What happens at a DUI arraignment in New Kent County
When you are charged with driving under the influence in New Kent County, your first court appearance is the arraignment—a brief hearing that sets the course of your case. At the arraignment in the New Kent County General District Court (12001 Courthouse Circle, New Kent, VA 23124), the judge informs you of the charge under Va. Code § 18.2-266, the possible penalties, and your right to an attorney. You then enter a plea—not guilty, guilty, or no contest. For a DUI, the judge also addresses bail or conditions of release and schedules the next hearing. Mr. Sris and his Of Counsel attend arraignments for clients throughout New Kent County, entering the plea on their behalf and handling the procedural steps so the client’s immediate priorities—such as preserving driving privileges—are protected. If you have an upcoming arraignment, reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your situation.
What Happens After the Arraignment in New Kent County DUI Cases
Once a not-guilty plea is entered, your case will proceed through the New Kent County General District Court. The next court date is typically scheduled for a bench trial or a pretrial hearing, often within four to eight weeks of the arraignment. During this time, your attorney reviews the evidence, including the police report, any chemical test results, and the circumstances of the traffic stop. Mr. Sris and his Of Counsel examine whether the officer had reasonable suspicion to stop your vehicle and probable cause to make the arrest—both of which are required to sustain a DUI charge in Virginia. If weaknesses exist in the government’s case, they may be raised through pretrial motions or presented at trial.
A first-offense DUI in Virginia is a Class 1 misdemeanor, punishable by up to twelve months in jail, a fine as provided by law, and a twelve-month license suspension. Mandatory minimum penalties apply depending on the blood alcohol concentration. The New Kent General District Court judge also has the authority to impose supervised probation, require enrollment in the Virginia Alcohol Safety Action Program, and order the installation of an ignition interlock device. Because a DUI conviction carries long-term consequences—including a permanent criminal record, six DMV demerit points, and a significant increase in insurance premiums—the period between arraignment and trial is the most critical phase for building a defense.
Frequently Asked Questions
What plea should I enter at my DUI arraignment in New Kent County?
You should plead not guilty at your DUI arraignment in New Kent County so your attorney has time to review the evidence, negotiate with the prosecutor, and prepare your defense. A not-guilty plea preserves your right to challenge the charge; if you later decide to plead guilty, you can change your plea. Entering a guilty plea at the arraignment waives your right to a trial immediately, leaving no opportunity to contest the evidence. Mr. Sris and his Of Counsel guide clients through this decision at every New Kent County DUI arraignment. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 before your court date.
Do I need a lawyer at my DUI arraignment in New Kent County?
You are not legally required to have a lawyer at your DUI arraignment, but appearing without counsel puts you at a significant disadvantage. The arraignment is the first point where your plea is entered, and an attorney can ensure the correct plea is recorded and can often handle the proceeding without your speaking. Additionally, an experienced attorney can negotiate bail or release conditions right then and there. To discuss having Mr. Sris and his Of Counsel appear on your behalf, call (888) 437-7747.
What are the penalties for a first-offense DUI in Virginia?
A first-offense DUI in Virginia is a Class 1 misdemeanor with a maximum penalty of twelve months in jail, a fine as provided by law, and a twelve-month license suspension. If your blood alcohol concentration was 0.15% or above, a mandatory minimum of five days in jail applies. The court also imposes a mandatory $250 fine, a VASAP requirement, and six DMV demerit points. Eligibility for a restricted license depends on the facts. The judge in New Kent County General District Court decides the sentence within statutory limits. Results may vary.
How long does a DUI case take in New Kent County from arraignment to trial?
The time between arraignment and bench trial in New Kent County General District Court is typically four to eight weeks, though the exact timeline depends on the court’s calendar and the complexity of the case. Some cases resolve sooner through negotiation; others may take longer if motions are filed or if the case is appealed de novo to the New Kent County Circuit Court. Mr. Sris and his Of Counsel work to move the process forward efficiently while thoroughly investigating every aspect of the stop and arrest.
What happens if I refuse a breath test in New Kent County?
If you refuse a breath test after a lawful DUI arrest in Virginia, your driver’s license will be suspended for one year under the implied-consent law (Va. Code § 18.2-268.3). A first refusal is a civil violation; a second refusal within ten years becomes a Class 2 misdemeanor. Refusal does not prevent the Commonwealth from prosecuting the DUI—prosecutors often use refusal as evidence of consciousness of guilt. Mr. Sris and his Of Counsel can challenge the validity of the refusal advisement and the lawfulness of the stop. Call (888) 437-7747 to discuss your refusal case.
Can I get a restricted license after a DUI arrest in New Kent County?
If your license is suspended for a first-offense DUI, you may be eligible for a restricted license after meeting certain conditions, but this is not automatic—you must petition the court. The judge may grant a restricted license for travel to work, school, VASAP, or medical appointments if you comply with the ignition-interlock requirement and other court-ordered terms. Mr. Sris and his Of Counsel help clients in New Kent County prepare and present restricted-license petitions at the appropriate time. Contact us to evaluate your eligibility.
What should I bring to my DUI arraignment in New Kent County?
Bring your summons, any paperwork you received at the time of your arrest, a copy of your driving record from the Virginia DMV if available, and contact information for your employer. Your attorney will use this information to address bail conditions and prepare for the defense. Do not discuss the facts of your case with anyone except your lawyer. Mr. Sris and his Of Counsel will advise you on the specific documents you need for your New Kent County court appearance. For guidance, call (888) 437-7747.
Who sets bail for a DUI in New Kent County?
Bail for a DUI charge in New Kent County is set by the magistrate or, if the magistrate does not release you, by the judge at the General District Court. DUI is a misdemeanor, and most first-time defendants are released on personal recognizance or a low cash bond unless there are aggravating circumstances—such as a high BAC, an accident involving injury, or a prior record. The judge may also impose conditions like no driving, no alcohol, or pretrial supervision. Mr. Sris and his Of Counsel can argue for more favorable release terms at the arraignment.
What if I miss my DUI arraignment in New Kent County?
If you miss your DUI arraignment, the court will almost certainly issue a capias (bench warrant) for your arrest and may revoke any bond. It is critical to contact the court or an attorney immediately if you realize you will miss the date. Law Offices Of SRIS, P.C. can often assist in having the warrant recalled and a new date set, but time is of the essence. Call (888) 437-7747 right away if you have missed court.
Can a first-offense DUI be reduced to a lesser charge in Virginia?
Yes, in some cases a first-offense DUI can be reduced to reckless driving, improper driving, or even a non-criminal traffic infraction. Whether a reduction is available depends on the strength of the evidence, your prior record, and the willingness of the Commonwealth’s Attorney to negotiate. Mr. Sris and his Of Counsel know the local prosecutors and judges in New Kent County and understand what types of reductions are realistically achievable. Each case is unique; no attorney can promise a particular outcome. For an honest assessment of your case, call (888) 437-7747 to schedule a consultation.
For more information on related traffic matters, see:
- New Kent County Reckless Driving Representation
- Speeding Ticket Defense in New Kent County
- CDL Violation Defense in New Kent County
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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 criminal defense in Virginia since 1997. He appears regularly in New Kent County General District Court and Circuit Court alongside the firm’s Of Counsel attorneys. The team’s extensive experience includes hundreds of DUI cases across the Commonwealth. Mr. Sris and his Of Counsel know the procedural requirements of the New Kent County court system and understand how to challenge field sobriety tests, breath-test administration, and the legality of traffic stops. Every member of the team brings over a decade of practice experience. Reach our Richmond location at (888) 437-7747 to schedule a consultation.
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Results may vary.
Case results depend on a variety of factors unique to each case.