What happens at a DUI arraignment in Chesterfield County
A DUI arraignment in Chesterfield County is your first appearance in the Chesterfield County General District Court after a driving-under-the-influence arrest. The purpose of the arraignment is to inform you of the charge, advise you of your rights, address bail and bond conditions, and schedule future proceedings. You will stand before a judge, and the Commonwealth’s representation will formally read the charge under Va. Code § 18.2-266. You have the right to counsel, and if you cannot afford an attorney, the court will determine your eligibility for court-appointed counsel. Mr. Sris and the firm’s Of Counsel attorneys handle DUI matters throughout Chesterfield County, and they can advise you before you enter a plea. To discuss your DUI arraignment, contact Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What to Expect at a Chesterfield County DUI Arraignment
The Chesterfield County General District Court at 9500 Courthouse Road, Chesterfield, VA 23832 hears all DUI first-appearance proceedings. Arrive early; court business hours are Monday through Friday from 8:00 a.m. To 4:00 p.m. When the docket is called, the judge will read the DUI charge and explain the maximum penalties—since a first-offense DUI is a Class 1 misdemeanor in Virginia, you face up to 12 months in jail, a fine of up to $2,500, and a 12-month driver’s license suspension. The court will also advise you of your right to an attorney and your right to a trial. You will be asked to enter a plea of guilty, not guilty, or nolo contendere. For an unrepresented defendant, the court typically advises entering a plea of not guilty and continuing the matter to allow you to hire counsel. The judge will then set bail or bond conditions, and future dates will be assigned. DUI cases are not prepayable; your personal appearance is mandatory.
At arraignment, the judge may also consider motions for discovery, bond review, or administrative license-suspension issues. If you already have an attorney, counsel may appear with you, waive a formal reading of the charge, and enter a not-guilty plea on your behalf. Local practice in Chesterfield County often allows attorneys to file motions for discovery at or shortly after the arraignment, helping prepare the defense for the trial date, which is generally scheduled within four to eight weeks. Plea bargaining is permitted under Rule 3A:8 of the Rules of the Supreme Court of Virginia; the Commonwealth’s Attorney and defense counsel may negotiate a plea agreement, which the court may accept or reject. Because a DUI conviction carries a permanent criminal record, as well as mandatory alcohol-safety education and ignition-interlock requirements for certain BAC levels, having counsel review the charging documents and police reports before the next hearing is essential.
Frequently Asked Questions
Is a DUI arraignment mandatory in Chesterfield County?
Yes, you must appear in person for a DUI arraignment in Chesterfield County because DUI is a criminal misdemeanor offense, not a payable traffic ticket. The Chesterfield County General District Court requires the defendant’s presence to be informed of the charge, to address bond, and to enter a plea. Missing the arraignment can result in a capias warrant for your arrest. If an attorney has entered a written appearance on your behalf, the court may allow counsel to appear without you for certain procedural matters, but the arraignment itself requires your attendance.
What plea should I enter at my DUI arraignment?
You should generally plead not guilty at arraignment, especially if you do not yet have an attorney. Entering a not-guilty plea preserves your right to challenge the evidence, file motions, and negotiate with the Commonwealth’s Attorney. Pleading guilty at arraignment waives those rights and results in immediate sentencing. The judge will usually advise an unrepresented defendant to plead not guilty and return with counsel. An experienced DUI attorney can assess the arrest, the breath or blood test results, and any procedural issues before deciding how to proceed.
Can I get a continuance for my arraignment?
A continuance at the arraignment stage is possible, particularly if you need more time to hire an attorney. The judge has discretion to continue the matter to another date to allow you to consult with counsel. You should be prepared to explain the reason for the request. However, the court will not grant unlimited continuances, and you remain subject to bail conditions and any license-suspension periods while the case is pending. An attorney can request a continuance on your behalf and handle the scheduling with the court.
What happens if I miss my DUI arraignment in Chesterfield County?
If you miss your arraignment, the judge will issue a capias warrant for your arrest and may order your bond forfeited. You then face arrest and may be held without bond until a new hearing. The court treats failure to appear seriously, especially in a criminal matter. You should immediately contact an attorney if you have missed a court date; counsel may be able to file a motion to recall the capias and have your case reinstated on the docket.
Do I need a lawyer for a DUI arraignment?
You are not required to have a lawyer at arraignment, but having one is strongly recommended. An attorney can enter a plea on your behalf, address bond conditions, begin discovery, and set the defense strategy from the outset. Mr. Sris and the firm’s Of Counsel attorneys represent clients at Chesterfield County General District Court in DUI matters, and they understand local court practices and the approach of the Commonwealth’s Attorney’s office. To discuss your arraignment, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How soon after my arrest will my arraignment be scheduled?
The Chesterfield County General District Court generally schedules a DUI arraignment within a few weeks of the arrest. If you were released on a summons, the court date printed on that document often serves as the arraignment date. If you were held in custody, you may be brought before a magistrate or judge even sooner, sometimes the next business day, for an initial appearance addressing bail. The exact timing depends on the court’s docket volume. You should begin consulting an attorney as soon as possible.
What are the potential penalties for a DUI conviction in Chesterfield County?
A first-offense DUI conviction in Virginia is a Class 1 misdemeanor carrying up to 12 months in jail, a fine of up to $2,500, a 12-month license suspension, and mandatory completion of the Virginia Alcohol Safety Action Program. The court may also require an ignition interlock device for a period of time, particularly if your blood alcohol concentration was 0.15 or higher. A conviction creates a permanent criminal record, and subsequent offenses within ten years bring enhanced mandatory minimum jail sentences. Because each case is unique, the final sentence depends on the specific facts and any plea negotiations.
Can I have my arraignment by video?
The Chesterfield County General District Court generally requires in-person appearance for criminal arraignments, though video appearances are permitted in limited circumstances. If you are represented by counsel, the court may allow your attorney to appear on your behalf for certain tasks, but the judge typically wants the defendant physically present at the first hearing to ensure you understand the charge and your rights. During the COVID-19 public-health emergency, the court expanded video hearing access, but in-person proceedings remain the standard. Check with the clerk’s office or your attorney for the most current practice.
What documents should I bring to my DUI arraignment?
Bring a copy of your summons or citation, any bail documents, and a valid government-issued photo ID. If you have already consulted an attorney, bring the attorney’s contact information. If you intend to ask for court-appointed counsel, bring proof of income and financial obligations, as the court will evaluate your eligibility. Do not bring weapons, and leave prohibited items at home. Arriving early allows you to meet with any attorney you have retained before the docket is called.
What if I am from out of state and face a DUI arraignment in Chesterfield County?
Out-of-state drivers charged with DUI in Chesterfield County must still appear for arraignment in the Chesterfield County General District Court. A Virginia DUI conviction will be reported to your home state under the Driver License Compact, likely resulting in license consequences in your home jurisdiction as well. Mr. Sris and the firm’s Of Counsel attorneys handle out-of-state DUI defendants and can often appear on your behalf for certain proceedings, though your personal presence is generally required at arraignment. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss how out-of-state residency affects your case.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997. He is a former prosecutor who uses that trial experience to build defenses for clients facing DUI charges in Chesterfield County and throughout Virginia. 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 Of Counsel attorneys include attorneys with direct law-enforcement experience, such as a former Virginia State Trooper, as well as former prosecutors who understand how the Commonwealth builds a DUI case. The collective experience of Mr. Sris and the firm’s Of Counsel attorneys allows the firm to assess the strength of the evidence, challenge the traffic stop and chemical testing, and work toward a resolution that protects your driving privileges and criminal record. For a consultation about your DUI arraignment, call (888) 437-7747.
For related legal support in nearby counties, see also:
Henrico County Traffic Lawyer | Hanover County Traffic Lawyer | Fairfax County Traffic Lawyer
Additional resources:
Chesterfield County General District Court — official court page with docket and contact information.
Virginia Code Title 18.2 — Crimes and Offenses Generally — the statutes governing DUI and related offenses.
Last reviewed: July 2026
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