What happens at a DUI arraignment in Virginia

You were driving on I-64 near Virginia Beach when a police officer pulled you over and charged you with driving under the influence. Now you have a summons to appear at the Virginia Beach General District Court. You are anxious. You have never been through this before and you are not sure what to expect at your arraignment. An arraignment is your first formal appearance before a judge after a DUI arrest. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys help people prepare for that first hearing so they walk into court knowing exactly what will happen. If you are facing a DUI arraignment in Virginia, understanding the process can reduce your anxiety and help you make informed decisions. For a consultation about your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Strategy Options: How to Approach Your Arraignment

Before your court date you need to decide how you will handle the arraignment. You generally have three choices: you can appear without an attorney, you can hire a private defense lawyer, or you can ask the court to appoint a public defender if you qualify financially. Many people charged with a DUI in Virginia choose to retain private counsel because a DUI conviction carries consequences that can follow you for years — a criminal record, license suspension, increased insurance costs, and even jail time. Having an experienced attorney at your side from the very first hearing can make a meaningful difference. At the arraignment you can ask the judge for a continuance so you have time to hire counsel. Law Offices Of SRIS, P.C. can appear with you at your hearing, enter your plea, and begin building your defense.

What To Expect at the Arraignment Hearing

At a Virginia DUI arraignment the judge will call your case, read the charge against you — typically a violation of Virginia Code § 18.2-266 — and ask how you plead. You may plead “guilty,” “not guilty,” or “nolo contendere” (no contest). If you enter a “not guilty” plea the court will set a date for your trial or a pretrial hearing. If you plead “guilty” the judge may sentence you immediately or order a presentence report and schedule a sentencing hearing later. The judge will also address bail and conditions of release. For a first-offense DUI, most defendants are released on their own recognizance or a secured bond, but the judge may impose conditions such as abstaining from alcohol, submitting to random testing, or surrendering your passport. The court will also advise you of your right to counsel and your right to a trial. The entire hearing usually lasts only a few minutes per case.

Penalty Overview: DUI Consequences in Virginia

A DUI conviction in Virginia carries serious penalties that escalate with each offense. Understanding the statutory range can help you appreciate why your plea at arraignment matters so significantly.

Beyond the criminal penalties, a DUI conviction triggers an administrative license suspension by the Virginia DMV, requires enrollment in the Virginia Alcohol Safety Action Program (VASAP), and results in six demerit points on your driving record. Insurance rates typically increase sharply. The collateral consequences — impact on employment, professional licenses, and security clearances — can be just as disruptive as the court-imposed penalties. Speaking with a lawyer before you enter a plea at arraignment helps you understand the full picture. For a full statutory breakdown of Virginia DUI law, see our comprehensive analysis of Virginia DUI charges.

Attorney Credentials

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced law since 1997. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, Mr. Sris brings extensive courtroom experience to every DUI case. He is joined by Of Counsel attorneys who contribute additional depth in criminal defense and traffic law. The firm’s attorneys understand how the prosecution builds its case and how to challenge the state’s evidence — from the legality of the traffic stop to the reliability of breath or blood test results. When you work with Law Offices Of SRIS, P.C., you are represented by a team that prepares your defense thoroughly and advocates for your best interests at every stage, including your arraignment. Results may vary.

Frequently Asked Questions

What is the purpose of a DUI arraignment?

An arraignment is the first court hearing after a DUI arrest, where the judge formally advises you of the charge and you enter a plea. It is also when the court addresses bail, conditions of release, and your right to an attorney. The arraignment sets the course for the rest of your case, so it is important to understand what happens and to have counsel present if possible.

Do I need to enter a plea at the arraignment?

Yes. At your arraignment you will be asked to enter a plea of guilty, not guilty, or nolo contendere. If you plead not guilty the judge will set a trial date. If you plead guilty the judge may sentence you immediately or order a sentencing hearing. Because your plea has immediate consequences, it is wise to consult with a lawyer before you walk into the courtroom.

Can my lawyer represent me at the arraignment?

Yes. You have the right to be represented by an attorney at your DUI arraignment. Your lawyer can appear with you, enter your plea on your behalf, address bail and release conditions, and start the process of gathering evidence and building your defense. If you do not yet have a lawyer, you can ask the judge for a continuance so you have time to hire one.

What happens if I plead not guilty?

If you plead not guilty, the court will set a date for your trial or a pretrial hearing. The prosecution must then prove your guilt beyond a reasonable doubt. Your attorney will have the opportunity to review the evidence, file pretrial motions, and negotiate with the prosecutor. Virginia DUI cases can sometimes be resolved through a plea agreement before trial, but a not-guilty plea preserves your right to contest the charge fully.

What happens if I plead guilty at the arraignment?

If you plead guilty, the judge will find you guilty and the case moves to the sentencing phase. On a first-offense DUI, the judge may sentence you immediately or order a presentence investigation and schedule a separate sentencing hearing. A guilty plea results in a criminal conviction that cannot be expunged in Virginia, so it is critical to weigh this decision with the advice of an attorney.

Will I be taken into custody at the arraignment?

For a first-offense DUI in Virginia, most defendants are not taken into custody at the arraignment. The judge typically releases you on your own recognizance or sets a bond. However, if there are aggravating factors — such as a prior record, an accident involving injury, or a very high blood alcohol concentration — the judge may impose stricter bail conditions. Your attorney can argue for your release on reasonable terms.

What should I bring to my DUI arraignment?

Bring your summons or notice of hearing, a form of photo identification, and any documents related to your arrest. If you have hired an attorney, they will tell you what else may be helpful. Do not bring weapons, and dress respectfully — your appearance can influence the judge’s perception of you. Arrive early to find the courtroom and meet with your attorney beforehand.

How can Law Offices Of SRIS, P.C. help at my arraignment?

Mr. Sris and the firm’s Of Counsel attorneys can appear with you, enter your plea, and begin constructing your defense. The firm’s experience in Virginia DUI cases means they know how to evaluate the state’s evidence, identify procedural errors, and negotiate with prosecutors from the very first hearing. Having counsel from the start can help you avoid missteps that might harm your case later.

Can I handle my DUI arraignment without a lawyer?

You are permitted to represent yourself at a DUI arraignment, but it is rarely advisable. The legal system is complex, and Virginia takes DUI charges seriously. Without legal training, you may miss an opportunity to challenge the stop, preserve evidence, or negotiate a better outcome. Consulting an experienced attorney before you appear gives you the trusted chance to protect your rights and future.

What happens after the arraignment?

After your arraignment, your case proceeds to the next phase set by the court — typically a pretrial conference or a trial date. Your attorney will begin discovery, review the evidence, and may file motions to suppress evidence or challenge the traffic stop. Many cases are resolved through a plea agreement or dismissal before trial, but if necessary, your case will go to a bench or jury trial. Staying in close contact with your lawyer throughout this process is essential.

For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.

Official Virginia DUI resources:
Virginia Code § 18.2-266 — Driving while intoxicated
Virginia’s Judicial System — Courts & procedure
Virginia Department of Motor Vehicles — License & reinstatement

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.

Case results depend on a variety of factors unique to each case.