What happens at a DUI arraignment in Virginia
You were pulled over late on a Friday night on I-66, failed the field sobriety tests, and blew over the legal limit. An officer arrested you for driving under the influence. Days later, a summons arrives in the mail telling you to appear at the General District Court for an arraignment. That first court date can feel overwhelming—but it follows a predictable structure. The arraignment is not a trial. It is the hearing where the judge formally advises you of the charge, explains your rights, and asks you to enter a plea. What you do at that moment can shape everything that follows. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to speak with an attorney who can help you prepare. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What happens at your Virginia DUI arraignment
When you walk into the General District Court in Fairfax, Virginia Beach, or any other county, the judge will call your case. The proceeding is on the record. The court will first confirm your identity and read the charge against you—usually a violation of Va. Code § 18.2-266, which makes it unlawful to drive with a blood alcohol concentration of 0.08% or higher or while under the influence of alcohol or drugs. The judge will then tell you the maximum possible penalties: up to 12 months in jail, a fine, and a license suspension of up to 12 months for a first offense. You will be asked how you plead. You may answer “guilty,” “not guilty,” or “no contest.” Your attorney, if you have one, can speak on your behalf and may have already discussed the available options with the prosecutor. If you plead not guilty, the court sets a trial date—typically a few weeks to a couple of months out—and you or your lawyer will begin to prepare for a bench trial. Your appearance is required unless your attorney has obtained permission to waive your presence for this hearing.
Strategy options at the arraignment stage
An arraignment is not the time to argue the facts of your case, but it is a critical decision point. Pleading guilty at this early stage waives your right to challenge the evidence, cross-examine the arresting officer, or negotiate a reduced charge. Many people benefit from retaining counsel before the arraignment. An experienced defense attorney can review the traffic stop video, the calibration records of the breath test machine, and the officer’s report to identify weaknesses. In some Virginia courts, an attorney can engage in early discussions with the Commonwealth’s Attorney about a possible amendment—for example, a reduction to reckless driving or even a non-alcohol offense—if the facts support it. You also have an absolute right to appeal any adverse decision from the General District Court to the Circuit Court within 10 days, where you receive a completely new trial before a different judge or, in some cases, a jury. Your plea at arraignment does not limit your appeal rights. For a full statutory breakdown of Virginia DUI laws, visit our comprehensive analysis on srislawyer.com.
What to expect after your plea
If you plead not guilty, the court will issue a trial date and set bond conditions. Many people are released on their own recognizance, but the judge may require a cash bond or impose restrictions such as abstinence from alcohol, no driving without a restricted license, and ignition interlock. You will also receive instructions about pretrial procedures—including any discovery of the Commonwealth’s evidence. If you already have an attorney, that person will handle most of these logistics for you. Without counsel, you must manage deadlines yourself and appear at every scheduled hearing. Failing to appear can result in a capias for your arrest and a separate charge. The waiting period before trial is a chance to strengthen your defense. You can enroll in the Virginia Alcohol Safety Action Program (VASAP) voluntarily, which may show the court you are taking the matter seriously well before any conviction.
Penalty overview for Virginia DUI
Virginia treats DUI as a Class 1 misdemeanor. For a first offense, the court can impose up to 12 months in jail, a fine of up to $2,500, and a license suspension of 12 months. The judge has discretion to suspend part of the jail sentence and fine, but you face mandatory minimums in certain situations—for example, a minimum of five days in jail if your BAC was 0.15% or higher. A second offense within 10 years carries a mandatory minimum of 10 days in jail, and a third offense is a felony with more severe penalties. A DUI conviction also adds six demerit points to your driving record and stays on your record for up to 11 years. Your insurance rates will almost certainly rise. And a DUI is a criminal conviction, not just a traffic ticket, meaning it appears on your permanent record and can affect employment and security clearances. These consequences make it essential to build the strong $1 from the first hearing.
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 since 1997. He leads a multi-jurisdiction firm that handles DUI and traffic matters across Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and his Of Counsel team bring over 120 years of combined legal experience to every case and have achieved over 4,739 documented firm-wide results. Results may vary. The firm’s approach to DUI defense draws on extensive familiarity with the Virginia court system, including the General District Courts and Circuit Courts throughout the state. A traffic-related defense is built by examining every step of the stop and arrest—looking for procedural missteps, unreliable testing equipment, or lack of probable cause—so that you can make informed decisions at the outset. Reach Mr. Sris and his Of Counsel at (888) 437-7747 to request a consultation.
Frequently Asked Questions
Do I need a lawyer at my DUI arraignment?
You are not legally required to have a lawyer at arraignment, but having one can significantly protect your rights. An attorney can enter a plea on your behalf, argue for a reasonable bond, and begin working immediately to address weaknesses in the Commonwealth’s evidence. If you appear without a lawyer, the judge may advise you of your right to counsel, but the court will not postpone the plea-entry stage simply because you are undecided. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 before your court date to discuss your options.
Can a DUI charge be dismissed at the arraignment in Virginia?
A DUI charge is rarely dismissed at arraignment. The arraignment hearing is for entering a plea and setting a trial schedule, not for presenting evidence or arguing a full defense. However, an attorney who identifies a critical flaw in the charging document or the initial traffic stop may bring that to the court’s attention informally, which could lead the prosecutor to amend or even drop the charge early. Most dismissals occur later, through pretrial motions or at trial.
What happens if I plead not guilty at my arraignment?
If you plead not guilty, the court schedules a trial date and sets bond conditions. The case moves into the pretrial phase. The Commonwealth must prove the charge beyond a reasonable doubt at a bench trial before the General District Court judge. You have the right to an attorney, to confront witnesses, and to present evidence in your own defense. No penalty is imposed simply for exercising your right to plead not guilty.
Will I go to jail at the arraignment for a first DUI?
Going to jail immediately at an arraignment for a first-offense DUI is not typical unless there are aggravating factors. Most people are released on their own recognizance. The judge could impose a cash bond or other conditions if you have a prior record, a high BAC, an accident involved, or if you are considered a flight risk. An attorney can argue for release on the least restrictive terms. The question of whether you will ultimately serve jail time is determined at sentencing, not at arraignment.
How long does a DUI case take from arraignment to trial in Virginia?
The timeline varies by court, but most DUI cases are set for trial within a few weeks to a few months after arraignment. The General District Court docket schedule, the availability of the prosecutor and your attorney, and any motions filed can affect the actual date. If your case is appealed to Circuit Court, the process resets and a new trial date will be set, sometimes months out. There is no single deadline that applies in every locality.
What is the difference between an arraignment and a trial in Virginia?
An arraignment is an administrative hearing where you are informed of the charge and enter a plea; a trial is an adversarial proceeding where evidence is presented and the court decides guilt or innocence. No testimony, cross-examination of witnesses, or presentation of evidence happens at arraignment. The trial is where the Commonwealth must prove every element of the DUI offense. That is why pleading not guilty at arraignment preserves your right to a full evidentiary hearing at a later date.
Can I represent myself at my DUI arraignment?
You have the right to represent yourself, but doing so is not advisable. While a defendant can appear without an attorney, you will be held to the same procedural standards as a licensed lawyer. Missteps in how you plea, what you say in open court, or your understanding of bond conditions can harm your case. Mr. Sris and his Of Counsel team often find that early involvement from an experienced attorney leads to more favorable outcomes. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 before you go to court alone.
Will I lose my license at my arraignment?
License suspension does not automatically happen at arraignment. If you refused the breath test or had a BAC of 0.08% or higher, the arresting officer likely took your license and gave you a notice of suspension that takes effect after seven days. That administrative suspension is independent of the arraignment. At the court hearing, the judge does not impose additional license suspension unless you plead guilty or are convicted at trial. You or your attorney can challenge the administrative suspension through a separate hearing with the Virginia DMV.
What if I can’t attend my DUI arraignment?
If you miss your arraignment without prior court permission, a warrant may be issued for your arrest. Virginia courts treat failure to appear seriously. If you have an attorney, that lawyer can often appear on your behalf for the arraignment, especially if a waiver of your personal appearance has been filed and accepted by the court. Never assume you can skip a court date. Contact an attorney immediately if you know you cannot attend.
Does a DUI arraignment create a criminal record in Virginia?
The arraignment itself does not create a criminal record. A criminal charge appears on your record only if you are convicted or if the arrest itself is recorded and it is reported by background check companies. Many employers and agencies see the arrest even if it is later dismissed. That is one reason why a robust defense matters from the very beginning—a dismissal or reduction before trial can sometimes be expunged or sealed under Virginia law. Speak with an attorney about your eligibility.
For more information on related topics, visit our pages on Virginia DUI defense, first-offense DUI consequences, and ignition interlock requirements.
Outbound authority: Virginia Code § 18.2-266 (DUI) · Virginia Courts · Virginia DMV
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