What happens at a DUI arraignment in Virginia Beach

You were driving home along Pacific Avenue after an evening at the oceanfront. The police cruiser behind you signaled, and before you knew it, you were performing field sobriety tests under the bright lights of Virginia Beach Boulevard. Now you have a court date and a knot in your stomach. The first hearing — the arraignment — feels like a mystery. At an arraignment in Virginia Beach, the General District Court judge tells you what you are charged with, asks whether you have a lawyer, and takes your initial plea. It is not your trial, but what happens at that brief hearing matters a great deal. Mr. Sris and his Of Counsel appear at Virginia Beach General District Court for clients facing DUI charges, and they can stand beside you from this very first step. To discuss what to expect at 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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Understanding the DUI arraignment and your options

A DUI charge in Virginia starts in the General District Court. For Virginia Beach, that is the Virginia Beach General District Court. The arraignment is the first scheduled appearance after a DUI arrest, unless you were released on a summons that already states a court date. The purpose of the proceeding is administrative: the judge reads the charge, confirms your identity, and ensures you understand your right to counsel. The judge will ask whether you plan to hire an attorney or request a court-appointed lawyer if you cannot afford one. You will also enter an initial plea — usually “not guilty” at this stage. Experienced DUI defense counsel can use the arraignment to begin gathering discovery, examining the charging documents, and setting the case on a track toward a negotiated resolution or trial.

The Commonwealth’s Attorney will have a file that includes the officer’s narrative, breath or blood test results, and any video recordings. Your attorney can request this material and begin scrutinizing it for procedural flaws. Because Virginia treats DUI as a criminal offense — a Class 1 misdemeanor on a first offense — the stakes are high from day one. Having counsel with you at the arraignment ensures you do not inadvertently say something that could be used against you later and that you understand the next court date and what will happen there.

What to expect at Virginia Beach General District Court

When your case is called, the judge will address you directly. The courtroom is typically busy with a mix of traffic and criminal cases. The proceeding is brief — often just a few minutes — but it sets the procedural tone for your entire case. After confirming the charge, the judge will set a date for your next hearing, which may be a pretrial conference or a trial date. If you do not have an attorney, the judge may give you time to retain one. Mr. Sris and his Of Counsel have extensive experience appearing in Virginia Beach General District Court, and they understand the local expectations. Being represented at the arraignment signals that you take the matter seriously and can help avoid unnecessary delays or missteps.

If you were released on a summons, your arraignment date likely appears on that document. If you were held and then released on bond, the clerk’s office will notify you of the date. It is critical not to miss this hearing. A failure to appear can result in a bench warrant for your arrest and additional charges. An experienced DUI attorney can also appear on your behalf for certain procedural matters, allowing you to avoid unnecessary trips to court while your case moves forward.

DUI penalties in Virginia — what you are facing

A first-offense DUI in Virginia is charged under Va. Code § 18.2-266 and penalized under § 18.2-270. It is a Class 1 misdemeanor, which carries up to 12 months in jail, a fine of up to $2,500, and a mandatory 12-month license suspension. The court can authorize a restricted driver’s license, but only if you meet specific criteria, such as enrollment in the Virginia Alcohol Safety Action Program (VASAP). A conviction also results in six demerit points on your driving record and stays on your DMV record for 11 years. For a second or subsequent DUI within 10 years, the penalties escalate significantly, including mandatory minimum jail time. A DUI that involves injury or death can be charged as a felony.

At the arraignment, you are not yet facing sentencing, but knowing what is at stake helps you make informed decisions about your defense. Mr. Sris and his Of Counsel work to challenge the evidence — from the initial stop’s legality to the reliability of field sobriety and breath tests — and to pursue outcomes that minimize the impact on your life and livelihood.

About Mr. Sris and his Of Counsel team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997 and is a former prosecutor. His firm appears in Virginia Beach General District Court through Of Counsel who understand Virginia DUI law and procedure. The team includes attorneys with backgrounds as a former Virginia State Trooper and a former Maryland Assistant State’s Attorney, giving them insight into both law enforcement tactics and prosecution strategies. Mr. Sris and his Of Counsel bring extensive combined legal experience to DUI defense. They serve clients from the firm’s Richmond location and appear throughout Virginia Beach. For a consultation about your DUI arraignment, call (888) 437-7747.

Frequently asked questions

What is the purpose of a DUI arraignment in Virginia Beach?

An arraignment is the first court hearing after a DUI arrest; the judge tells you the charge, asks about your attorney, and takes your initial plea. It is not the trial, but it establishes the procedural path. The judge will also address any bond conditions and set future dates. This is your opportunity to enter a plea of not guilty and begin building your defense. Having an attorney present helps protect your rights from the very start.

Do I need a lawyer at the arraignment for a DUI in Virginia Beach?

You are not legally required to have a lawyer at the arraignment, but having one is strongly advised. A DUI is a criminal charge, and anything you say can be used against you later. An experienced DUI attorney can speak for you, review the charging documents on the spot, and begin negotiating with the prosecutor. If you cannot afford a lawyer, you may ask the judge to appoint a public defender, but eligibility is based on income and the seriousness of the charge.

What plea should I enter at a DUI arraignment in Virginia Beach?

Almost always, you should enter a plea of not guilty at the arraignment. A not‑guilty plea preserves your right to challenge the evidence and negotiate with the Commonwealth’s Attorney. Pleading guilty at this early stage means you give up the opportunity to examine the police report, test results, and video before accepting a punishment. Your attorney can advise you on the trusted course after reviewing your case.

Can I get my DUI charge reduced or dismissed at the arraignment?

A dismissal or reduction at the arraignment is uncommon, but your attorney can begin working toward a favorable outcome from day one. The arraignment is typically too early for the prosecutor to evaluate the case fully. However, your lawyer can start discussing possibilities such as a reduction to reckless driving or a deferred disposition, depending on the facts. The real negotiation happens in the weeks and months that follow.

What happens if I miss my DUI arraignment in Virginia Beach?

If you miss your arraignment, the judge will likely issue a capias — a bench warrant for your arrest. You could be taken into custody and charged with failure to appear, which is a separate offense. Your bond may be revoked, and the judge may set a higher bond or hold you without bond. It is critical to appear on time or have your attorney appear on your behalf if allowed. If you realize you missed the date, contact your lawyer immediately.

How do I find out my DUI arraignment date in Virginia Beach?

Your arraignment date appears on the summons or bond paperwork you received when you were released. If you were held in jail after your arrest, the clerk’s office at Virginia Beach General District Court will provide the date. You can also check your case online through the Virginia Judicial System’s case information portal. Your attorney can verify the date and ensure no errors or conflicts exist.

Will the judge ask about my driving record at the arraignment?

The judge typically does not review your full driving record at the arraignment, but the Commonwealth’s Attorney may have access to it. The focus of the arraignment is on the pending charge, your representation, and your plea. Your prior record may become relevant later, especially at sentencing or if plea negotiations involve a reduced charge. Your attorney can help you understand how your driving history might affect your case.

What should I bring to my DUI arraignment in Virginia Beach?

Bring your summons or bond paperwork, a valid photo ID, and any documents related to your arrest or release. If you have retained an attorney, bring their contact information. Dress respectfully for court — business casual is appropriate. Arrive early to find the courtroom and meet with your lawyer before the judge calls your case. Do not bring firearms or any items prohibited by the courthouse security screening.

Can an attorney appear on my behalf at the arraignment?

In some Virginia General District Courts, your attorney may be able to appear for you at the arraignment for certain procedural matters, but you should confirm this with your lawyer. Because an arraignment involves advising you of the charge and taking your plea, many judges want the defendant present. However, an experienced DUI attorney can sometimes handle the initial appearance administratively, especially if you live out of state or have a scheduling conflict. Discuss this with your attorney well before the court date.

Is a DUI arraignment open to the public in Virginia Beach?

Yes, DUI arraignments in Virginia Beach General District Court are generally open to the public. Family members or friends may attend, but they usually sit in the gallery and do not participate. Keep in mind that court proceedings are recorded, and what you say can be heard by others. Your attorney can help you prepare so you feel comfortable in the courtroom.

What comes after the arraignment in a Virginia Beach DUI case?

After the arraignment, the judge sets a date for the next hearing, which may be a pretrial conference or a trial date. Your attorney will use the time between hearings to obtain discovery, file motions, and negotiate with the prosecutor. You may be required to attend further court dates unless your lawyer can appear on your behalf or you receive permission to waive your presence. The process from arraignment to resolution can vary, but having skilled representation helps ensure every step is handled properly.

How can I find a DUI lawyer for my Virginia Beach arraignment?

You can contact Law Offices Of SRIS, P.C. at (888) 437-7747 to speak with Mr. Sris and his Of Counsel about your DUI arraignment. The firm’s Richmond location serves clients throughout Virginia Beach, and the attorneys have extensive experience in Virginia Beach General District Court. During a consultation, you can discuss the facts of your arrest, the arraignment process, and the defense strategies that may be available. Early representation can make a meaningful difference in the outcome of your case.

Next steps

If you have a DUI arraignment coming up in Virginia Beach, you do not have to face it alone. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. are available to discuss your situation and help you understand what to expect. Contact the firm at (888) 437-7747 to request a consultation. The Richmond location serves clients throughout Virginia Beach, and appointments can be arranged to suit your schedule.

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Reviewed by Mr. Sris, Owner and Founder. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Practicing since 1997.
Last reviewed: July 2026.

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