What happens at a DUI arraignment in Henrico County
You were driving along I-64 through Henrico County when an officer pulled you over for a broken taillight. The stop escalated; you took a breath test, and now you face a DUI charge. Your court date for an arraignment at Henrico County General District Court is on the horizon, and you’re not sure what to expect. That uncertainty is completely understandable—most people have never set foot in a courtroom. Understanding the process can help you feel more prepared. Mr. Sris and his Of Counsel team know the Henrico County court system and can guide you through each step. Call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Why Having an Attorney at Arraignment Matters
The arraignment is your first appearance before a judge, and decisions made there can affect the rest of your case. An experienced attorney can enter a plea on your behalf, argue for reasonable bail conditions, and help ensure that your rights are protected from the start. Without counsel, you might inadvertently say something that could be used against you later. At Law Offices Of SRIS, P.C., we work with clients to prepare for this initial hearing. Mr. Sris, a former prosecutor, and the firm’s Of Counsel attorneys understand how the Commonwealth approaches DUI cases and can use that insight to your advantage.
What to Expect at Your Henrico County DUI Arraignment
DUI cases in Henrico County are heard at the Henrico County General District Court, located at 4301 East Parham Road, Henrico, VA 23228. At the arraignment, the judge will inform you of the specific DUI charge you face, typically a Class 1 misdemeanor under Va. Code § 18.2-266. You will be asked to enter a plea—guilty, not guilty, or, in some situations, no contest. If you have an attorney, he or she can speak on your behalf and may enter a not-guilty plea to preserve your rights while your defense is investigated. The judge will also address bail, any pretrial release conditions, and set a date for your next hearing or trial. If you cannot afford an attorney and the court determines you are indigent, the judge may appoint a public defender. However, having private counsel from the outset can give you more control over your defense.
Understanding DUI Penalties in Virginia
A first-offense DUI in Virginia is a criminal charge, not a traffic infraction. Under Va. Code § 18.2-270, a conviction can result in up to 12 months in jail and a fine of up to $2,500. If your blood alcohol concentration was 0.15 or higher, a mandatory minimum jail sentence of five days applies. The court will also suspend your driver’s license for 12 months, and you may be required to complete the Virginia Alcohol Safety Action Program (VASAP) and install an ignition interlock device. A conviction will create a permanent criminal record and add six DMV demerit points. The consequences extend beyond the courtroom—your insurance rates will likely rise, and certain employment opportunities may be affected. Because the penalties are serious, having an attorney who can challenge the evidence and negotiate on your behalf is essential.
Your Defense Starts With an Experienced Attorney
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. He and the firm’s Of Counsel attorneys bring extensive combined legal experience to DUI defense. Results may vary. The firm appears regularly in Henrico County General District Court and understands how local prosecutors and judges approach these cases. We work to identify weaknesses in the Commonwealth’s evidence—from the legality of the traffic stop to the accuracy of field sobriety tests and breathalyzer results—and pursue favorable outcomes for your situation. To discuss your case with Mr. Sris, call (888) 437-7747.
Frequently Asked Questions About DUI Arraignments in Henrico County
What is the purpose of a DUI arraignment in Henrico County?
The arraignment formally advises you of the DUI charge and allows you to enter a plea. It also addresses bail, pretrial supervision, and sets future court dates. Even though the hearing is typically brief, having a lawyer present ensures that your plea is entered correctly and that no unnecessary bail conditions are imposed. The judge will not hear evidence or arguments about guilt at this stage.
Do I have to go to my DUI arraignment in person?
In most Virginia DUI cases, your attorney can appear on your behalf for the arraignment. The court may allow your lawyer to waive your personal appearance, especially if you are represented by counsel and a written waiver is submitted. However, you should confirm this with your attorney, as each judge has discretion. If you fail to appear without permission, a bench warrant could be issued for your arrest.
What should I wear to court for my arraignment?
Dress respectfully—think business casual or formal attire. Avoid shorts, tank tops, ripped jeans, or clothing with offensive language. First impressions matter; showing the judge that you take the proceeding seriously can only help. Men should wear a collared shirt and slacks; women, a blouse and skirt or dress pants. A jacket is not always necessary but is never out of place.
Can my DUI charge be reduced or dismissed at the arraignment?
No. An arraignment is not the proper forum for a reduction or dismissal. The Commonwealth’s Attorney’s office typically has not even reviewed the evidence in detail by the first court date. Your attorney can, however, begin discussions with the prosecutor after the arraignment. Charge reductions—such as a reckless driving amendment—often happen later, once the evidence has been examined and negotiations take place.
What happens if I plead not guilty at my DUI arraignment?
Entering a not-guilty plea preserves your right to challenge the evidence and prepare a defense. It triggers the court to set a future trial date. Your attorney will then have time to obtain discovery, including the officer’s notes, dash-cam video, and breathalyzer maintenance records. This is a routine procedural step and does not mean you are claiming innocence; it simply gives you the opportunity to fight the charges.
Will the judge set bail at the arraignment?
Yes, the judge will address bail and any conditions of your release. For a first-offense DUI, personal recognizance (a promise to appear) is common if you have no prior failures to appear and ties to the community. If there are aggravating factors—such as a high BAC or a prior record—the court may require a cash bond or impose pretrial supervision, such as alcohol monitoring.
How long after my arrest will my arraignment take place?
The arraignment is usually scheduled within a few weeks of the arrest. The specific date will appear on your summons or bond paperwork. Check that document carefully. If you are unsure, contact the clerk’s office at Henrico County General District Court. Do not wait until the last minute to hire an attorney; the earlier you engage counsel, the more time your legal team will have to prepare.
Do I need a lawyer for a first-offense DUI arraignment?
While you are not legally required to have a lawyer, the stakes are too high to go it alone. A conviction can mean jail time, a criminal record, and a suspended license. An attorney can protect your rights, help you navigate the court process, and develop a defense strategy. Even at this early stage, mistakes—like saying something incriminating to the judge—can damage your case.
What happens after the arraignment?
After you enter a plea, the court will set a future hearing date—typically a status conference or a trial date. Your attorney will then begin the discovery process and investigate potential defenses. This may involve filing motions, reviewing the arrest video, and consulting with the Commonwealth’s Attorney. It is important to follow any conditions the judge imposes until your case is resolved.
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