What to Expect at a Virginia DUI Arraignment

A Virginia DUI arraignment is a short, formal hearing that opens the criminal case. It is one of the procedures covered in the guide to Virginia traffic-ticket court and penalties. This article explains where the arraignment happens, what the judge does, how pleas work, and what a defendant walks out with. It covers the standard misdemeanor DUI process; felony DUI charges follow a different track through circuit court.

What an arraignment is in a Virginia DUI case

An arraignment is the point where the court formally tells the accused what they are charged with and asks how they plead. Under Va. Code § 19.2-254, arraignment is conducted in open court and consists of reading the charge to the accused and calling on the person to plead. It is not a trial. No evidence is heard, no witnesses testify, and the judge decides nothing about guilt.

The charge itself comes from Va. Code § 18.2-266, which makes it unlawful to drive with a blood alcohol concentration of 0.08 percent or more, or while under the influence of alcohol or drugs to a degree that impairs safe driving. A first offense is a Class 1 misdemeanor. The arraignment is where the case built on that charge officially begins moving through the court.

In many Virginia courts the arraignment and the first substantive court date are combined, and in some misdemeanor cases the step is brief or waived when a defendant appears with counsel. Section 19.2-254 allows arraignment to be waived in a misdemeanor case by the accused or their counsel, or when the accused fails to appear.

Where and when the arraignment happens

Misdemeanor DUI charges are heard in the general district court for the city or county where the arrest occurred. The general district court handles traffic and misdemeanor matters and is the court that conducts the arraignment and, later, the trial for a first-offense DUI. The Virginia general district court sits in every city and county in the Commonwealth.

Timing depends on custody. A person released after arrest, on bond, on a summons, or on a personal recognizance, receives a specific date and time to appear, usually printed on the release paperwork. A person still held in custody is treated differently. Under Va. Code § 19.2-158, a person who is not free on bail must be brought before a judge on the first day the court sits after the charge, and at that appearance the judge states the amount of bail and informs the accused of the right to counsel.

What the judge covers at the arraignment

Three things happen at a standard DUI arraignment, and all three are procedural rather than evidentiary.

1. Reading the charge

   The judge or clerk reads the DUI charge and identifies the specific code section, so the accused knows exactly what has been alleged. Va. Code § 19.2-254 requires this reading unless it is waived.

2. Advising of the right to counsel

   The court informs the accused of the right to a lawyer. A defendant may hire private counsel, ask the court to appoint an attorney if they qualify as indigent, or proceed without one. Va. Code § 19.2-158 requires the court to inform a held defendant of this right and to allow a reasonable opportunity to employ counsel of their own choice.

3. Addressing bail and entering a plea

   For a defendant who is still in custody, the court states the bail amount and hears any motion about bail or conditions of release. The accused is then called on to plead to the charge.

For a defendant in custody, the court must hear and consider bail motions. Under Va. Code § 19.2-158, a hearing on bail or conditions of release must be held as soon as practicable and no later than three calendar days after the motion, excluding weekends and holidays.

Entering a plea

Under Va. Code § 19.2-254, an accused has three choices: not guilty, guilty, or nolo contendere (no contest). A not-guilty plea denies the charge and moves the case toward trial. A guilty plea admits it. A nolo contendere plea is not an admission of guilt but allows the court to treat the case as if guilt were established, and the court cannot refuse to accept that plea in a misdemeanor case.

At a first appearance, a defendant who has not yet consulted a lawyer commonly enters a not-guilty plea, which preserves every option and lets the court set a trial date. Entering a not-guilty plea at arraignment does not lock the case into a trial; pleas can change later, and many DUI cases resolve by a negotiated plea before or on the trial date. In some cases the charge is reduced, and a common reduction is to reckless driving in Virginia, which is also a Class 1 misdemeanor but carries different consequences.

Because a first-offense DUI conviction under Va. Code § 18.2-270 carries a mandatory minimum fine of $250, and an elevated blood alcohol level adds mandatory jail time of five days for a level of at least 0.15 but not more than 0.20 and ten days above 0.20, the plea a defendant enters shapes what the court can do next. A full account of what a conviction costs appears in the guide to Virginia’s first-offense DUI penalties and fines.

The license suspension already in effect

By the time of arraignment, a first-offense DUI arrest has usually already triggered an automatic administrative license suspension. Under Va. Code § 46.2-391.2, a driver who registers a breath test of 0.08 or more, or who refuses testing, has their license suspended immediately for seven days on a first offense. The arresting officer serves written notice of the suspension and takes the physical license.

This administrative suspension is not the same as a conviction penalty. It is an automatic pretrial measure, and the seven-day period is often over before the arraignment or first court date. For a second offense, Va. Code § 46.2-391.2 sets the suspension at 60 days.

What happens after the arraignment

When the arraignment ends with a not-guilty plea, the court sets a trial date, and the case is continued to that date. The gap between arraignment and trial gives both sides time to prepare: the defense can obtain the officer’s reports, breath or blood test results, and any video, while the Commonwealth’s attorney prepares the case.

A defendant who asked for a continuance to hire a lawyer, or who was told to return with counsel, appears again on the assigned date. A defendant who qualified for a court-appointed attorney is matched with one before trial. Nothing about guilt or innocence is resolved until the trial itself, when the court hears evidence and the defendant may contest the charge.