignment in Manassas?
Yes, you should have an experienced DUI defense lawyer represent you at your arraignment in Manassas General District Court. While you are not legally required to retain counsel, proceeding without a lawyer puts you at a significant disadvantage. The arraignment sets the tone for the entire case. An attorney can advise you on the plea, argue for favorable release conditions, and begin evaluating the evidence immediately. The Commonwealth’s Attorney will have a prosecutor present; you should not face that alone. Mr. Sris and his Of Counsel appear regularly in Manassas courts and understand local procedures. To discuss your upcoming arraignment, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What happens if I plead not guilty at my arraignment?
If you plead not guilty at your DUI arraignment in Manassas, the judge will set your case for a trial date in the General District Court. In a DUI case, a trial is a bench trial—decided by a judge, not a jury—unless the charge is later appealed to the Circuit Court. After a not-guilty plea, your attorney will receive the evidence the Commonwealth intends to use, including the certificate of analysis from the breath or blood test, the officer’s notes, and any dashboard-camera footage. The trial date is generally scheduled several weeks to a few months out, depending on the court’s calendar. Your lawyer can use this time to investigate the traffic stop, challenge the evidence, and negotiate with the prosecutor.
Can the judge dismiss my DUI case at the arraignment?
It is extremely rare for a DUI case to be dismissed at the arraignment stage in Manassas, but the judge can dismiss the charge if the Commonwealth’s Attorney moves to nolle prosequi or if there is a clear legal defect on the face of the charging document. The arraignment is not a forum for presenting evidence or arguing motions to suppress. Dismissal ordinarily occurs later—after a trial, after a successful motion to suppress evidence, or as part of a negotiated resolution. If you believe there was a problem with your arrest, an attorney can evaluate whether a motion to dismiss or suppress has merit and, if so, set that in motion after the arraignment.
What if I cannot afford a lawyer?
If you cannot afford a private attorney, you may request court-appointed counsel at your arraignment. The judge will ask about your financial situation and, if you qualify, appoint an attorney to represent you. However, court-appointed lawyers carry heavy caseloads, and you may not have the same level of individual case review. Mr. Sris and his Of Counsel offer consultations by appointment and can discuss fee arrangements. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to learn more about your options before your court date.
Will my driver’s license be suspended at the arraignment?
Your driver’s license is not automatically suspended at the arraignment; the license suspension is a separate administrative process handled by the Virginia Department of Motor Vehicles. If you refused a chemical test or if your breath-test result was 0.08% or higher, the DMV may have already initiated an administrative suspension. The arraignment judge does not impose the license suspension at the first hearing. However, if you are convicted of DUI, the court will order a 12-month suspension. Your attorney can explain whether you qualify for a restricted license during the suspension period.
What happens if I miss my DUI arraignment?
If you fail to appear at your Manassas DUI arraignment, the judge will likely issue a capias (a bench warrant) for your arrest, and you may face additional charges for failure to appear. The court takes missed appearances seriously, especially in a criminal case. A capias can lead to an arrest and holding without bond. If you have a legitimate reason for missing court, your attorney can contact the clerk’s office immediately to explain and attempt to have the warrant recalled. It is critical to be present or to have your attorney appear on your behalf if a personal appearance is not strictly required.
Can I change my plea after the arraignment?
Yes, you can change your plea after the arraignment, subject to approval by the court. Many DUI defendants initially plead not guilty at the arraignment while their attorney investigates the case. Later, if a favorable plea agreement is negotiated—such as a reduction to reckless driving or a dismissal of certain charges—you may enter a guilty plea at a subsequent hearing. The court will ensure the plea change is knowing and voluntary. Having a lawyer from the beginning helps you preserve the option to change your plea at the right time.
How long after the arraignment will my trial be scheduled?
The trial date for a Manassas DUI case is typically set within a few weeks to a few months after the arraignment, depending on the court’s docket. The Manassas General District Court schedules trials based on the availability of the prosecutor, the defense attorney, and the court’s calendar. Your attorney can request a date that allows sufficient time to review the evidence and file any necessary motions. If the case involves a felony DUI (third or subsequent offense or DUI resulting in injury), the matter will be certified to the Circuit Court, which typically has a longer timeline.
Do I have to say anything at my arraignment?
Generally, you are not required to say anything at your arraignment beyond confirming your identity and entering a plea. The judge may ask whether you understand the charges and your rights, and you can answer those questions. Anything you say about the facts of the case could be used against you later, so it is wise to let your attorney speak on your behalf. If you appear without a lawyer, the judge will still require you to enter a plea, but you should not discuss the details of your arrest with the prosecutor or the judge at this stage.
What is the difference between an arraignment and a preliminary hearing?
An arraignment is a procedural hearing where charges are read and a plea is entered; a preliminary hearing, held later, is a limited evidentiary hearing to determine whether there is probable cause to send a felony charge to the grand jury. For a standard first-offense DUI, which is a misdemeanor, there is no preliminary hearing; the case proceeds directly to trial. If the DUI charge is a felony—such as a third offense within ten years or a DUI involving serious injury—the General District Court will schedule a preliminary hearing after the arraignment. Your attorney can explain which path applies in your case.
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 practiced law since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, with 4,739+ documented results firm-wide. Results may vary. The Of Counsel team includes attorneys who are former Virginia State Troopers and former Maryland Assistant State’s Attorneys, providing a thorough understanding of how DUI cases are built and prosecuted. Together, they work to protect the rights of individuals facing DUI charges in Manassas and throughout Northern Virginia.
Related pages: Traffic defense in Fairfax County | DUI lawyer Prince William County | Manassas Park traffic defense | Fairfax City DUI representation
Virginia legal resources: Va. Code § 18.2-266 (DUI) | Manassas General District Court | Virginia Judicial System
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