What happens at a DUI arraignment in Virginia

An arraignment is the first court appearance after a DUI arrest. In Virginia, the arraignment is a short hearing where you are told exactly what charge you face, you enter a plea, and the judge decides on bond or release conditions. The charge will typically be under Virginia Code § 18.2‑266, which covers driving under the influence of alcohol or drugs. This hearing is not a trial; neither the Commonwealth’s Attorney nor your lawyer will present evidence at the arraignment. The purpose is to notify you of your rights, allow you to respond to the charge, and schedule the next steps in your case. If you plead not guilty, the judge sets a trial date in the General District Court. If you were held in custody, your lawyer can argue for a personal recognizance bond or a lower surety bond. Mr.‍Sris and his Of Counsel appear at arraignments across Virginia and help clients protect their rights from the very first court date. To discuss your situation, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Understanding the Virginia DUI arraignment process

At the arraignment, a judge or magistrate reads the summons or warrant and confirms that you understand the charge. The charge will usually list the specific subsection of Va. Code § 18.2‑266 that you allegedly violated—for example, driving with a blood-alcohol concentration of 0.08% or more, or driving while impaired by alcohol or drugs. You are then asked to enter a plea of guilty, not guilty, or no contest. Only the defendant speaks for himself at this stage; your attorney cannot enter a plea for you, but you should have a lawyer present to advise you. Most defendants plead not guilty at arraignment to preserve all defenses and give their lawyer time to examine the stop, the testing, and other evidence.

After the plea, the judge addresses the question of bond. If you were released before the arraignment, the judge may continue that status or impose new conditions. If you are in custody, your attorney can argue for a personal recognizance bond, a secured bond, or supervised release. Virginia judges consider several factors: the seriousness of the offense, your ties to the community, any prior record, and whether you pose a flight risk or a danger to the public. The judge also schedules a trial date. How quickly the trial occurs depends on the court’s calendar and the complexity of your case; preparation for a DUI case may take longer if additional discovery or experienced attorney review is needed. Mr.‍Sris and his Of Counsel handle the arraignment as part of the complete DUI defense strategy, working to position the case for the strong outcome at trial.

Frequently asked questions

What is a DUI arraignment in Virginia?

A DUI arraignment is the initial court hearing where the defendant is formally advised of the charge, enters a plea, and the judge determines release conditions. In Virginia, it is not the trial but a procedural step. The court ensures you understand the charge and your rights, including the right to an attorney. If you cannot afford one, the court may appoint a public defender. The arraignment occurs shortly after your arrest, typically at the General District Court where the offense took place. Having an experienced attorney at this stage helps protect your rights and can influence the bond decision.

Do I need a lawyer at my DUI arraignment in Virginia?

You are not required to have a lawyer at your arraignment, but having one is strongly recommended. An experienced DUI attorney can counsel you on the trusted plea to enter, argue for favorable bond conditions, and start developing the defense strategy from the very beginning. The decisions made at arraignment—such as the plea and the bond conditions—can affect the rest of your case. Contact Law Offices Of SRIS, P.C. at (888) 437‑7747 to discuss your matter before your arraignment date.

What plea should I enter at a Virginia DUI arraignment?

Most people plead not guilty at the arraignment, even if they later plan to negotiate a resolution. A not-guilty plea preserves your right to challenge the evidence, the stop, and the testing procedures. Entering a guilty plea at the arraignment ends the case with a conviction and immediate sentencing, so it should never be done without careful legal advice. An attorney can assess whether there are grounds to have the charge reduced or dismissed later. Until that analysis is complete, not guilty is generally the safe choice.

What is the penalty for a first DUI in Virginia?

A first-offense DUI in Virginia is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500, along with a one-year driver’s license suspension. The specific penalties vary depending on your blood-alcohol level, whether an accident occurred, and other aggravating factors. For a simple first DUI, jail time is not mandatory unless certain circumstances exist, but the judge has full discretion. Your license will be suspended administratively for seven days after arrest, and a conviction triggers an additional 12-month suspension. You may be eligible for a restricted license. An attorney can explain the possible outcomes in your specific situation.

Can I get bail at my DUI arraignment?

Yes, most people charged with a first DUI are released on a personal recognizance bond or a secured bond at the arraignment. Virginia law presumes that you are entitled to pretrial release unless certain conditions are not met. The judge considers the severity of the charge, your criminal history, your ties to the community, and whether you pose a risk of failing to appear. If you have a serious record or the offense involved injury, the judge may set a higher bond or impose conditions such as alcohol monitoring or curfew. Your attorney can present information to support release on the most favorable terms.

What happens after the arraignment for a Virginia DUI?

After the arraignment, the judge sets a trial date, and the discovery and motion phase begins. Your attorney will obtain the police report, breath or blood test results, video footage, and any other evidence. Discovery may reveal issues with the stop, the field sobriety tests, or the breathalyzer machine. Your lawyer may file motions to suppress evidence or negotiate with the prosecutor for a possible reduction of the charge. Many DUI cases are resolved before trial, but if not, you will have a bench trial in the General District Court. Mr.‍Sris and his Of Counsel handle all these stages.

Can DUI charges be dropped at the arraignment?

DUI charges are almost never dismissed at the arraignment itself, but dismissal can occur later after a thorough investigation of the evidence. The arraignment is not the forum for challenging evidence; it is a preliminary step. However, if your attorney identifies a fundamental defect—such as a lack of probable cause for the stop—the defect can be raised promptly and may lead to dismissal later. The Commonwealth’s Attorney may also decide to reduce the charge to reckless driving or another offense after reviewing the case. The key is to have an attorney start working on your defense immediately.

How should I prepare for my DUI arraignment?

Make sure you know your court date, time, and the specific court where you are summoned, and contact a DUI attorney as soon as possible. Write down everything you remember about the arrest: the time, location, what you ate and drank, and any statements you made. Bring your summons, a valid ID, and any paperwork related to bail or release. Dress appropriately and arrive early. Do not discuss your case with anyone except your lawyer. Having counsel with you ensures the process moves smoothly and that you do not inadvertently harm your defense.

What is the role of the Commonwealth’s Attorney at the arraignment?

The Commonwealth’s Attorney usually has a limited role at the arraignment, primarily to confirm the charge on the record and, if necessary, provide information relevant to bond. In many Virginia General District Courts, the prosecutor does not participate significantly at the arraignment unless the defendant is in custody and the prosecutor wishes to advocate for certain release conditions. The main brief on the facts and the law comes later, at trial. The arraignment is largely a neutral administrative proceeding.

Will I get a trial date at my arraignment?

Yes, if you plead not guilty, the judge will set a trial date during the arraignment. The date depends on the court’s calendar and may be several weeks away. In some cases, the judge may set a motions hearing or a status conference before the trial. Your attorney may also request a continuance if more time is needed to obtain evidence. You should mark the date and maintain contact with your lawyer to ensure you are prepared.

What if I missed my arraignment date?

If you fail to appear for your arraignment, the judge may issue a bench warrant for your arrest and could revoke your bond if you were released. You should contact an attorney immediately to discuss your options and to arrange to have the warrant recalled. Missing court can lead to additional criminal charges and make it far more difficult to obtain a favorable outcome. An attorney can help you address the situation and get your case back on track.

Do I have the right to an attorney at a DUI arraignment in Virginia?

Yes, you have the right to be represented by an attorney at every stage of a DUI case, including the arraignment. If you cannot afford an attorney, the court will determine your eligibility for a court-appointed lawyer. However, court-appointed counsel may not be assigned until after the arraignment, so hiring private counsel before that date ensures you have representation from the very start. Mr.‍Sris and his Of Counsel are available to discuss your case. Call (888) 437‑7747 to learn how the firm can help.

About Mr.‍Sris and his Of Counsel team

Mr.‍Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997. A former prosecutor, he now focuses his practice on defending individuals charged with DUI and other offenses in Virginia and across four other jurisdictions. He appears in General District Court and Circuit Court for arraignments, pretrial motions, and trials. Mr.‍Sris is supported by Of Counsel attorneys with experience in DUI defense, including a former Virginia State Trooper who understands traffic enforcement procedures from the inside. Mr.‍Sris and his Of Counsel bring extensive combined legal experience to every DUI client. The firm has documented case results across Virginia, including reductions and dismissals of DUI charges. Results may vary.

Additional resources: Virginia Code Title 18.2 (criminal offenses including DUI) • Virginia Judicial System

Last reviewed: July 2026

Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case.