What happens at a DUI arraignment in New Kent County

You have been arrested for driving under the influence and received a summons telling you to appear at the New Kent County General District Court. The paper says “arraignment.” You may be wondering what that means, what will happen when you walk into the courthouse at 12001 Courthouse Circle, and whether you need a lawyer with you. The arraignment is the first court date following a DUI arrest in New Kent County. It is the proceeding where you are formally told what the charge is, you enter a plea, and the judge decides whether you will be released on your own recognizance, set a bond, or impose other conditions while your case moves forward. Mr. Sris and his Of Counsel represent drivers at this critical stage every week. To request a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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Your first court appearance after a DUI arrest

When you arrive at the New Kent County General District Court, the arraignment is called shortly after the court opens. The judge, the Commonwealth’s Attorney, and the clerk will be present. You will be asked to stand at the defendant’s table. The clerk reads the charge—here, the specific section of the Virginia Code under which you were arrested, typically Va. Code § 18.2-266 for driving under the influence of alcohol or drugs. The judge will confirm that you understand the charge. After that, you are asked how you plead: guilty, not guilty, or (in very limited circumstances) nolo contendere. Because a DUI in Virginia is a Class 1 misdemeanor with serious potential consequences, the judge will also address bail or conditions of release. If you are represented, your attorney will speak for you. If you appear without counsel, the judge may continue the case to give you time to hire a lawyer.

Entering a plea

Your plea at arraignment is the single most important decision you will make that day. A plea of not guilty preserves your right to challenge the evidence—including the validity of the traffic stop, the accuracy of field sobriety tests, and the results of any breath or blood test. A plea of guilty or nolo contendere resolves the case immediately and results in a conviction that will appear on your criminal record and trigger administrative penalties from the Virginia DMV. Most experienced defense attorneys advise entering a not-guilty plea at arraignment, even if you later negotiate a resolution. It gives you time to review the Commonwealth’s evidence and build a defense. Mr. Sris and his Of Counsel review every aspect of the arrest before advising a client on how to plead.

What happens next?

After a not-guilty plea, the judge sets a trial date. In New Kent County General District Court, the trial is typically scheduled four to eight weeks later. The judge may also set a bond or order you released on your own recognizance, often with conditions such as abstaining from alcohol, submitting to random testing, or surrendering your driver’s license. Your attorney may ask the court to modify these conditions. Once the arraignment concludes, the discovery phase begins: the Commonwealth must provide the evidence it intends to use, including the police report, video recordings, and breath-test or blood-test results. Mr. Sris and his Of Counsel use this period to examine the evidence, identify procedural weaknesses, and negotiate with the prosecutor when that serves the client’s interests.

Why having an attorney at arraignment matters

Many people arrested for DUI in New Kent County think they can handle the arraignment on their own and hire a lawyer later. That can be a costly misstep. The judge’s decisions at arraignment—about bond, license status, and pretrial conditions—can affect your life for months. An attorney who knows the court, the Commonwealth’s Attorney’s Office, and the procedural options available under Virginia law can argue for less restrictive conditions, preserve your driving privileges, and protect your right to a fair trial from the very first hearing. Mr. Sris is a former prosecutor who understands how the other side builds its case. His Of Counsel team includes Bryan Block, a former Virginia State Trooper whose law-enforcement experience gives him a unique ability to identify weaknesses in the stop and arrest. Together, they bring over 120 years of combined legal experience and have secured 4,739+ documented firm-wide results. Results may vary. prior outcomes do not guarantee a similar result.

Potential penalties of a DUI conviction in Virginia

A DUI conviction under Virginia law is a criminal offense, not a simple traffic ticket. The charge is classified as a Class 1 misdemeanor. If you are convicted, the court may impose a combination of a jail sentence, a substantial fine, a mandatory period of license suspension, and requirements such as attending the Virginia Alcohol Safety Action Program (VASAP) and installing an ignition interlock device on your vehicle. The exact penalties depend on factors such as your blood-alcohol concentration, whether you refused a breath or blood test, the presence of any prior offenses, and whether the incident involved an accident or injury. The timeline for resolving the case and the ultimate outcome vary by the facts of each case. For guidance on the potential consequences in your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

About Mr. Sris and his Of Counsel team

Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor now serving as Owner and Founder. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he concentrates his practice on criminal defense and traffic law matters, including DUI defense in New Kent County. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team includes attorneys with prosecutorial and law-enforcement backgrounds who assist clients at every stage of a DUI case, from arraignment through trial. The firm maintains a Richmond location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225, and serves clients throughout New Kent County.

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Frequently Asked Questions

Can I go to my DUI arraignment without a lawyer?

Yes, you may appear at arraignment without a lawyer, but it is not advisable. The judge will still proceed; you will be expected to enter a plea, and bond conditions will be set without legal argument on your behalf. An experienced attorney can challenge unnecessary restrictions and protect your rights from the outset. To request a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.

What should I wear to a DUI arraignment in New Kent County?

Dress respectfully, as you would for a job interview or church. A collared shirt, slacks, and closed-toe shoes are appropriate. Avoid shorts, tank tops, ripped clothing, or anything with offensive language. A neat appearance shows the court that you take the charge seriously and may influence the judge’s perception during bond and conditions decisions.

How long does a DUI arraignment last?

The proceeding itself usually takes only a few minutes, but you may wait several hours before your case is called. The court hears many cases on the same docket. Arrive early, check in with the clerk, and be prepared to remain in the courtroom until your name is called. Mr. Sris and his Of Counsel work to keep clients informed about estimated wait times and the order of the docket.

What plea should I enter at a DUI arraignment?

Most experienced defense attorneys advise entering a plea of not guilty. A not-guilty plea preserves your right to challenge the evidence, including the legality of the stop and the accuracy of any chemical test. Pleading guilty ends the case immediately with a conviction. The decision should be made after consulting an attorney who has reviewed the police reports and the facts of your arrest.

Will I be taken into custody at the arraignment?

For a first-offense DUI, you are usually not taken into custody at arraignment unless there are aggravating factors or an outstanding warrant. The judge will address bond, release conditions, and any license-related restrictions. However, each case is different. An attorney can argue for the least restrictive terms. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Can my DUI case be dismissed at arraignment?

Dismissal at arraignment is rare, but your attorney may be able to identify immediate grounds to challenge the charge, such as a defective summons or a violation of your constitutional rights. In New Kent County, a motion to dismiss on the day of arraignment is possible if the defect is apparent on the face of the charging documents. Most dismissals occur later, after discovery and motion practice.

What happens if I miss my DUI arraignment?

Missing an arraignment can result in a bench warrant for your arrest, additional criminal charges for failure to appear, and surrender or revocation of your bond. The judge will issue a warrant, and you will be subject to arrest. If you have a legitimate emergency, contact your attorney immediately, who may be able to file a motion to recall the warrant and reschedule the hearing.

Do I need an attorney who knows the New Kent County court?

Familiarity with the local court, the Commonwealth’s Attorney’s Office, and the judge’s practices can make a meaningful difference in how your case is handled. Mr. Sris and his Of Counsel appear regularly at the New Kent County General District Court at 12001 Courthouse Circle. They understand the local docket and can anticipate how the court is likely to address bond, discovery, and trial scheduling in DUI cases.

How soon after arraignment will my DUI trial happen?

In New Kent County General District Court, the trial is usually set four to eight weeks after the arraignment. Your attorney will use that time to request discovery, review body camera footage, consult with any expert witnesses, and, when appropriate, discuss charge reductions or alternative resolutions with the Commonwealth’s Attorney. The exact trial date depends on the court’s calendar and the complexity of the case.

Can I drive after my DUI arraignment?

It depends on whether the judge suspends your driving privilege at arraignment and whether the Virginia DMV has already taken administrative action against your license. For a first-offense DUI, a mandatory seven-day administrative suspension may apply. The judge can also order you not to drive as a condition of bond. You must comply with any court order. Your attorney can explain what to expect.

Should I complete a driver improvement clinic before my arraignment?

Completing a Virginia-certified driver improvement clinic before your court date may be viewed favorably, but it is not required. It can demonstrate responsibility and, in some cases, be considered by the Commonwealth’s Attorney when negotiating a resolution. Discuss this option with your attorney before enrolling.

For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.

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Last reviewed: June 2026

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