What happens at a DUI arraignment in Virginia
When a person is arrested for driving under the influence in Virginia, the first mandatory court appearance after arrest and bail is the arraignment. At this hearing, the defendant stands before a General District Court judge to hear the formal charge and enter a plea. The arraignment is not a trial—it does not determine guilt—but it sets the stage for everything that follows. Understanding what happens, what is expected of you, and why an experienced attorney at your side makes a difference is the first step toward protecting your rights. If you have an arraignment coming up, reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss how Mr. Sris and his Of Counsel can help. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Your DUI arraignment step by step
The arraignment is the first formal court appearance after a DUI arrest. The defendant appears before a judge in the General District Court serving the jurisdiction where the stop or arrest occurred. At this stage, several things happen in order. First, the judge or clerk reads the charge aloud—typically a violation of Virginia Code § 18.2-266—and confirms the defendant’s identity. Second, the judge asks the defendant to enter a plea: guilty, not guilty, or nolo contendere. Third, the judge reviews bail conditions, which may include restrictions on driving or alcohol consumption. Finally, if a not-guilty plea is entered, the judge sets a date for a bench trial and, if needed, appoints counsel.
In Virginia, DUI cases do not go to a jury at the General District Court level. All trials are bench trials before a judge. The defendant has the right to counsel, the right to remain silent, and the right to present evidence. Even at this early stage, having an attorney who understands the prosecutor’s approach and the court’s expectations can influence how bail conditions are set and how the case proceeds. Mr. Sris, a former prosecutor, and his Of Counsel team routinely appear at arraignments across Virginia’s General District Courts and work to ensure a fair process from the start.
Pleading at the arraignment
At a Virginia DUI arraignment, the defendant has three plea options. A not guilty plea preserves all defenses and moves the case to a trial date. A guilty plea results in the judge either sentencing immediately or setting the case for a sentencing hearing, depending on the court’s calendar. A nolo contendere (no contest) plea has a similar effect to a guilty plea for sentencing purposes but may limit the use of the plea in subsequent civil proceedings. In any case, a defendant should never enter a guilty plea without first speaking with an attorney about the possible consequences, which can include jail time, license suspension, fines, and a criminal record.
Because a DUI first offense is a Class 1 misdemeanor in Virginia, the maximum possible penalty includes up to 12 months in jail, a fine, and a 12-month driver’s license suspension. The judge has wide discretion within that range. A defendant who pleads guilty at arraignment without counsel risks accepting a sentence that could have been reduced through negotiation, a not-guilty trial, or a deferred disposition. Mr. Sris and his Of Counsel routinely appear at Virginia arraignments to advise clients on the most appropriate plea for their circumstances.
A first-offense DUI in Virginia is a Class 1 misdemeanor punishable by up to 12 months in jail, a fine, and a license suspension of 12 months.
Source: Va. Code § 18.2-270. Virginia Code § 18.2-270
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
What happens after the arraignment
After a not-guilty plea is entered, the judge will set a date for the trial. In most Virginia General District Courts, the trial will be scheduled within several months, depending on the court’s docket. The defendant and their attorney will have time to gather evidence, review the Commonwealth’s discovery, file pretrial motions, and discuss possible resolutions with the prosecutor. In many DUI cases, the possibility of a reduction to a lesser charge, such as reckless driving or improper driving, may be explored through negotiations with the Commonwealth’s Attorney.
If the defendant fails to appear at the arraignment or any subsequent hearing, the court may issue a capias for the defendant’s arrest and revoke bond. It is critical to have an attorney who monitors all court dates and ensures compliance with all conditions of release. Mr. Sris and his Of Counsel coordinate with clients to keep them informed and prepared for each stage of the proceeding.
Frequently Asked Questions
Do I have to go to the arraignment in person for a DUI in Virginia?
In most Virginia General District Courts, the defendant must appear in person for a DUI arraignment unless the court has granted prior permission for representation by counsel with a waiver of appearance. Because a DUI charge is a criminal offense, the court requires the defendant’s presence to advise them of the charge and accept a plea. Discuss your specific court’s procedures with your attorney as early as possible.
What should I bring to my DUI arraignment in Virginia?
Bring a valid government-issued photo identification, any court documents you received at the time of your arrest, and your attorney’s contact information. You should also bring any paperwork related to prior traffic or criminal records, as the judge may ask about your history during the bail review. Plan to arrive at the courthouse at least 30 minutes before the scheduled time to find parking and go through security.
Can I plead not guilty at my DUI arraignment and change my plea later?
Yes, in Virginia you can plead not guilty at the arraignment and later change your plea to guilty or no contest after further review of the evidence and discussions with the prosecutor. A not-guilty plea preserves your right to a trial while your attorney investigates the case. Many defendants initially plead not guilty and later negotiate a resolution before the trial date.
What happens if I plead guilty at the arraignment?
If you plead guilty at a Virginia DUI arraignment, the judge may sentence you immediately or set a separate sentencing hearing, depending on the court’s practice and the complexity of the case. The judge will consider your driving record, any prior DUI convictions, the circumstances of the arrest, and your personal background. Immediate sentencing is more likely in less congested courts, but the judge may order a presentence report in some cases. Always consult an attorney before entering a plea.
Can the judge set bond conditions at the arraignment?
Yes, the judge can set or modify bond conditions at a DUI arraignment, including restricting driving privileges, requiring alcohol monitoring, or ordering you to attend substance-abuse programs. The judge reviews the circumstances of the arrest, any prior record, and your ties to the community. An attorney can advocate for reasonable conditions and present your background to the court.
What if I cannot afford an attorney for my DUI arraignment?
If you cannot afford an attorney, the judge will ask about your financial situation at or before the arraignment and may appoint a public defender if you qualify or, in certain courts, appoint private counsel from a court-appointed list. You should complete any application for court-appointed counsel as soon as possible. However, many defendants choose to retain private counsel to obtain a more dedicated legal defense. Mr. Sris and his Of Counsel offer consultations by appointment at (888) 437-7747.
How long after a DUI arrest does the arraignment take place in Virginia?
The arraignment usually takes place within a few weeks of the arrest, depending on the court’s docket and how quickly the charging documents are filed. In some jurisdictions, the arraignment may be combined with the first court date listed on the summons. Your attorney can obtain the exact date from the court clerk’s office.
Is a DUI arraignment the same as a trial?
No, a DUI arraignment is not a trial—it is the initial appearance where you are informed of the charge and enter a plea. Witnesses do not testify, and the prosecutor does not present evidence at the arraignment. The trial is a separate hearing scheduled after a not-guilty plea.
What happens if I miss my DUI arraignment in Virginia?
If you miss your arraignment, the judge may issue a capias for your arrest, revoke your bond, and order that you be taken into custody. To avoid serious consequences, contact your attorney immediately if you cannot appear. In some situations, the attorney may be able to explain the absence to the court and request a new date.
Can the prosecutor dismiss the DUI charge at the arraignment?
It is uncommon for a DUI charge to be dismissed at the arraignment; however, if the prosecution determines that the evidence is insufficient or the arresting officer is not present, they may move to nolle prosequi the charge. While dismissal at this stage is rare, an attorney can review the case before the arraignment and present any initial concerns to the prosecutor. For a case-specific evaluation, contact Mr. Sris and his Of Counsel at (888) 437-7747.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing since 1997. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, he represents clients facing DUI charges across all Virginia courts. His background includes experience as a former prosecutor, giving him insight into how the Commonwealth builds its cases and how to approach each stage of a DUI proceeding, from arraignment through trial. Mr. Sris keeps a personal caseload to remain directly involved, working alongside his Of Counsel team—every attorney in the group has over a decade of practice experience—to provide thorough and attentive defense for each client.
Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). This legislative experience underscores his commitment to Virginia law and his ability to navigate the legal system’s nuances. The firm’s Virginia locations by appointment serve clients statewide; reach the office at (888) 437-7747 to schedule a consultation.
Related Virginia traffic defense resources: Traffic defense overview | Virginia DUI defense | Reckless driving defense | Breath test refusal representation
Official Virginia legal sources: Virginia Code Title 18.2 (Crimes and Offenses) | Virginia Judicial System
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