What happens at a DUI arraignment in Falls Church
You were stopped on Broad Street or maybe on I-66, and the breath test put you over the legal limit. You were arrested, and now you have a date at Falls Church General District Court. The first appearance—the arraignment—is not the trial, but it is the moment your case begins. At that hearing, the judge will read the charge against you and ask how you plead. The court will then set a date for your trial. This is when the Commonwealth’s Attorney learns your position and when you want an experienced attorney already working for you. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your situation before you step into the courtroom at 300 Park Avenue. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
How an attorney changes what happens at arraignment
If you appear alone, you will hear the charge—driving under the influence—and you will be asked to enter a plea of guilty, not guilty, or nolo contendere. A guilty plea at arraignment ends the case that day with a conviction and a sentence. With an experienced defense attorney beside you, the plea is almost certainly “not guilty,” and the judge will schedule your trial. More importantly, your attorney uses the arraignment to request discovery and begin evaluating the evidence: how the stop was conducted, whether the breath test was administered properly, and whether there are grounds to challenge the charge or negotiate with the Commonwealth’s Attorney before trial.
What to expect at a DUI arraignment in Falls Church
The Falls Church General District Court at 300 Park Avenue, Suite 151W, handles all DUI first-offense cases for the city. Arraignments are generally brief: the judge reads the charge, you enter a plea, and the judge sets the next date. But for someone who has never been inside a courtroom, even those few minutes can be overwhelming. Mr. Sris and his Of Counsel team regularly appear at Falls Church General District Court for traffic and DUI matters. They understand the local calendar flow and the approach taken by the Commonwealth’s Attorney’s office in this court. The team can give you a clear picture of what to expect and a realistic assessment of your options before you walk through the doors.
Potential consequences of a DUI in Virginia
A DUI first offense is a Class 1 misdemeanor. The court has the authority to impose up to 12 months in jail, a fine of up to $2,500, and a 12-month license suspension. For a blood alcohol concentration (BAC) of 0.15 or higher, there is a mandatory minimum five-day jail sentence. Beyond the criminal penalty, a conviction carries six DMV demerit points on your driving record, a requirement to complete the Virginia Alcohol Safety Action Program (VASAP), and the possibility of an ignition interlock device. Because the stakes are high, having counsel who knows the Falls Church courtroom can make a significant difference in how your case proceeds. (Results may vary.)
Attorney credentials
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and is a former prosecutor. He practices in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His Of Counsel team includes attorneys with backgrounds as a former Maryland Assistant State’s Attorney and a former Virginia State Trooper, giving them insight into both sides of a DUI case. Over 120 years of combined legal experience between Mr. Sris and his Of Counsel, with 4,739+ documented firm-wide results, informs their approach to each matter. Results may vary.
Frequently Asked Questions
Do I have to attend the arraignment in Falls Church?
Yes. The arraignment is a mandatory court appearance for a DUI charge. If you fail to appear, the judge may issue a bench warrant for your arrest. An attorney can appear with you and may be able to discuss procedural options with the court, but your presence is required unless the court excuses it.
Can my case be resolved at the arraignment?
It is possible but not typical. You could plead guilty and be sentenced that day, but that means a conviction on your record without the opportunity to examine the evidence or negotiate with the Commonwealth’s Attorney. Most DUI cases in Falls Church are continued for a trial date after a not-guilty plea is entered.
How long after the arraignment will my trial be set?
The Falls Church General District Court generally sets trials within four to eight weeks of the arraignment. The exact timeline depends on the court’s calendar and the availability of the Commonwealth’s Attorney and any witnesses. Your lawyer can give you a better estimate once the date is set.
What if I cannot afford an attorney?
If you are financially unable to hire private counsel, you may request a court-appointed attorney at the arraignment. The judge will ask about your financial situation and may appoint the public defender’s office or a private attorney from the court list. Remember that a court-appointed lawyer is still a fully licensed attorney who handles DUI cases in that courthouse.
Does the arraignment affect my driver’s license?
Not directly. The arrest itself triggers an administrative license suspension by the Virginia DMV if you refused the breath test or the BAC was 0.08 or higher. The arraignment is a criminal proceeding and does not address the administrative suspension. You have a separate limited window to challenge the administrative suspension, so speak with a lawyer promptly.
Will the judge consider bail at the arraignment?
If you are in custody, bail conditions will be addressed at the arraignment. For a first-offense DUI, the judge often releases the defendant on personal recognizance. However, factors like prior failures to appear, the presence of an accident, or a very high BAC can influence the bail decision. Your attorney can argue for release on the least restrictive terms.
Can I speak with the Commonwealth’s Attorney at the arraignment?
It is not the practice for the Commonwealth’s Attorney to negotiate with an unrepresented defendant on the day of arraignment. However, your defense attorney can have discussions with the prosecutor on the day of court or shortly thereafter. That is often when discussions about amending the charge or resolving the case begin.
Should I mention I have an attorney at the arraignment?
Yes. When the judge calls your case, inform the court that you are represented by counsel. Your lawyer will indicate their appearance, and the court will note it. This ensures that all future notices are sent to your lawyer and that the Commonwealth’s Attorney knows you have representation.
Can the charge be reduced at the arraignment?
Generally, no. Reductions, such as from DUI to reckless driving, typically happen later after both sides have reviewed the evidence and your lawyer has discussed the case with the Commonwealth’s Attorney. The arraignment is too early in the process for a negotiated resolution, except in the rare case where a pre-arrangement agreement has already been reached.
What happens if I plead not guilty?
The judge will set your case for a bench trial—there is no right to a jury trial in General District Court. Your lawyer will then work to prepare your defense, file discovery motions, and may engage in plea discussions. If you are later convicted, you have the right to appeal to the Circuit Court within 10 days.
For full statutory breakdown, see our comprehensive analysis
This page covers the procedural aspects of a DUI arraignment in Falls Church. For a detailed examination of Virginia’s DUI statute, penalties, and defense strategies, visit our traffic defense practice on srislawyer.com.
Request a consultation
To discuss your DUI arraignment and your options in Falls Church, contact Law Offices Of SRIS, P.C. at (888) 437-7747. The firm’s Fairfax location serves clients at Falls Church General District Court and throughout Northern Virginia. By appointment only.
Also serving: Fairfax County traffic lawyer · Fairfax City traffic lawyer · Prince William County traffic lawyer · Manassas traffic lawyer · Manassas Park traffic lawyer
© 1997–2026 Law Offices Of SRIS, P.C. Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.