What happens at a DUI arraignment in Fairfax
You were pulled over on Route 50 late on a Friday night. The officer asked you to step out, administered field sobriety tests, and placed you under arrest for driving under the influence. Now you have a piece of paper with a court date—this is your arraignment. At the Fairfax County General District Court, the arraignment is your first formal appearance before a judge. It is not a trial, but it is a critical moment: the judge will inform you of the charge, set your next hearing date, and decide whether you will remain free while your case proceeds. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your options before that day arrives. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What should you do at a DUI arraignment in Fairfax County?
An arraignment for a driving-under-the-influence charge in Fairfax County serves several functions. The court will confirm your identity and the charge against you. You will be asked whether you have an attorney. If you do not, the judge will explain your right to counsel and may continue the case so you can retain one. The Commonwealth’s Attorney’s office will provide basic discovery, though the full exchange of evidence comes later. The judge will set a trial date, typically several weeks out, and may address release conditions or bond if you are in custody. The entire proceeding often lasts only a few minutes, but everything that happens—or does not happen—at the arraignment can shape the months ahead. For a detailed analysis of Virginia DUI statutes and defense strategies, see our comprehensive overview.
What to expect when you walk into Fairfax County General District Court
Fairfax County General District Court handles all DUI and other misdemeanor proceedings. The courtroom is located at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030. Plan to arrive early to go through security and locate your courtroom. The docket will be called at the scheduled time; your name will be read, and you will approach the bench with your attorney. The judge will address you directly. Most DUI arraignments are handled in a bench trial format—there is no jury at the General District Court level. If you plead not guilty, the case will be set for a trial date before the same court. If you later wish to appeal a conviction, you may request a de novo trial in the Fairfax County Circuit Court, but that step comes only after the General District Court phase. Mr. Sris and his Of Counsel team regularly appear in Fairfax County General District Court on behalf of clients facing DUI charges.
Virginia DUI penalties: a narrative overview
A first-offense DUI is a Class 1 misdemeanor. Upon conviction, the court may impose up to 12 months in jail, a fine of up to $2,500, and a driver’s license suspension of up to 12 months. The actual sentence depends on facts such as your blood alcohol concentration, whether an accident occurred, and your prior record. The court may also require completion of the Virginia Alcohol Safety Action Program (VASAP) and installation of an ignition interlock device. Second and subsequent offenses carry enhanced mandatory minimums. All of this makes the outcome of your arraignment—and your choice of counsel—deeply consequential. Mr. Sris and his Of Counsel have handled numerous DUI matters in Fairfax County and work to secure the trusted resolution under the facts of each case. Results may vary.
Mr. Sris and his Of Counsel team
Law Offices Of SRIS, P.C. has served clients in Virginia since 1997. Mr. Sris, Owner and Founder, is a former prosecutor who now concentrates his practice on criminal defense, including DUI and traffic matters. His firsthand understanding of how the Commonwealth’s Attorney builds a case informs the firm’s approach from arraignment through trial. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results in DUI defense in the Fairfax County courts. Results may vary. To request a consultation, call (888) 437-7747.
Frequently asked questions about a DUI arraignment in Fairfax
What exactly is a DUI arraignment in Virginia?
An arraignment is the first court hearing after a DUI arrest, where you are formally told the charge against you and enter a plea. At Fairfax County General District Court, the judge will also determine whether you have an attorney, set a trial date, and address any bond or release conditions. It is not a trial; no evidence is presented, and no witnesses testify.
Do I need a lawyer at the arraignment?
You are not legally required to have an attorney at the arraignment, but doing so alone can be risky. An experienced DUI defense lawyer can raise procedural issues, negotiate with the prosecutor, and help you understand the charges and potential defenses before you enter a plea. If you cannot afford a lawyer, the court will appoint one, but that process takes time and may delay your case.
What should I wear to court for a DUI arraignment?
Wear clean, modest clothing—business casual is appropriate. Avoid shorts, tank tops, ripped jeans, or clothing with offensive graphics. The way you present yourself shows respect for the court and can influence how you are perceived.
Can I be released from custody after the arraignment?
If you are held on a DUI charge, the judge may release you on your own recognizance or require a bond. Factors include your ties to the community, prior criminal record, and the severity of the alleged offense. Your attorney can argue for release without bail or for a reasonable bond.
What happens if I plead not guilty at the arraignment?
The judge will enter a not-guilty plea on your behalf and schedule a trial date. You are entitled to contest the charge at a bench trial in General District Court. If convicted, you may appeal the decision to Fairfax County Circuit Court for a new trial.
Will my driver’s license be suspended immediately?
Not automatically at the arraignment. If you refused a breath test, an administrative suspension may already be in effect. For a DUI arrest, the court may impose a license suspension if you are convicted, but this decision typically comes at a later hearing or at sentencing, not at the arraignment itself.
What should I bring to my arraignment?
Bring the summons or any paperwork you received at release, a form of identification, and a method of payment if you need to post bond. If you have retained an attorney, bring their contact information so the court can confirm representation.
How long will the arraignment take?
In Fairfax County, the arraignment itself may last only a few minutes, but you may wait in the courtroom while other cases are called. Plan to be present for the entire morning session unless your attorney advises otherwise.
What is the difference between DUI and DWI in Virginia?
Virginia law uses “DUI” and “DWI” interchangeably; both refer to driving while intoxicated. There is no legal distinction between the terms in Virginia, though some other states treat them differently.
Can I speak directly with the prosecutor at the arraignment?
You should never speak with the prosecutor without your attorney present. Anything you say can be used against you. Your lawyer will communicate with the Commonwealth’s Attorney on your behalf and handle all negotiations.
What if I miss my arraignment?
A missed arraignment can result in a bench warrant for your arrest, additional charges for failure to appear, and the loss of your bond. Contact an attorney immediately if you cannot make the scheduled date so they can inform the court and request a continuance.
How do I find the right DUI attorney in Fairfax?
Look for a lawyer who regularly practices in Fairfax County General District Court and has experience handling DUI cases. Mr. Sris and his Of Counsel have represented numerous clients in that courthouse since the firm’s founding in 1997. To discuss your arraignment, call (888) 437-7747.
Take the next step
Your DUI arraignment in Fairfax County is an opportunity to start building your defense. Mr. Sris and his Of Counsel team are available to represent you at the General District Court on Chain Bridge Road. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Our Fairfax location is at 4008 Williamsburg Court, Fairfax, VA 22032. By appointment only.
For a complete statutory breakdown of Virginia DUI law, see our comprehensive guide.
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.