What happens at a DUI arraignment in Virginia
An arraignment is your first court appearance after a DUI arrest in Virginia. At this hearing, a judge formally reads the charge against you and asks you to enter a plea. If you already have an attorney, they can speak on your behalf; if you do not, the judge will advise you of your right to hire counsel or request a court-appointed attorney. The arraignment sets the stage for the rest of the case, and missing it can result in a warrant for your arrest. Mr. Sris and his Of Counsel appear at arraignments throughout Virginia, and we invite you to contact us at (888) 437-7747 to discuss how we can help. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What is a DUI arraignment in Virginia?
Under Virginia law, driving under the influence is a criminal offense—usually a Class 1 misdemeanor. After an arrest, the first formal step in the court process is the arraignment. It is a procedural hearing, not a trial, and it serves to notify you of the specific charge and to begin the case record. The proceeding typically takes place in the General District Court for the county or city where the arrest occurred. While the arraignment is brief, it is your first opportunity to hear the prosecution’s initial allegations and to have counsel enter an appearance on your behalf.
The arraignment process in Virginia courts
When you appear for arraignment, the judge will read the charge against you—usually a violation of Va. Code § 18.2-266 (Driving While Intoxicated). The judge will confirm that you understand the charge and will ask how you wish to plead. The three typical pleas are guilty, not guilty, or nolo contendere (no contest). If you plead not guilty, the case is set for a later date for trial or pretrial proceedings. If you plead guilty or nolo contendere, the judge may sentence you at the arraignment or schedule the matter for a sentencing hearing. The judge will also address bail or bond conditions, which may include pretrial supervision, alcohol monitoring, or restrictions on driving.
An important part of the arraignment is the determination of whether you have legal counsel. If you do not have an attorney, the judge will ask whether you plan to hire one or if you need the court to appoint a public defender, assuming you qualify. Having an attorney present at this stage can help you make informed decisions about your plea and can also address bond conditions that affect your daily life while the case is pending. The court will also set dates for any future hearings, such as a pretrial conference or the trial itself.
What happens after the arraignment?
After a not-guilty plea, the case moves toward trial in the General District Court. The time between arraignment and trial varies by the court’s calendar and the complexity of the case, but you and your attorney will use this period to review the evidence, file motions, and explore resolution options. If a conviction results in General District Court, you have the right to appeal to the Circuit Court for a new trial. The arraignment is only the first step, and a careful approach at this stage can help preserve your rights throughout the process.
Frequently Asked Questions About DUI Arraignments in Virginia
Do I need an attorney at my arraignment?
It is not required to have an attorney at the arraignment, but having one present can affect the judge’s decisions on bond, driving privileges, and scheduling. An attorney can argue for more favorable pretrial conditions and can also advise you on the appropriate plea. If you appear without counsel, the judge may postpone the case to allow you time to hire one, but the judge will still take your plea at that first appearance unless you ask for a continuance. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 before your court date so we can prepare.
What happens if I miss my DUI arraignment in Virginia?
The judge will likely issue a capias (a warrant) for your arrest, and your bond may be revoked. You should notify the court’s clerk or your attorney immediately if you cannot attend as scheduled. A new date may be set, but your failure to appear can have serious consequences, including additional charges. We appear in courts across Virginia and can help you address any missed appearance. For guidance, reach Mr. Sris and his Of Counsel team at (888) 437-7747.
Can I plead guilty at the arraignment and be sentenced immediately?
Yes, if the charge is a misdemeanor DUI, the judge may accept a guilty plea and sentence you during the same hearing. However, doing so without first reviewing the evidence with an attorney may not be in your best interest. A guilty plea results in a permanent criminal record, potential jail time, fines, and a driver’s license suspension. An attorney can evaluate whether motions to suppress evidence or negotiation with the Commonwealth’s Attorney could lead to a better outcome. For a free initial consultation, reach our firm at (888) 437-7747.
Will I remain in jail after the arraignment?
Most people arrested for a first-offense DUI are released on bond, either before the arraignment or at the hearing. The judge may impose conditions, such as abstaining from alcohol, mandatory reporting probation, or installation of an ignition interlock device. If there are aggravating circumstances—like a high blood-alcohol level or a prior DUI—the court may set a higher bond or hold you pending trial. Our attorneys can argue for reasonable conditions that allow you to work and handle family obligations. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for assistance.
Do I have to appear at the arraignment if I already hired a lawyer?
In Virginia, the defendant’s presence is generally required at the arraignment unless the court specifically excuses it. Even when you have an attorney, the judge needs to address you personally regarding the charges and your rights. If an emergency prevents your attendance, your attorney can ask the court to continue the case. It is best to plan to appear with counsel. If you need representation, reach Mr. Sris and his Of Counsel team at (888) 437-7747.
Is a DUI arraignment different from a trial?
Yes, an arraignment is a preliminary hearing where you enter a plea; a trial is the proceeding where evidence is presented and a judge or jury determines guilt. No witnesses testify at an arraignment, and the prosecutor does not need to prove the case. The purpose is to advise you of the charge and begin the formal court process. The trial may be weeks or months later, and it is then that the Commonwealth must prove the offense beyond a reasonable doubt. For help with your case from arraignment through trial, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What are the possible penalties for a DUI conviction in Virginia?
A first-offense DUI is a Class 1 misdemeanor punishable by up to 12 months in jail, a fine of up to $2,500, and a 12-month driver’s license suspension. Additional consequences may include mandatory completion of the Virginia Alcohol Safety Action Program (VASAP), an ignition interlock requirement, and six DMV demerit points. Consequences increase for subsequent offenses or for a blood-alcohol content of 0.15% or higher. Because each case is different, consult an experienced traffic-defense attorney about the potential outcomes in your situation. Results may vary.
Who are Mr. Sris and his Of Counsel?
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who practices across Virginia, Maryland, the District of Columbia, New Jersey, and New York. He has appeared in courts throughout Virginia since 1997 and 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 extensive combined legal experience. Their backgrounds include former prosecutors, a former Virginia State Trooper, and attorneys with deep familiarity with Virginia’s traffic and criminal procedures. Results may vary.
Primary source authority
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.