What happens at a DUI arraignment in Henrico County

You were driving back from a late dinner in Short Pump when a Henrico County patrol officer pulled you over for crossing the fog line. After a field sobriety test and a breath sample that registered above the legal limit, you were arrested for DUI. Now you have a piece of paper with a court date and the words “Henrico County General District Court” at the top. What happens at that first court appearance — and what should you do before you walk through the courthouse door? If you have been charged with driving under the influence, understanding the arraignment process is the first step toward protecting your driving privileges and your record. To discuss your case with an experienced Henrico County DUI defense team, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Last reviewed: July 2026

What to expect at your DUI arraignment in Henrico County

An arraignment is the first formal hearing in a criminal case. For a DUI charge filed in Henrico County, the arraignment takes place at the Henrico County General District Court, located at 4301 East Parham Road, Henrico, VA 23228. The purpose of the arraignment is not to determine guilt or to hear evidence; rather, the judge informs you of the charge, asks you to enter a plea, and sets the schedule for the next steps in the case. In virtually every DUI case, the plea entered at arraignment is “not guilty,” which preserves all your legal rights and begins the process of examining the evidence against you.

At the arraignment, the judge will also address any bond or release conditions. If you were released on a summons, as many first-offense DUI defendants are, you will likely remain free without the need for bail. However, if there are aggravating factors — such as a very high blood alcohol concentration, an accident, or a prior record — the prosecutor may ask the court to impose additional conditions, such as alcohol monitoring or a restriction on driving. Having an attorney present at this stage can help you present a complete picture to the court so that the conditions set are measured and reasonable. After the arraignment, the court will schedule a trial date, typically giving you and your attorney time to investigate the stop, review the breath-test records, and discuss possible resolutions with the Commonwealth’s Attorney.

How Mr. Sris and his Of Counsel approach DUI defense in Henrico County

When you hire Law Offices Of SRIS, P.C., you get a defense team that understands both sides of a DUI prosecution. Mr. Sris is a former prosecutor who has handled criminal trials and understands how the Commonwealth builds its case. Equally important, the firm’s Of Counsel includes a former Virginia State Trooper who spent years conducting traffic stops and DUI investigations — a perspective that helps the team identify procedural missteps in the arrest and evaluate whether the evidence can be challenged. Together, Mr. Sris and his Of Counsel bring extensive combined legal experience to every Henrico County DUI matter. Results may vary.

The first task after arraignment is to obtain and review the discovery materials: the police report, the calibration records for the breath-test device, the dash-camera or body-worn-camera video, and any witness statements. Mr. Sris and his Of Counsel scrutinize every step of the stop — from the reason the officer initiated the contact to the administration of field sobriety tests and the handling of the breath sample. If a constitutional or statutory violation occurred, the defense team may file a motion to suppress evidence. Often, issues with the evidence can form the basis for a negotiated resolution that reduces the charge to a lesser offense or secures a favorable sentence outcome. While every case is unique, having experienced counsel who is familiar with the prosecutors, judges, and procedures in the Henrico County courthouse can make a meaningful difference.

For a full breakdown of Virginia’s DUI statutes and the collateral consequences of a conviction, see our comprehensive analysis on our main site: Virginia DUI Defense Overview.

Frequently asked questions

What is the difference between a DUI arraignment and a trial?

The arraignment is the initial court appearance where you are formally told the charge and enter a plea; the trial is the later proceeding where the Commonwealth must prove its case beyond a reasonable doubt. At arraignment, no witnesses testify and no evidence is presented. An arraignment is a procedural hearing, not a trial. After a not-guilty plea is entered, the court sets a trial date. In the weeks between arraignment and trial, your attorney investigates the evidence, files any necessary motions, and negotiates with the prosecutor. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Will I be sent to jail at my arraignment?

For most first-offense DUI defendants, the court does not order jail at the arraignment. If you were released on a summons after your arrest, you will typically remain free pending trial unless the prosecution asks the court to revoke your bond. However, if your case involves an accident with injury, a very high BAC, or a prior record, the prosecutor may request additional conditions such as alcohol monitoring or a no-driving order. Having an experienced attorney present gives you the trusted opportunity to argue that your release should continue without onerous restrictions. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Can I get my license back after a DUI arrest?

Yes, but the path depends on the type of suspension and whether you request an administrative hearing. In Virginia, a DUI arrest triggers an automatic seven-day administrative license suspension under Va. Code § 18.2-268.3 if your breath test result was 0.08 or above or if you refused the test. After that, you may be eligible for a restricted license that allows you to drive to work, school, and certain other places. The court can also order a longer suspension upon conviction. Filing for a restricted license requires specific paperwork and a court hearing; having counsel handle the process helps you avoid gaps in your driving privileges. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.

Do I need a lawyer for my arraignment?

While you have the right to appear without counsel, having a lawyer at your DUI arraignment is strongly advisable. An attorney can address bond conditions, advise you whether to waive a formal reading of the charge, and begin discussing the case with the prosecutor immediately. Even more important, an attorney who has already been retained before the arraignment can begin investigating your case right away, which may influence the scheduling of future court dates and the strategy for challenging the evidence. The stakes of a DUI conviction — jail time, fines, license loss, and a permanent criminal record — are too high to navigate without experienced representation.

What should I bring to my first court date?

Bring your summons, your driver’s license (if it was not taken at the arrest), and a copy of any paperwork you received from the police. If you completed a Virginia Alcohol Safety Action Program (VASAP) assessment before court, bring the enrollment documentation. Dress respectfully — business attire is appropriate — and plan to arrive early because the courthouse has security screening. Leave your phone in the car if possible; many courts do not allow phones inside. Your attorney will tell you exactly where to go and when you need to be present. If you are represented, the lawyer handles the paperwork and court interactions while you watch and answer the judge’s questions briefly.

Can the charges be reduced at the arraignment?

Charges are rarely reduced at the arraignment itself, but that does not mean a reduction is impossible later. In Henrico County, as in the rest of Virginia, the Commonwealth’s Attorney may agree to amend the charge from DUI to a lesser offense such as reckless driving or improper driving if the evidence supports it and the defendant is willing to take responsibility. This negotiation typically takes place in the weeks after arraignment, after your attorney has reviewed the discovery. Reducing the charge can spare you the mandatory license suspension, the criminal record, and the higher insurance costs of a DUI conviction. That is why having an attorney who understands the local practice is crucial from the very start of your case.

Get experienced counsel for your Henrico County DUI charge

A DUI arrest is disruptive and frightening, but the days between your arrest and your arraignment are the most important period for building your defense. Mr. Sris and his Of Counsel serve clients in Henrico County and appear regularly at the Henrico County General District Court. With a former prosecutor and a former Virginia State Trooper on your side, you have a defense team that knows how the police build a DUI case and how to challenge the evidence effectively. To schedule a consultation, call (888) 437-7747. Phones are answered 24 hours a day, 365 days a year. Meetings are by appointment at our Richmond Location, 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225.

Related legal pages:

• Traffic lawyer in Chesterfield County
• Traffic lawyer in Hanover County
• Henrico County reckless driving lawyer

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