What happens at a DUI arraignment in New Kent County
A DUI arraignment is your first appearance in court after being charged with driving under the influence. In New Kent County, it takes place at the New Kent County General District Court, 12001 Courthouse Circle, New Kent, VA 23124. At the arraignment, the judge will tell you what the charges are, advise you of your right to an attorney, and ask how you plead. You may enter a plea of guilty, not guilty, or nolo contendere. Because a DUI in Virginia is a Class 1 misdemeanor that can result in jail time, loss of your license, and a permanent criminal record, it is important to understand the process before you walk into court. To discuss your situation with an attorney, call Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding the arraignment process in New Kent County
The arraignment is a short, formal hearing. After the judge reads the charge—typically a violation of Va. Code § 18.2-266—you will be asked to enter a plea. If you plead not guilty, the case will be set for a trial date. If you plead guilty or nolo contendere, the judge may proceed to sentencing immediately or order a presentence report. In New Kent County, having an experienced traffic attorney with you at the arraignment can help ensure your rights are protected and that you understand the consequences of each plea before you respond.
If you cannot afford an attorney, the court will determine whether you qualify for a court-appointed lawyer. Anyone facing a criminal charge, including a DUI, has the right to be represented. The arraignment also addresses bail conditions and any interim license restrictions. The judge may impose conditions such as not driving without a valid license, staying away from alcohol, or using an ignition interlock device. Each case is different, and much depends on the facts of the arrest and your prior record.
Frequently Asked Questions
What happens at a DUI arraignment in New Kent County?
At the arraignment, the judge advises you of the DUI charge, informs you of your right to an attorney, and asks you to enter a plea. The hearing is held at the New Kent County General District Court. You may plead guilty, not guilty, or nolo contendere. The judge may also set or modify bail conditions and schedule the next hearing. Because a DUI is a criminal offense, the decisions made at arraignment can affect your case for months. Having an attorney present helps you navigate the options and avoid mistakes that could lead to immediate jail time or penalties.
Do I need a lawyer at my arraignment?
You are not required to have a lawyer at the arraignment, but it is strongly advisable because the plea you enter will shape the rest of your case. A lawyer can speak on your behalf, negotiate with the prosecutor, and help you understand what the charges mean. In New Kent County, the judge will inform you of your right to counsel, and if you cannot afford one, you may ask the court to appoint an attorney. However, having private counsel who focuses on Virginia DUI law often provides more flexibility and strategic guidance.
What plea should I enter at my arraignment?
Most people plead not guilty at the arraignment to preserve their rights and allow time to review the evidence. A not-guilty plea gives your attorney time to examine the traffic stop, breath or blood test results, and other evidence. Pleading guilty at the arraignment waives your right to trial and can result in immediate sentencing. In some cases, an experienced DUI attorney may advise a different plea, but the standard practice is to plead not guilty and then negotiate or prepare for trial.
What are the penalties for a first DUI in New Kent County?
A first-offense DUI is a Class 1 misdemeanor in Virginia, punishable by up to 12 months in jail, a fine of up to $2,500, and a 12-month license suspension. The actual penalty depends on your blood alcohol concentration, any prior record, and whether there was an accident or other aggravating factors. The court may also require completion of the Virginia Alcohol Safety Action Program (VASAP), use of an ignition interlock device, and community service. Because the consequences extend beyond the courtroom—affecting employment, insurance, and driving privileges—the outcome of the case can be significant.
What if I am from out of state and got a DUI in New Kent County?
An out-of-state driver charged with DUI in New Kent County faces the same Virginia penalties and must appear in court or have an attorney appear on their behalf. Many out-of-state drivers do not realize that a Virginia DUI is a criminal charge, not just a traffic ticket. License suspension in Virginia can trigger suspension in your home state through the Driver License Compact. An experienced Virginia DUI attorney can help you understand the multi-state consequences and often appear in court so you do not have to travel back for every hearing.
Can I get a restricted license after a DUI arraignment?
A restricted license may be available in certain circumstances, but it is not automatic and is rarely granted at the arraignment itself. After a DUI arrest, the Department of Motor Vehicles will suspend your driving privilege. You can petition the court for a restricted license that allows driving to work, school, or other approved destinations. Eligibility depends on factors like prior offenses and whether you submitted to the breath test. An attorney can help you file the appropriate motion and present your case to the judge.
What happens after the arraignment in a DUI case?
After a not-guilty plea at arraignment, the court will schedule a trial date—usually several weeks later—where the prosecutor must prove the charge beyond a reasonable doubt. During the pretrial period, your attorney will review the evidence, file any necessary motions, and discuss possible resolutions with the Commonwealth’s Attorney. You may be ordered to remain traffic-law-abiding and may need to complete an alcohol assessment. Your active participation in any recommended programs can be a positive factor in the eventual outcome.
What is the difference between DUI and DWI in Virginia?
Virginia law uses the term DUI (driving under the influence) rather than DWI, though the two terms are often used interchangeably across states. Under Va. Code § 18.2-266, a person is guilty of DUI if they operate a motor vehicle with a blood alcohol concentration of 0.08% or more or while under the influence of alcohol or drugs to a degree that impairs their ability to drive safely. The charge is the same whether called a DUI or a DWI in everyday language.
How long does a DUI stay on my record in Virginia?
A DUI conviction remains on your Virginia criminal record permanently and also stays on your driving record for 11 years. Because a DUI is a criminal offense, it will appear on background checks unless the charge is dismissed, reduced, or expunged under very limited circumstances. A DUI can also result in increased insurance premiums and may affect professional licenses. Prompt action after the charge is important to protect your record.
What if I refused the breath or blood test?
Refusing a breath or blood test after a lawful DUI arrest triggers a separate civil violation under Virginia’s implied consent law, resulting in a one-year license suspension for a first offense. The refusal can be used as evidence at trial to show consciousness of guilt. While you have the right to refuse chemical testing, the consequences are significant and separate from the DUI criminal charge. An attorney can challenge the grounds for the stop or the refusal itself at a hearing.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has been handling criminal and traffic matters since 1997. He and his Of Counsel team bring significant experience to DUI defense and have appeared in General District Courts throughout Virginia, including New Kent County. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Richmond location serves clients in New Kent County. Call (888) 437-7747 to schedule a consultation.
For the full practice-area overview, visit our Virginia traffic law practice page.
Other locations we serve include Richmond and
Williamsburg.
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.