What happens at a DUI arraignment in Chesapeake
When a person is charged with driving under the influence in Chesapeake, Virginia, the first scheduled court date is known as the arraignment. At this initial appearance before the Chesapeake General District Court, the defendant is formally informed of the charge and asked to enter a plea. The arraignment is not a trial; it is a procedural step that sets the course for the case. The judge will explain the rights that apply, including the right to counsel, and will address conditions of release pending further proceedings. DUI is a Class 1 misdemeanor under Virginia law and carries the possibility of jail time and a fine upon conviction. Having legal representation at this early stage can significantly influence how the case proceeds. For immediate assistance, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What to Expect During a DUI Arraignment in Chesapeake
A DUI arraignment in Chesapeake takes place at the Chesapeake General District Court, located at 307 Albemarle Drive, Chesapeake, VA 23322. The proceeding is typically brief. The judge will read the charge aloud—commonly a violation of Va. Code § 18.2-266—and confirm that the defendant understands it. You will then be asked how you plead. The available pleas are not guilty, guilty, or nolo contendere. If you plead not guilty, the court will set a trial date. If you plead guilty or nolo contendere, the court may either proceed directly to sentencing or schedule a sentencing hearing. Before entering any plea, you have the right to consult with an attorney. The judge will also address bail or personal recognizance status, and if you have not yet hired counsel, the court will inquire whether you intend to do so or need a court-appointed lawyer. Because a DUI conviction can result in up to twelve months in jail and a fine, making an informed plea decision is critical.
Frequently Asked Questions
What is a DUI arraignment?
A DUI arraignment is the court hearing at which the defendant is formally told what charge has been brought and is asked to enter a plea. It happens early in the process, before any trial. The judge ensures the defendant knows the charge and their rights. No evidence is presented at arraignment. The defendant’s response—guilty, not guilty, or nolo contendere—determines the next steps. It is wise to have a lawyer present to help you decide how to plead.
Do I need a lawyer for my DUI arraignment in Chesapeake?
You are not legally required to have a lawyer, but it is strongly recommended that you consult one before entering a plea. DUI carries serious potential penalties, and how you plead at arraignment can affect your ability to challenge the evidence later. A lawyer can also discuss whether a continuance would be appropriate. If you cannot afford counsel, you may request a court-appointed attorney at the arraignment. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your case before your court date.
What happens if I plead guilty at my arraignment?
A guilty plea means you are admitting the offense and the court will either sentence you immediately or set a separate sentencing hearing. A DUI conviction under Va. Code § 18.2-270 can bring up to twelve months in jail and a fine, plus license suspension. The judge will also order any required programs such as VASAP. Because a guilty plea creates a criminal record, it is generally best not to plead guilty without legal advice.
What happens if I plead not guilty at my arraignment?
Pleading not guilty means you contest the charge, and the court will schedule a trial date. At trial, the Commonwealth’s Attorney must prove the DUI charge beyond a reasonable doubt. You can present evidence and challenge the officer’s observations or chemical test results. If you are found not guilty, the charge is dismissed. If you are convicted, sentencing follows. To discuss a possible not-guilty plea, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can I ask for more time at my arraignment?
Yes, you or your attorney may request a continuance, and the court may grant it for good cause. Common reasons include needing time to hire a lawyer, obtain discovery, or review the evidence. The judge has discretion to grant or deny the request. Asking for a continuance does not hurt your case, but you should be prepared to explain why the additional time is needed.
Will my driver’s license be suspended at the arraignment?
The arraignment itself does not suspend your license, but Virginia’s administrative suspension takes effect separately if you are charged with DUI and had a BAC of 0.08% or more or refused the test. The DMV will impose a suspension, and the court may later suspend your license upon conviction. Your attorney can explain the interplay between the administrative action and the criminal case.
What should I bring to my DUI arraignment?
You should bring your copy of the summons or citation, any paperwork about your release or bond, and a government-issued ID. If you have previously been convicted of a driving offense, bring documentation of that history as well. Having a list of questions for your lawyer is helpful. If you have hired an attorney, bring their contact information.
What is the difference between a first offense DUI and a felony DUI arraignment?
A first-offense DUI is a Class 1 misdemeanor; a third or subsequent DUI within ten years is a felony. The arraignment procedure is similar, but the possible sentence is far more severe for a felony—up to several years in prison. Bail conditions may also be stricter. Regardless of the charge, having an attorney present at arraignment is essential.
How does the Chesapeake General District Court handle DUI arraignments?
At the Chesapeake General District Court, the judge will call the case, confirm your identity, and advise you of the charge and your rights. The court at 307 Albemarle Drive, Chesapeake, VA 23322 handles misdemeanor DUI arraignments. The process is efficient, and the judge will ensure you understand each step. If you do not have a lawyer, the judge will ask whether you intend to hire one or need a court-appointed attorney.
What happens after the arraignment?
If you pleaded not guilty, the court will set a trial date; if you pleaded guilty, a sentencing hearing may follow. Your attorney can also negotiate with the Commonwealth’s Attorney before trial. The timeline depends on the court’s calendar. To discuss your next steps, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can I get a court-appointed lawyer for a DUI in Chesapeake?
If you cannot afford an attorney, you may request a court-appointed lawyer at the arraignment. The judge will evaluate your financial situation using a standard form. If you qualify, the court will assign an attorney to your case. It is important to be honest about your finances, as misrepresentation can lead to repayment obligations or other consequences.
What if I miss my DUI arraignment?
Missing your arraignment can result in a bench warrant for your arrest and additional charges for failure to appear. If an emergency prevents you from attending, contact your lawyer or the court immediately. The court may recall a warrant if you can explain the absence, but it is best not to miss a court date. Always confirm the date and time of your arraignment and plan to arrive early.
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 founded the firm in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background includes testimony before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary. For a consultation, contact the firm at (888) 437-7747.
For representation in other Virginia localities, see our related pages:
Primary sources: Virginia Code · Virginia Courts
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.