What happens at a DUI arraignment in Fairfax
You were pulled over, arrested for DUI, and now you have a piece of paper with a court date on it. The first time you walk into the Fairfax County General District Court at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030, you will attend an arraignment. An arraignment is not a trial. It is a brief hearing where the judge tells you what you are charged with, asks whether you have a lawyer, and takes your initial plea. For many people, the arraignment is the moment the reality of a DUI charge sinks in. A conviction under Va. Code § 18.2-266 is a Class 1 misdemeanor that can bring jail time, a fine, a license suspension, and a permanent criminal record. What you say and do at the arraignment matters. Having an experienced attorney with you ensures your rights are protected from the very first hearing. If you are facing a DUI arraignment in Fairfax, you can reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What happens at a DUI arraignment in Fairfax: your first court date
The arraignment is your first appearance before a judge at the Fairfax County General District Court. The judge will call your case, read the charge against you—typically a violation of Va. Code § 18.2-266—and ask if you understand the charge. The judge will then ask whether you have an attorney. If you do not, the judge will ask whether you intend to hire one or whether you need to be screened for a court-appointed lawyer. This is not the time to argue your innocence or explain what happened. Anything you say can be used against you later. The safest answer to most questions is, “I intend to hire counsel,” or if you already have an attorney, “My attorney is here and will enter a plea on my behalf.” Mr. Sris and his Of Counsel team can appear with you at the arraignment, enter a plea of not guilty, and protect you from making statements that could hurt your case. After the plea is entered, the judge will set a date for the next hearing—typically a status date or a trial date. In Fairfax County, the General District Court handles all DUI first offenses, and the timeline to trial depends on the court’s calendar; you will receive a specific date at the arraignment. If you have not already requested a DMV administrative hearing to challenge your license suspension, your attorney can advise you on that separate deadline. The arraignment itself is usually over in minutes, but the decisions made that day can shape the rest of your case.
A DUI arraignment in Fairfax is also the point where issues of bail or release conditions may be addressed. For most first-offense DUI charges, the court will allow you to remain free on personal recognizance or a small bond. However, if there are aggravating factors—such as a high blood alcohol concentration, an accident, or a prior record—the judge may impose conditions like supervised release, alcohol monitoring, or a higher bond. Having an attorney present allows you to respond to any unusual conditions immediately and ensures the court has a complete picture of your circumstances. Mr. Sris and his Of Counsel take a proactive approach at this stage, addressing any bond or release issues so you can focus on preparing your defense.
Frequently Asked Questions
Do I need a lawyer at a DUI arraignment in Fairfax?
You are not legally required to have a lawyer at your arraignment, but it is strongly advisable. The judge will ask you questions that can affect your case, and anything you say is on the record. Without counsel, you might inadvertently admit facts or waive rights. A lawyer can enter a not-guilty plea on your behalf and request discovery from the Commonwealth’s Attorney without you having to speak. In Fairfax County General District Court, prosecutors are not present at every arraignment for misdemeanor DUI cases, but your lawyer can still file necessary motions and set the stage for your defense. To discuss your situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What plea should I enter at a DUI arraignment in Fairfax?
You should plead not guilty. A DUI charge is a serious criminal offense, and pleading guilty at the arraignment waives your right to a trial, your right to challenge the evidence against you, and your right to negotiate with the Commonwealth’s Attorney. Even if you believe you are guilty, there may be defenses related to the traffic stop, the field sobriety tests, or the breath test that an experienced attorney can identify. In Fairfax County, the Commonwealth’s Attorney may agree to reduce a DUI charge to reckless driving or another offense in some circumstances—but that negotiation happens after the arraignment, not at it. Pleading not guilty preserves all your options.
Will I go to jail at my DUI arraignment in Fairfax?
For a first-offense DUI arraignment in Fairfax, jail is unlikely. Most people arrested for a first DUI in Virginia are released on a summons or a personal recognizance bond and remain free while the case is pending. However, if there are aggravating circumstances—a very high BAC, a collision with injuries, a child in the vehicle, or a prior DUI—the judge may set a higher bond or impose conditions. The arraignment is not a sentencing hearing, so you are not being sentenced to jail at that time. An attorney can argue for reasonable release conditions. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What happens after the arraignment in a Fairfax DUI case?
After you plead not guilty at the arraignment, the court sets a new date for a status hearing or a trial. In Fairfax County General District Court, DUI trials are typically scheduled within several weeks to a couple of months, depending on the court’s docket. Your attorney will use the time between the arraignment and the trial to obtain police reports, review dashcam or bodycam video, examine the calibration records of the breath-test machine, interview witnesses, and discuss your case with the prosecutor. Many DUI cases are resolved through negotiation before trial, but if no agreement is reached, your case proceeds to a bench trial. The judge, not a jury, decides guilt in General District Court.
Can a DUI charge be reduced at the arraignment?
No. A DUI charge is rarely reduced at the arraignment itself. The purpose of the arraignment is to inform you of the charge and take your plea. The Commonwealth’s Attorney is typically not present at a first-appearance arraignment for a misdemeanor DUI in Fairfax County, so no plea negotiation occurs at that moment. Reductions—such as from DUI to reckless driving—happen later, after your attorney has had time to review the evidence and discuss the case with the prosecutor. Your not-guilty plea keeps the door open for those discussion. Mr. Sris and his Of Counsel have documented case results in Fairfax County courts; Results may vary. and prior outcomes do not guarantee a similar result.
What is the difference between a DUI arraignment and a trial in Fairfax?
An arraignment is a brief procedural hearing; a trial is where evidence is presented and a verdict is reached. At the arraignment, the judge reads the charge, you enter a plea, and the next court date is set. At a trial, the Commonwealth must prove the charge beyond a reasonable doubt by presenting evidence. A DUI trial in Fairfax County General District Court is a bench trial—there is no jury. Your attorney cross-examines the arresting officer, challenges the admissibility of the breath or blood test, and presents any defense evidence. The arraignment usually lasts minutes; a trial can last hours or days.
Do I have to attend my DUI arraignment in Fairfax in person?
Yes, you generally must attend your arraignment in person unless your attorney has obtained permission for you to waive your appearance. Virginia law requires a defendant’s presence at an arraignment for a misdemeanor charge unless the court authorizes the attorney to appear on behalf of the defendant. In some Fairfax County General District Court practice, if you have retained counsel, your attorney may enter a plea on your behalf without your presence if the judge permits it. However, you should not assume this is automatic. Speak with an attorney well before your court date to understand your obligations.
How do I find a DUI lawyer for my arraignment in Fairfax?
You can contact Law Offices Of SRIS, P.C. at (888) 437-7747 to speak with experienced DUI defense counsel. Mr. Sris, a former prosecutor, and his Of Counsel team represent clients throughout Northern Virginia, including Fairfax County. They will review the facts of your arrest, explain the arraignment process, and appear with you in court. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
What should I bring to my DUI arraignment in Fairfax?
Bring your summons or paperwork from the arrest, a photo ID, and your attorney. The summons will list your court date, time, and courtroom. A photo ID confirms your identity. If you have already hired an attorney, they will handle the rest. Do not bring alcohol, weapons, or any prohibited items through courthouse security. Dress conservatively; courtrooms require respectful attire. Failure to appear at your arraignment can result in a warrant for your arrest, so make every effort to attend or have your attorney arrange a continuance if necessary.
Can I get a continuance at the arraignment?
Yes, you may request a continuance, but it is not guaranteed. If you need more time to hire an attorney or gather evidence, the judge may grant a short continuance. However, repeated continuance requests may be denied. Having an attorney with you at the arraignment who can make a professional request often increases the likelihood of a brief postponement. If you do not have counsel, the judge may still set a trial date while allowing you time to hire a lawyer before the next hearing.
What happens if I miss my DUI arraignment in Fairfax?
If you miss your arraignment without a valid reason, the judge will likely issue a bench warrant for your arrest. You could be taken into custody and may face additional charges for failure to appear. If you realize you will miss the court date, contact your attorney immediately. In some situations, your lawyer may be able to appear on your behalf and quash the warrant. Do not ignore the court date—it makes your situation significantly worse.
Will my license be suspended at the arraignment?
Your license is not usually suspended at the arraignment itself. In Virginia, an administrative license suspension for a DUI arrest is handled separately through the DMV, and you have a limited number of days to request a hearing to challenge it. If you failed to request that hearing or if the suspension period has begun, you may already be under a suspension. The arraignment judge does not typically impose a new suspension at that hearing, but if you are later convicted, the court will order a license suspension as part of the sentence. Your attorney can explain the interaction between the criminal case and the DMV administrative process.
About Mr. Sris and His Of Counsel Team
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. Drawing on more than two decades of experience, Mr. Sris and his Of Counsel team concentrate their practice on criminal defense and traffic matters in Virginia courts, including Fairfax County General District Court. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background as a former prosecutor offers insight into how the Commonwealth builds its DUI cases, which informs defense strategy from the arraignment through trial. The Of Counsel attorneys, each with over a decade of practice experience, work alongside Mr. Sris on DUI matters. Together, they bring extensive combined legal experience to every client representation. For a consultation about your DUI arraignment in Fairfax, reach our location at (888) 437-7747.
Reviewed by Mr. Sris, Owner and Founder
Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York
Practicing since 1997
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.