What happens at a DUI arraignment in Henrico County
You were pulled over late on I-64, arrested for DUI, and now you have a paper telling you to appear at the Henrico County General District Court on East Parham Road. You are not alone — Henrico County sees hundreds of DUI arrests each year. That first court date is called an arraignment, and it sets the direction of your entire case. Law Offices Of SRIS, P.C. focuses on DUI defense in Henrico County, and we know the court’s procedures firsthand. Call (888) 437-7747 to discuss your arraignment before you walk in.
Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Your options at a Henrico County DUI arraignment
The arraignment is not your trial — it is the first formal proceeding where the judge reads the charge and you enter a plea. But the decisions you make that day, especially about legal representation, can affect everything that follows. You have three basic paths:
- Appear without counsel and plead not guilty. The judge will ask if you want a lawyer. If you cannot afford one, the court may appoint a public defender based on financial eligibility. The case will be continued for a pretrial hearing.
- Appear with private counsel. An attorney who practices in Henrico County General District Court can enter a not-guilty plea, argue for release terms that fit your circumstances, and begin advocating for you immediately — often before the ink is dry on the citation. Mr. Sris and his Of Counsel team, which includes lawyers with prior law enforcement and prosecutorial experience, approach arraignments prepared to address bond, driver’s license issues, and the evidence the prosecution intends to use.
- Plead guilty. A guilty plea at arraignment waives your right to a trial and results in immediate sentencing. For a first-offense DUI in Virginia — a Class 1 misdemeanor — the judge can impose jail time, a fine, and license suspension on the spot. This is almost never in your interest without first reviewing the evidence with counsel.
What to expect when you go to court for a DUI arraignment in Henrico County
Henrico County General District Court, located at 4301 East Parham Road, handles all DUI arraignments for the county. You will receive a summons or a bond paper with the date, time, and courtroom number. Here is what typically happens once you arrive:
Check‑in and waiting. You will find a list of cases outside the courtroom. Find your name, note the courtroom, and wait for your case to be called. The court has a security checkpoint, so plan for that and leave anything you would not bring through an airport scanner at home.
The judge will advise you of the charge. The charge reading is usually brief — the judge will state the code section (Va. Code § 18.2-266) and the facts alleged, such as the location of the stop and the reported blood alcohol content. You will be asked if you understand the charge and whether you wish to have an attorney.
Plea entry. The judge will ask for your plea. At the arraignment, the court expects to hear “guilty,” “not guilty,” or, in rare cases, “nolo contendere.” If you are not represented, the judge will confirm that you know your right to counsel and may give you a short continuance to find an attorney.
Release conditions and bond review. If you were released on a summons, the court will usually continue you on the same terms. If you are in custody, the judge will consider whether to set bond, modify existing bond conditions, or release you on your own recognizance. Factors the court weighs include your ties to the community, prior record, and the nature of the charge. An attorney can present information that may influence the judge’s decision on conditions such as travel restrictions, alcohol monitoring, or pretrial services.
Next steps. Once a not-guilty plea is entered and bond is addressed, the case will be continued for a pretrial hearing or a trial date. The court’s calendar, not a fixed number of days, controls the schedule. Between the arraignment and the next date, your attorney can file motions, request discovery, and speak with the Commonwealth’s Attorney about the facts of your case.
Penalties for DUI in Virginia — why the arraignment matters
A first-offense DUI in Virginia is a Class 1 misdemeanor, carrying up to 12 months in jail, a fine of up to $2,500, and a 12-month driver’s license suspension. A conviction also means six demerit points on your driving record and a permanent criminal record. Because the penalties are serious, the way your case is handled from the very start — at the arraignment — can influence everything that follows. For example, an attorney who appears with you may be able to identify early issues with the traffic stop or the breath test that could lead to a reduction or dismissal down the line. The Commonwealth’s Attorney’s office does not typically engage in plea negotiations at the arraignment itself, but the posture of your case begins to take shape the moment you walk into court.
About Mr. Sris and his Of Counsel team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997. He is a former prosecutor who practices across Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and his Of Counsel bring substantial courtroom experience to DUI defense in Henrico County; the team includes attorneys with prior law enforcement and prosecutorial backgrounds that inform how they evaluate DUI arrests and the evidence supporting the charge. Because the firm keeps its caseload intentionally lean, every client receives focused attention. Over 120 years of combined legal experience between Mr. Sris and his Of Counsel and 4,739+ documented firm-wide results inform the strategies they develop for each case. Results may vary.
Frequently Asked Questions about DUI arraignments in Henrico County
Do I need a lawyer for a DUI arraignment in Henrico County?
Yes, having an experienced DUI defense attorney at your arraignment can help protect your rights and potentially secure more favorable release conditions. An attorney can also begin the process of challenging the evidence before the case progresses. The Henrico County General District Court will allow you time to obtain counsel if you request it, but having representation from the first appearance puts your case in a stronger position.
What should I bring to my DUI arraignment?
Bring a copy of your summons or citation, a valid form of identification, and any paperwork related to your release. You should also bring contact information for your attorney, if you have one. The court will expect you to provide accurate personal details for administrative processing, so having documents on hand avoids delays. Do not bring weapons, cameras, or anything that might cause a security screening issue.
Can the judge send me to jail at the arraignment for a DUI in Henrico County?
If you appear on a summons, it is unlikely that the judge will order jail time at the arraignment for a first-offense DUI, absent aggravating circumstances. If you are already in custody, the court will determine bond conditions. The judge has the authority to set or deny bond based on the facts of your case, your history, and community ties. An attorney can present relevant information to support an argument for release on your own recognizance or a reasonable bond.
Will my driver’s license be suspended at the arraignment?
No, your driver’s license is not suspended automatically at the arraignment. For a DUI charge in Virginia, an administrative license suspension may have already occurred if you refused a breath test or had a blood alcohol concentration of 0.08 or above when arrested. The court at arraignment does not typically enter a new suspension unless the charge triggers a mandatory suspension under a separate statute, such as for a second offense. The final suspension is a consequence of conviction, not the arraignment.
How long does a DUI arraignment take in Henrico County General District Court?
The arraignment itself usually takes only a few minutes once your case is called. However, you should plan to be at the courthouse for an hour or more because many cases are on the docket that day. The court processes cases in the order they appear on the docket, and waiting times vary. The courthouse opens at 8:00 a.m., and it is wise to arrive early to find your courtroom and check in.
What happens after the arraignment?
After a not-guilty plea is entered, the court will set a date for a pretrial hearing or a trial. Your attorney will receive the initial discovery from the Commonwealth’s Attorney and can begin examining the evidence, including the arresting officer’s narrative, the breath or blood test results, and any video or audio recordings. Motions to suppress evidence or other pretrial motions may be filed before the next court date, and your attorney will advise you on the trusted course of action based on the facts of your case.
Related legal services in the Richmond area:
Traffic lawyer in Chesterfield County ·
Traffic lawyer in Hanover County ·
Traffic lawyer in Fairfax County
Primary legal sources:
Virginia Code Title 18.2 ·
Henrico County General District Court ·
Virginia Judicial System
Our Richmond location:
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Drive, Suite 300, Room 395
Richmond, VA 23225
By appointment. Call (888) 437-7747 to schedule.
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.