What happens at a DUI arraignment in Colonial Heights
You were pulled over on Temple Avenue late on a Saturday night, and the officer arrested you for DUI. Now you have a court date at the Colonial Heights General District Court on the Boulevard, and you are not sure what to expect. The first hearing you will attend is called an arraignment, and it is a short but important step in the process. At the arraignment, the judge will read the charge against you, ask how you plead, and decide whether to set conditions before your case moves forward. Mr. Sris and his Of Counsel team represent individuals facing DUI charges in Colonial Heights and throughout the 12th Judicial District. If you have an attorney before your arraignment, counsel can enter a not-guilty plea on your behalf and begin building your defense from the start. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
The arraignment process at Colonial Heights General District Court
An arraignment in Colonial Heights is the initial appearance before a judge after a DUI arrest. It typically happens at the Colonial Heights General District Court, located at 550 Boulevard. The judge will inform you of the charge—typically a violation of Va. Code § 18.2-266—and will ask how you plead. You may enter a plea of guilty, not guilty, or no contest. In DUI cases, most defendants enter a not-guilty plea at this stage so their attorney can review the evidence and negotiate with the Commonwealth’s Attorney. If you plead not guilty, the court will schedule a trial date, often within several weeks. The judge might also address issues such as appointing counsel if you qualify, setting bond conditions if you are still in custody, or ordering you to complete a Virginia Alcohol Safety Action Program (VASAP) assessment if alcohol was involved. Colonial Heights General District Court hears all adult DUI cases; if the charge is a felony DUI (such as a third offense within 10 years), the case will be certified to the Circuit Court after arraignment.
The arraignment is not the time to argue the facts of your case. The judge will not hear testimony or consider evidence. Instead, the purpose is to advise you of your rights and move the case toward trial or resolution. Having an experienced attorney at this stage can help you avoid procedural pitfalls—for example, making sure you do not inadvertently waive your right to a preliminary hearing in a felony case, or ensuring you understand the conditions of any bond. Even for a misdemeanor DUI, the arraignment sets the tone for the rest of the proceeding. Mr. Sris and his Of Counsel appear regularly before the Colonial Heights General District Court and can guide you through the process.
Frequently asked questions
Do I need a lawyer at a DUI arraignment in Colonial Heights?
You are not required to have a lawyer at your arraignment, but having one is strongly recommended. The arraignment is a critical early stage where you enter your plea and where the judge may set bond conditions or schedule further proceedings. An experienced attorney can enter a not-guilty plea on your behalf, preserve your rights, and begin working to challenge the evidence. Without counsel, you risk missing procedural deadlines or making statements that could later hurt your defense. The Colonial Heights General District Court will allow you to request a continuance to hire an attorney if you appear without one. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What happens if I plead not guilty at my DUI arraignment?
If you plead not guilty, the judge will schedule your case for a trial date. For a misdemeanor DUI in Colonial Heights General District Court, the trial is a bench trial—meaning a judge, not a jury, hears the evidence. The court will likely also ask whether you have retained counsel and may advise you of your right to court-appointed counsel if you qualify. After the arraignment, your attorney will have the opportunity to review the evidence, including the breath-test results, field-sobriety-test performance, and the officer’s report, and to discuss possible resolutions with the Commonwealth’s Attorney. A not-guilty plea preserves all your defenses while your attorney investigates the case.
Can I resolve my DUI case at the arraignment?
In most situations, a DUI case is not resolved at the arraignment. The arraignment is a procedural hearing to advise you of the charge and take your plea. Because DUI cases involve evidentiary issues—such as the validity of the traffic stop, accuracy of the breath test, and possible medical or statutory defenses—it is unusual for a case to be settled at this early stage. However, in some circumstances, your attorney may have already spoken with the prosecutor before the arraignment and can present a negotiated resolution at that time. Most matters require at least one additional court date to allow discovery and negotiation. For specific guidance, contact Mr. Sris and his Of Counsel at (888) 437-7747.
What is VASAP and how does it relate to my Colonial Heights DUI case?
VASAP (Virginia Alcohol Safety Action Program) is an intervention program that the court may order you to complete as part of a DUI sentence. At or soon after your arraignment, the judge may direct you to contact VASAP for an assessment. The program includes alcohol education classes and, in some cases, treatment. Even if you are not convicted yet, early enrollment can show the court you are taking the charge seriously and may influence the judge’s decisions on bond or sentencing. Colonial Heights General District Court will provide you with information about how to contact the local VASAP office if you are ordered to participate.
My DUI arrest was in Colonial Heights but I live out of state. Do I have to come back for the arraignment?
You are required to appear in court unless your attorney files a waiver of appearance on your behalf and the court grants it. Virginia law allows an attorney to appear for a defendant on a misdemeanor charge in many instances, including the arraignment, if the court approves. This is especially important for out-of-state drivers who were charged while passing through Colonial Heights on I-95. An experienced attorney can handle much of the process without you having to travel back repeatedly, though you may need to appear at trial. Mr. Sris and his Of Counsel team regularly represent out-of-state drivers and can discuss whether they can appear on your behalf. Call (888) 437-7747 to explore your options.
Will the judge set bail at my arraignment?
If you are still in custody at the time of arraignment, the judge will address bail. For a first-offense DUI, many defendants are released on their own recognizance or a relatively low unsecured bond, but this depends on factors such as prior criminal history, ties to the community, and the circumstances of the arrest. The judge at Colonial Heights General District Court may also impose conditions such as abstaining from alcohol or complying with pretrial supervision. If you have not yet retained an attorney, you can ask the court to consider a lower bond or to allow you time to hire counsel. Defense counsel can present arguments about your background and connections to the community to support a favorable bond determination.
What do I bring to my DUI arraignment in Colonial Heights?
Bring your summons or ticket, any paperwork the officer gave you, and identification. Also bring contact information for your attorney if you have retained one. If you have already completed any steps—such as a VASAP assessment—bring that documentation as well. Dress conservatively, as a sign of respect for the court, and arrive early to allow time to find parking and locate your courtroom. The Colonial Heights General District Court is at 550 Boulevard, and you should check the court’s website for any security or entry requirements. If you have not yet hired counsel, you may request a continuance to do so. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
How long after the arraignment will my DUI trial be scheduled?
The trial in Colonial Heights General District Court is generally set within several weeks to a few months after arraignment. The exact date depends on the court’s calendar and whether your attorney requests additional time for discovery or pretrial motions. Your lawyer can explain the typical timeline for DUI cases in the court and will keep you informed of all upcoming dates. Delays can work to your advantage if they allow your attorney to fully investigate the evidence and pursue negotiations. Speak with your attorney about the expected schedule for your particular case.
What if I miss my arraignment date?
Missing your arraignment can result in the judge issuing a bench warrant for your arrest or a capias ordering you to appear. It is critical to attend every court date or have your attorney appear on your behalf if the court permits. If an emergency prevents you from attending, contact your lawyer immediately; your attorney may be able to file a motion to continue the case. Never simply ignore a court date. If a warrant is issued, you could be taken into custody at any time. The attorneys at Law Offices Of SRIS, P.C. can help you address a missed court date and minimize the consequences. Call (888) 437-7747 as soon as possible if you have already missed a hearing.
Can a DUI be reduced to a lesser charge at arraignment?
A reduction is unlikely to happen at the arraignment because the prosecutor typically has not yet reviewed the evidence in detail. However, in some instances, where the case involves a borderline blood alcohol concentration or strong defenses, your attorney may be able to negotiate a reduction to reckless driving or another offense before the arraignment. These early negotiations depend on the specific facts and the willingness of the Commonwealth’s Attorney. More commonly, a reduction is pursued at a later pretrial hearing or on the trial date after discovery and discussion. Mr. Sris and his Of Counsel handle many DUI reductions per year (Results may vary.) and can advise you on whether a reduction is possible in your case.
About Mr. Sris and his Of Counsel team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He is a former prosecutor and has testified before the Virginia House Courts of Justice Committee. Mr. Sris and his Of Counsel bring extensive combined legal experience in handling DUI and traffic matters in Colonial Heights, Chesterfield County, and throughout the 12th Judicial District. The team includes attorneys with backgrounds as former prosecutors and former Virginia State Troopers, giving them insight into both sides of a DUI case. For a consultation about your DUI arraignment, call (888) 437-7747.
Our Richmond location serves clients at the Colonial Heights courts. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule an appointment. Consultations are by appointment only. Results may vary.
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