What happens at a DUI arraignment in Fairfax County

If you have been charged with driving under the influence in Fairfax County, your case will begin with an arraignment at the Fairfax County General District Court. An arraignment is a brief hearing where a judge formally advises you of the charge against you, determines your right to counsel, and sets a date for further proceedings. It is not a trial. At the arraignment you will be told whether the Commonwealth intends to proceed with a DUI charge under Va. Code § 18.2‑266, and you will be asked how you plead—not guilty, guilty, or nolo contendere. Because a DUI conviction carries serious consequences including the potential for jail, fines, and license suspension, having an experienced attorney at your side from the very beginning can make a critical difference. To speak with Mr. Sris or a member of his Of Counsel team about your Fairfax County DUI case, call Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Understanding a DUI arraignment in Fairfax County

In Fairfax County, all adult misdemeanor DUI charges are heard initially in the General District Court. This court, located at 4110 Chain Bridge Road in Fairfax, handles traffic and criminal matters under the jurisdiction of the Nineteenth Judicial District. The arraignment is the first court appearance after your arrest. It is a procedural step, not an evidentiary one. The judge will ensure you understand the charge, confirm whether you are represented by an attorney, and set a date for the next hearing—usually a trial within a few weeks to several months, depending on the court’s calendar.

Virginia treats DUI as a criminal offense—not merely a traffic ticket. Under Va. Code § 18.2‑270, a first‑offense DUI is a Class 1 misdemeanor. While an arraignment may seem routine, the decisions you make there—including how you plead and whether you are represented by counsel—can affect the entire course of your case.

What to expect at the arraignment

An arraignment typically lasts only a few minutes. The judge will call your case by name, read the charge, and ask if you understand it. You will be asked to enter a plea. Most defendants enter a plea of not guilty at arraignment, preserving the right to challenge the evidence later. If you plead guilty, the judge may immediately find you guilty and proceed to sentencing, or set a sentencing hearing. However, pleading guilty without first consulting an attorney is rarely advisable, because a DUI conviction carries immediate license suspension, DMV demerit points, and the possibility of jail time.

The judge will also address the appointment of counsel. If you qualify financially, the court may appoint a public defender. If you have retained private counsel, your attorney will typically enter a plea of not guilty on your behalf and may begin discussing discovery with the prosecutor. Mr. Sris and his Of Counsel team appear regularly at the Fairfax County General District Court and can handle every stage of the process, from arraignment through trial.

How Law Offices Of SRIS, P.C. handles DUI cases

Mr. Sris, a former prosecutor, and his Of Counsel team bring extensive combined legal experience to DUI defense in Fairfax County. Because the arraignment is the threshold hearing, the approach begins with a careful review of the charging documents, the certificate of analysis (if a breath or blood test was administered), and the arresting officer’s narrative. From the outset, the team scrutinizes whether the traffic stop, field sobriety tests, and chemical tests complied with Virginia law and the procedures required by the Virginia State Police.

At the arraignment, the objective is to enter a not‑guilty plea and secure a trial date that allows time for thorough preparation. Beyond the arraignment, the team explores every available defense: whether the initial stop was supported by reasonable suspicion, whether the field sobriety tests were administered in accordance with NHTSA standards, and whether any breath‑test evidence can be challenged on scientific or procedural grounds. If a conviction is likely, the focus turns to mitigating penalties—advocating for alternatives such as the Virginia Alcohol Safety Action Program (VASAP) and negotiating with the Commonwealth’s Attorney to seek a favorable resolution.

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 practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He maintains a personal caseload with direct involvement in each matter and collaborates closely with his Of Counsel team—experienced attorneys who appear regularly in Fairfax County courts. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Every attorney working on the team brings significant litigation experience. Results may vary.

Frequently Asked Questions

What is the purpose of a DUI arraignment in Fairfax County?

The purpose of a DUI arraignment is to formally inform you of the charge, determine your plea, and set dates for further proceedings. The judge also addresses whether you have an attorney, and if you cannot afford one, the court may appoint counsel. The arraignment is not a trial, and no evidence is presented.

Do I need a lawyer at my DUI arraignment?

You are not legally required to have a lawyer at your arraignment, but having one is strongly recommended because what you say and how you plead can affect the entire case. An attorney can enter a not‑guilty plea on your behalf, begin discussions with the prosecutor, and ensure your rights are protected from the very first hearing.

What happens after the arraignment?

After the arraignment, the court schedules the case for a trial date or a pre‑trial hearing, and you and your attorney prepare your defense. Your attorney may file motions to challenge the traffic stop or the evidence. If you are not in custody, you will be released on your own recognizance or with conditions set by the court.

Can I plead guilty at my arraignment?

Yes, you can plead guilty at your arraignment, but doing so without first consulting an attorney may result in immediate sentencing that includes jail time, fines, and license suspension. Most defense attorneys recommend pleading not guilty at arraignment to allow time to evaluate the evidence and explore possible defenses.

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

A first‑offense DUI in Virginia is a Class 1 misdemeanor, carrying the potential for jail, a fine, and mandatory license suspension. The exact consequences depend on the circumstances: your blood alcohol content, any prior record, and whether an accident was involved. The court also typically orders enrollment in the Virginia Alcohol Safety Action Program (VASAP). An experienced attorney can work to minimize the impact on your driving privileges and personal life.

How should I prepare for a DUI arraignment in Fairfax County?

Before your arraignment, arrange for an experienced DUI attorney to represent you and bring any paperwork you received at the time of your arrest. Dress professionally for court, arrive early, and be prepared for a brief proceeding. Your attorney will handle the plea and all legal arguments. If you have questions, reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to discuss your case.

Last reviewed: July 2026

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