What happens at a DUI arraignment in James City County

You were pulled over on I-64 near Williamsburg, failed field sobriety tests, and were charged with driving under the influence. Now you have a court date at the Williamsburg/James City County General District Court and you do not know what to expect. A DUI arraignment is your first appearance before a judge, where you are formally advised of the charge against you, your right to counsel, and you enter a plea. The decisions made at this hearing—how you plead, whether bail is set, and whether you have an attorney—shape everything that follows. For legal guidance before your arraignment, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What to Expect at Your DUI Arraignment in James City County

Your arraignment will take place at the Williamsburg/James City County General District Court, located at 5201 Monticello Avenue, Suite 4, in Williamsburg. The court operates Monday through Friday from 8:00 a.m. To 4:00 p.m., and DUI cases are heard as part of the criminal docket. When you arrive, you will check in with the bailiff or court clerk and wait until your case is called.

The judge will read the charge—typically a violation of Va. Code § 18.2-266, driving under the influence. You will then be asked to enter a plea of guilty, not guilty, or nolo contendere. If you plead not guilty, a trial date will be set. If you plead guilty, the judge may proceed to sentencing immediately or continue the matter for a presentence report. Many people choose to stand mute, and the court enters a not-guilty plea on their behalf while they consult counsel.

How Mr. Sris and His Of Counsel Approach DUI Arraignments

Because a DUI charge is a Class 1 misdemeanor in Virginia—carrying up to 12 months in jail, a fine of up to $2,500, and a 12-month license suspension—the arraignment sets the procedural stage for the entire case. Mr. Sris and his Of Counsel work to ensure that clients understand the implications of their plea before they enter it, and they identify constitutional and procedural issues that may affect the government’s case early.

An experienced defense attorney will examine the initial traffic stop, the administration of field sobriety tests, and the chain of custody for any chemical test results. If there are grounds to challenge the stop or the evidence, those arguments can be raised at the preliminary hearing stage, potentially experienced to a dismissal or reduction before trial. At the arraignment itself, counsel can make arguments regarding bail, driving privileges, and any immediate steps the client should take, such as enrolling in the Virginia Alcohol Safety Action Program (VASAP).

What a DUI Conviction Means in Virginia

Under Virginia law, a first-offense DUI is a Class 1 misdemeanor. Beyond the criminal penalties—jail time, fines, and a criminal record—a conviction triggers a mandatory 12-month license suspension and attendance at VASAP. The court may also require installation of an ignition interlock device, particularly if your blood alcohol concentration was 0.15 or above. A DUI conviction carries six demerit points on your Virginia driving record and can remain on your DMV record for 11 years, significantly affecting insurance rates and employment opportunities.

Because the financial and personal consequences extend well beyond the courtroom, how you handle the arraignment can influence the entire proceeding. For a full statutory breakdown of Virginia DUI law, see our comprehensive analysis on the firm’s main site.

Legal Guidance You Can Rely On

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced criminal defense since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Alongside his Of Counsel, Mr. Sris brings extensive experience in DUI and traffic defense to every James City County case. Clients are represented by a team that understands how prosecutors build DUI cases—and how to build a defense that addresses the strengths and weaknesses of the government’s evidence.

Our Richmond location serves James City County and the greater Williamsburg area. By appointment only, we meet with clients to discuss their charges, review discovery, and prepare for every court appearance. Call (888) 437-7747 to schedule a consultation before your arraignment.

Frequently Asked Questions

What is a DUI arraignment in James City County?

A DUI arraignment is the first court hearing where you are formally told the charge and you enter a plea. The judge advises you of your right to an attorney and may set bail or release conditions. The proceeding is held at the Williamsburg/James City County General District Court, 5201 Monticello Avenue, Suite 4. If you plead not guilty, a trial date will be scheduled; if you plead guilty, the court may proceed to sentencing that day or order a presentence report.

Do I need a lawyer at my DUI arraignment?

You are not required to have a lawyer, but having one can help you make informed decisions about your plea and your release conditions. A DUI charge carries serious consequences, including a possible jail sentence. A lawyer can argue for a reasonable bail or for your release on personal recognizance, identify potential defenses early, and ensure that the court respects your procedural rights. Consulting counsel before your arraignment allows you to understand the likely path of your case.

What happens if I plead not guilty at the arraignment?

If you enter a not-guilty plea, the court will set a trial date and your case moves forward to the pretrial phase. Your attorney will have an opportunity to examine the evidence, file motions to suppress or to challenge the stop or the chemical test results, and negotiate with the prosecutor. In General District Court, your trial will be a bench trial before a judge, not a jury. You have the right to appeal a conviction to the Circuit Court.

Can I be released on bail at the arraignment?

Yes, the judge will determine your release conditions at the arraignment. For a first-offense DUI with no aggravating factors, release on personal recognizance or an unsecured bond is common. However, if there are prior offenses, a high BAC, an accident, or other circumstances, the court may set a secured bond or impose conditions such as alcohol monitoring or a requirement to stay away from certain locations. Your attorney can present arguments supporting the least restrictive conditions.

What are the penalties for a first-offense DUI in Virginia?

A first-offense DUI is a Class 1 misdemeanor punishable by up to 12 months in jail, a fine of up to $2,500, and a mandatory minimum fine of $250. Your driver’s license will be suspended for 12 months, and you may be required to complete VASAP and install an ignition interlock device, especially if your BAC was 0.15 or higher. Six DMV demerit points are assessed, and the conviction stays on your driving record for 11 years. The specific sentence depends on the facts of your case and the judge’s discretion.

What should I bring to my arraignment?

Bring your summons, a valid photo ID, and any documents your attorney has asked you to produce. Dress professionally and arrive early to allow time to find the courtroom and speak with your lawyer. If you plan to request a court-appointed attorney, be prepared to provide financial information. Do not bring weapons or any items prohibited by the courthouse security screening.

Can I drive after a DUI arrest?

If your license was administratively suspended for seven days following your arrest, you may be unable to drive until the suspension ends or a court orders otherwise. At the arraignment, you can ask the judge about restricted driving privileges for travel to work, school, or medical appointments. The court may grant a restricted license under certain circumstances, but it is not guaranteed. A lawyer can help you present the strong case for limited driving privileges.

What if I missed my arraignment?

If you missed your arraignment, contact your attorney immediately and call the court clerk to inquire about the status of your case. The court may have issued a bench warrant for your failure to appear. An attorney can help you address the warrant and reschedule the hearing. Do not ignore a missed court date, as it can lead to additional charges and immediate arrest.

Will I have to serve jail time for a first DUI?

Not necessarily. Many first-offense DUI cases result in a suspended jail sentence, probation, fines, and alcohol education programs rather than active incarceration. The outcome depends on the facts of your arrest, your BAC, any accident, your driving record, and the quality of your defense. An attorney can argue for alternatives to incarceration, such as community service or a restricted license, and may be able to negotiate a reduction to a lesser charge like reckless driving or improper driving.

How does the court use my BAC result at arraignment?

The BAC result is a key piece of evidence the prosecutor will use to argue for bail conditions and eventual sentencing. At the arraignment, the court does not rule on the admissibility of the BAC test, but a very high result may influence the judge’s decision on release conditions. Your attorney can file motions to challenge the validity of the stop, the administration of the field sobriety tests, or the accuracy of the chemical test—motions that, if successful, could result in the suppression of the BAC evidence later in the case.

Your Next Step

To discuss how Mr. Sris and his Of Counsel can assist you at your DUI arraignment in James City County, reach our Richmond location at (888) 437-7747. We serve clients in Williamsburg, Norge, Toano, Lightfoot, and throughout the Ninth Judicial District. A consultation is by appointment only.

Our Richmond Location Serving James City County

7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225
By appointment only. Call (888) 437-7747 to schedule.

For additional Virginia DUI resources:

Last reviewed: July 2026

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