What happens at a DUI arraignment in New Kent County

A DUI arraignment in New Kent County is the first formal court appearance after you have been charged with driving under the influence under Va. Code § 18.2-266. Arraignment typically takes place at the New Kent County General District Court, located at 12001 Courthouse Circle, New Kent, VA 23124. During the arraignment, the judge will read the charge against you and ask you to enter a plea—guilty, not guilty, or, in some instances, nolo contendere. The judge will also address bail or bond conditions, may determine whether you qualify for court-appointed counsel if you cannot afford a private attorney, and will schedule the next hearing date. Because a DUI conviction carries lasting consequences including license suspension, fines, and a potential jail sentence even on a first offense, the decisions made at this early stage can have a significant effect on the course of your case. For advice tailored to your situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
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Once you arrive at the New Kent County General District Court for your DUI arraignment, you will check in with the court clerk and wait for your case to be called. When your name is called, the judge will advise you of the specific DUI charge brought by the Commonwealth, confirm that you understand the charge, and ask how you plead. If you enter a not-guilty plea, the judge will set a date for a trial or a preliminary hearing, depending on the circumstances of the case. If you are not already represented by an attorney, the arraignment is often the point at which you request time to hire private counsel or apply for a public defender if you are financially eligible. The judge may also review any conditions of your pretrial release, such as bail, an order to abstain from alcohol, or an ignition interlock requirement. Because the court file is established during this proceeding, everything that is said or filed at the arraignment becomes part of the official record. Experienced defense counsel can help ensure that your rights are protected and that you understand every procedural step before you leave the courtroom.

Even though an arraignment is not a trial in which evidence is presented, it carries immediate legal significance. Pleading “not guilty” preserves all of your defenses, while pleading “guilty” without the advice of counsel can result in the entry of a conviction and sentencing on that same day. The judge will also make sure you are aware of your right to an attorney and, if you are holding a commercial driver’s license, you may be facing additional administrative consequences that need to be addressed sooner rather than later. Cases in New Kent County are heard by a General District Court judge, and the docket often moves quickly—being prepared before you walk through the door can make a real difference in how the process unfolds. The timeline after arraignment varies by case, but you can expect the court to provide written notice of your next court date before you leave the building.

Frequently Asked Questions

What happens at a DUI arraignment in New Kent County?

At a DUI arraignment in New Kent County the judge reads the formal charge, asks for your plea, reviews pretrial release conditions, and sets the next court date. Arraignment is held at the New Kent County General District Court on Courthouse Circle. You will be advised of the potential maximum penalties, though the actual sentence will be determined later if a conviction is entered. The judge will also verify that you understand your right to an attorney. Entering a plea of not guilty is common at this stage, as it gives you and your lawyer time to review the evidence, examine any breath or blood test results, and explore legal defenses.

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

While you are not legally required to have a lawyer present for a DUI arraignment, the decisions you make at that hearing can directly affect the outcome of your case. A DUI charge in Virginia is a criminal matter, and a conviction—even for a first offense—creates a permanent record. A lawyer can help determine whether procedural issues, such as the stop or the administration of field sobriety tests, are worth challenging. The attorney can also speak to the judge on your behalf about release conditions and can negotiate with the prosecutor, which you cannot effectively do on your own.

What plea should I enter at a DUI arraignment?

Most defendants enter a plea of not guilty at a DUI arraignment so that they and their lawyer have time to build a defense. Pleading guilty at the arraignment can result in immediate sentencing, including jail time, a fine, and license suspension. Unless you have already reached a full plea agreement that you fully understand, entering a not-guilty plea keeps all of your options open. Your attorney can later work with the prosecutor to discuss a possible reduction or alternative disposition, such as a first-offender program.

How long after arrest will my DUI arraignment be scheduled in New Kent County?

The court schedules DUI arraignment dates based on its docket, generally within a few weeks of the arrest or the issuance of a summons. The exact timing depends on the court’s calendar and whether you were released on the summons or need to be brought before the court from custody. You should receive written notice of the date and time. Contacting an attorney early gives them more time to prepare for that first appearance, even before the arraignment is held.

Can I be released on bail at my DUI arraignment?

The judge will address bail and pretrial release conditions at your arraignment. For a DUI charge, the court considers factors such as your ties to the community, your prior record, and the nature of the alleged offense when deciding whether to set a monetary bail, release you on personal recognizance, or impose other conditions. The judge may require you to abstain from alcohol, submit to random testing, or install an ignition interlock device. Having an attorney present to advocate for reasonable conditions can be beneficial.

What are the penalties for a DUI conviction in Virginia?

A DUI conviction in Virginia carries jail time, fines, a driver’s license suspension, and mandatory participation in the Virginia Alcohol Safety Action Program (VASAP). The specific penalties range based on factors such as the prior number of offenses, the blood alcohol concentration, and whether there was an accident. Even a first offense can result in a suspended license for twelve months and the installation of an ignition interlock device. Because the consequences are serious, consulting with a defense attorney early in the process is a prudent step.

Will my DUI case go to trial after arraignment?

If you plead not guilty at the arraignment, your case is set for a trial or preliminary hearing, not disposed of that day. The court will schedule a date for the Commonwealth to present its evidence. Between the arraignment and the trial date, your attorney has the opportunity to gather police reports, any video or audio recordings, and to file motions to suppress evidence. Many DUI cases are resolved through a plea agreement reached well before trial, but that process begins only after a not-guilty plea is recorded at the arraignment.

Where is the New Kent County General District Court located?

The New Kent County General District Court is at 12001 Courthouse Circle, New Kent, VA 23124. The court is easily reached via I-64 between Richmond and Williamsburg, and serves the communities of New Kent, Providence Forge, and Quinton. Court personnel do not give legal advice, so you should direct any questions about your charge to your attorney rather than relying on court staff for guidance. Contact our firm at (888) 437-7747 for a consultation about your upcoming court date.

What should I bring to my DUI arraignment?

Bring a copy of your summons or any paperwork you received at the time of your arrest, a valid form of identification, and the contact information for your attorney. Dress appropriately for court—business attire or, at minimum, a neat, respectful appearance. You may also want to bring any documents showing your driving record or any letters of community support. These materials are not always necessary at the arraignment itself, but having them available allows your lawyer to immediately address issues that could affect your bail or release conditions.

Can a DUI charge be reduced in New Kent County?

Yes, in many cases a DUI charge can be reduced to a lesser offense such as reckless driving or even a traffic infraction, depending on the strength of the evidence and the negotiations between your attorney and the Commonwealth’s Attorney. The specific outcome depends on many variables, including your criminal history, the initial reason for the traffic stop, and the chemical test results. Having a lawyer who regularly practices in New Kent County can help you understand the most realistic options. For guidance on your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense and traffic law since 1997. He is a former prosecutor, admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His Of Counsel team collectively brings extensive combined legal experience to defending clients in DUI and traffic matters. Results may vary. When you contact the firm, your case benefits from a legal team familiar with the procedures of the New Kent County General District Court. To schedule a consultation, call (888) 437-7747.

Last reviewed: July 2026

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