What happens at a DUI arraignment in Lexington
If you have been charged with driving under the influence and are scheduled to appear at the Lexington General District Court, your first court date will be an arraignment. This is not the trial. At the arraignment, the judge will read the charge against you, confirm that you understand your rights, and ask how you plead. You may enter a plea of guilty, not guilty, or nolo contendere. Because a DUI conviction in Virginia carries serious consequences—including jail time, license suspension, and a permanent criminal record—you should speak with a defense attorney before entering any plea. This page explains what to expect at the arraignment, what follows, and how Mr. Sris and his Of Counsel can assist you. Reach our location at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding the arraignment process in Lexington
In Virginia, a DUI charge is a criminal offense. The arraignment is the first step in the judicial process. At Lexington General District Court, located at 2 South Main Street, Lexington, VA 24450, the judge will call your name, read the charge—typically a violation of Va. Code § 18.2-266—and explain the possible penalties. You will be asked whether you have an attorney or need court-appointed counsel. If you do not have a lawyer, the court will determine whether you qualify for a public defender based on your financial circumstances. Entering a plea at arraignment is not mandatory; many defendants request a continuance to retain private counsel. Mr. Sris and his Of Counsel have represented clients in this court and can discuss the trusted path forward for your circumstances.
After the arraignment, the court will set a date for a trial or a preliminary hearing if the charge is a felony. For a first-offense DUI, which is a Class 1 misdemeanor, the case proceeds to a bench trial before the general district court judge. At trial, the Commonwealth must prove each element of the offense beyond a reasonable doubt. Mr. Sris and his Of Counsel will examine the evidence, including the results of any breath or blood test, the validity of the traffic stop, and the officer’s observations. A well-prepared defense can lead to a dismissal, an amended charge, or a favorable outcome at sentencing.
What follows the arraignment
After your arraignment, the court will schedule a trial date typically within four to eight weeks. During this period, your defense attorney will review the discovery, file motions to suppress evidence if appropriate, and negotiate with the Commonwealth’s Attorney. In Lexington, the Commonwealth’s Attorney may agree to amend a first-offense DUI to reckless driving or another lesser charge, but this depends on the specific facts and your prior record. If the case is not resolved, the matter goes to trial. If convicted, you face 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 (VASAP). Because the arraignment sets the case in motion, it is essential to have an attorney by your side from this very first hearing.
A first-offense DUI in Virginia is a Class 1 misdemeanor punishable by up to 12 months in jail, a maximum $2,500 fine, and a 12-month driver’s license suspension.
Source: Va. Code § 18.2-270. Virginia Code
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and his Of Counsel handle DUI cases in Lexington
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced criminal defense since 1997. His understanding of how the Commonwealth builds a DUI case allows him to identify weaknesses in the prosecution’s evidence. He works alongside Of Counsel attorneys Kristen M. Fisher, a former Maryland Assistant State’s Attorney, and Bryan Block, a former Virginia State Trooper, who bring insight into police procedures and courtroom strategy. Together, they review the traffic stop, the administration of field sobriety tests, and the calibration of the breath-test machine. They will appear with you at the arraignment, advise you on your plea, and develop a defense tailored to the facts of your case.
Mr. Sris and his Of Counsel have documented over 4,739 case results since 1997, including 14 traffic-related outcomes in Lexington City alone—one dismissal and thirteen charge amendments. Results may vary. For a consultation about your upcoming arraignment, reach our location at (888) 437-7747.
Frequently Asked Questions
Do I need a lawyer at my DUI arraignment in Lexington?
While you are not required to have a lawyer at the arraignment, having an attorney present can affect the course of your case. The arraignment is your first opportunity to challenge the charges or request a continuance. Without an attorney, you may inadvertently waive important rights or make statements that can be used against you later. An experienced defense attorney can advise you on the plea to enter, negotiate bail conditions, and begin building a defense immediately. Mr. Sris and his Of Counsel regularly appear in Lexington General District Court and can protect your interests from the outset.
What should I bring to my arraignment in Lexington?
Bring your summons, any citation or bond paperwork, a form of identification, and contact information for your attorney. You should also bring any documents related to your case, such as the police report, breath-test results, and witness contact information. Arrive at 2 South Main Street, Lexington, VA 24450, at least 15 minutes before the time listed on your summons. Dress respectfully and avoid discussing the facts of your case with anyone other than your lawyer. If you have not yet retained an attorney, the court may allow you a short continuance to secure representation.
Can I plead not guilty at the arraignment?
Yes, you may plead not guilty at the arraignment, and a trial date will be set. A not-guilty plea preserves your right to challenge the prosecution’s evidence. The court will then schedule a bench trial where the judge will hear the evidence and decide the case. Before entering any plea, it is prudent to consult with an attorney who can evaluate the strength of the Commonwealth’s case and advise you on the trusted course of action. In many instances, a trial can be avoided through negotiation if your attorney identifies a viable defense.
What happens if I plead guilty at the arraignment?
If you plead guilty at the arraignment, the judge will proceed to sentencing—often immediately. The court will consider the prosecutor’s recommendation, your driving record, and any aggravating factors. For a first-offense DUI, the mandatory minimum penalties include a $250 fine, a 12-month license suspension, and alcohol education. However, the judge has discretion to impose up to 12 months in jail. Pleading guilty without obtaining legal advice can result in a harsh sentence that might have been avoided through negotiation or a suppression motion. Mr. Sris and his Of Counsel can help you decide whether a guilty plea is in your best interest.
How long after the arraignment will my trial be scheduled?
Trial is typically scheduled within four to eight weeks after the arraignment, depending on the court’s calendar. In the interim, your attorney will file any pretrial motions, subpoena witnesses, and review discovery. If the prosecution makes a plea offer, your attorney will discuss it with you and recommend whether to accept or proceed to trial. If you are convicted in the general district court, you have the right to appeal to the circuit court within ten days and receive a new trial. Preparing a defense early is critical, and the time between arraignment and trial is when the most effective work is done.
Can my DUI charge be reduced in Lexington?
Yes, a DUI charge can sometimes be reduced through negotiation with the Commonwealth’s Attorney. Depending on the facts—such as a borderline breath-test result, an inconsistent field sobriety test, or a valid legal challenge to the stop—the prosecutor may agree to amend the charge to reckless driving or another lesser offense. In Lexington, Mr. Sris and his Of Counsel have obtained charge amendments in many traffic cases. Fourteen documented outcomes in this locality include one dismissal and thirteen reductions. Results may vary. and every case is different.
What are the consequences of a DUI conviction in Virginia?
A DUI conviction in Virginia triggers a criminal record, fines, license suspension, and mandatory alcohol education. For a first offense, the court imposes a minimum fine of $250, a 12-month license suspension (with possible restricted privileges), and a requirement to complete VASAP. You will also receive demerit points on your driving record. If your blood alcohol content was 0.15% or above, there is a mandatory minimum of five days in jail. A conviction remains on your driving record for 11 years and can affect employment, professional licenses, and insurance rates.
Should I complete a driver improvement clinic before my arraignment?
While not required, completing a Virginia-certified driver improvement clinic before your arraignment can be beneficial. It demonstrates to the court that you are taking the charge seriously and may influence the judge’s sentencing decision or the prosecutor’s willingness to offer an amendment. Mr. Sris and his Of Counsel often advise clients to enroll in such a program early in the process. However, do not enroll without legal guidance; your attorney can help you determine whether it is appropriate in your case and how to document it properly.
What if I am an out-of-state driver charged with DUI in Lexington?
Out-of-state drivers face the same Virginia DUI penalties, plus potential consequences under their home state’s laws. Interstate compacts require your home state to be notified of a Virginia DUI conviction, which can lead to additional license suspension or revocation there. Mr. Sris and his Of Counsel represent out-of-state drivers and, in many cases, can appear in court on your behalf without you needing to return to Virginia. This saves you travel time and expense while ensuring your rights are protected. Reach our location at (888) 437-7747 to discuss your situation.
How much does it cost to hire a DUI lawyer for an arraignment?
Fees vary by case and depend on the complexity of the matter and whether the case resolves at arraignment or proceeds to trial. Law Offices Of SRIS, P.C. offers a consultation to discuss your case. During that consultation, you will learn about the defense strategy, what to expect at the arraignment, and the fee arrangement. Payment plans may be available. Contact our location at (888) 437-7747 to schedule a consultation and obtain a fee quote tailored to your situation.
About Mr. Sris and his Of Counsel team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing criminal defense since 1997. A former prosecutor, he understands how the Commonwealth builds a DUI case and uses that knowledge to craft a defense. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His Of Counsel team includes Kristen M. Fisher, a former Maryland Assistant State’s Attorney, and Bryan Block, a former Virginia State Trooper, whose insights into police procedures strengthen every traffic case. Together, they bring over 120 years of combined legal experience. Results may vary.
To speak with an attorney about your DUI arraignment, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
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.