What happens at a DUI arraignment in Augusta County

You were driving on Interstate 81 through the Shenandoah Valley, maybe headed to Staunton or Waynesboro, when the flashing lights appeared. An Augusta County deputy pulled you over, and now you are facing a charge of driving under the influence. Your first court appearance—the arraignment—is coming up at the Augusta County General District Court. At an arraignment, the judge advises you of the charge and its possible penalties, ensures you understand your right to an attorney, and asks how you plead. For a DUI, this is a critical moment. A plea of not guilty will move the case toward trial, while a guilty plea could lead to immediate sentencing. Because a DUI conviction in Virginia carries serious consequences, having an experienced attorney by your side at the arraignment can make a significant difference. If you are scheduled for an arraignment, reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss how the firm’s attorneys can help you. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Last reviewed: July 2026

What Happens at a DUI Arraignment in Augusta County?

The arraignment is the formal start of your DUI case in the Augusta County General District Court, located at 6 East Johnson Street, 2nd Floor, in Staunton. The court hears all criminal traffic matters for the county. When you appear, the judge will first read the charge against you—typically a violation of Va. Code § 18.2-266, driving while intoxicated. You will be told that the offense is a Class 1 misdemeanor, which carries a maximum of 12 months in jail and a fine, along with a driver’s license suspension and other consequences. Then the judge asks whether you understand the charge and whether you wish to be represented by counsel. If you already have an attorney, they will stand with you. If not, the judge may continue the case to give you time to hire one.

After the advisement, you will be asked to enter a plea. You may plead guilty, not guilty, or no contest. Most defendants plead not guilty at the arraignment in order to give their attorney time to review the evidence, file motions, and negotiate with the prosecutor. In Augusta County, the Commonwealth’s Attorney’s Office prosecutes DUI cases. The judge will then set a date for a trial, typically within several weeks, and address any bond or pretrial conditions. If you were released on a summons, you may be allowed to remain free on your own recognizance, though the court can impose conditions such as alcohol monitoring or a requirement to attend a Virginia Alcohol Safety Action Program (VASAP) evaluation. Because the arraignment sets the course for the entire case, it is a proceeding you should not navigate alone.

Frequently Asked Questions

What is the purpose of a DUI arraignment in Augusta County?

The arraignment is the first court hearing where you are formally notified of the DUI charge and your legal rights. At the Augusta County General District Court, the judge will read the citation, explain the possible penalties, and ask whether you understand the charge. The judge will also confirm that you know you have the right to hire an attorney. This hearing is not a trial; no evidence is presented, and no witnesses testify. Its main purpose is to establish your plea and set the next steps. If you plead not guilty, a trial date will be scheduled. If you plead guilty, the court may proceed directly to sentencing on the same day.

Do I need a lawyer at my DUI arraignment in Augusta County?

You are not required to have a lawyer at an arraignment, but having one present can protect your rights from the very first court appearance. An attorney can advise you on how to plead, argue for favorable bail or pretrial conditions, and begin discussing the case with the prosecutor. Because Virginia DUI laws impose mandatory minimum penalties for certain aggravating factors, an early assessment of your case by an experienced attorney can influence everything from your driving privileges to your freedom. The arraignment is also the time when procedural defenses—such as an illegal stop or faulty breath test calibration—may begin to take shape. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to learn more.

What happens after I plead not guilty at the arraignment?

After a not-guilty plea, the judge will set a trial date and the case will proceed through the discovery and motions phase of the Augusta County General District Court. The prosecution must provide your attorney with the evidence they intend to use, including police reports, breath or blood test results, and any video recordings. Your attorney may challenge the admissibility of certain evidence through pretrial motions. In the weeks before trial, negotiations with the Commonwealth’s Attorney may lead to a reduced charge or an alternative disposition, such as entry into a rehabilitation program. If no agreement is reached, the case will go to a bench trial before the General District Court judge.

Can I plead guilty at the arraignment and receive my sentence immediately?

Yes, you may plead guilty at your arraignment, and the court can proceed to sentencing on the same day if it chooses. However, doing so without first consulting an attorney can be risky. A DUI conviction in Virginia results in a criminal record, mandatory fines, license suspension, and possibly jail time. Even a first offense can carry a mandatory minimum jail sentence if your blood alcohol concentration was particularly high or if other aggravating factors exist. Without a full review of the evidence, you may be forfeiting defenses you did not know were available. Most attorneys recommend pleading not guilty at the arraignment to allow time for a thorough evaluation of the case.

Will I be taken into custody at my DUI arraignment in Augusta County?

Most first-time DUI defendants appear at an arraignment on a summons and are not taken into custody unless there are additional charges or prior failures to appear. If you were released after your arrest, you will likely remain on the same bond or personal recognizance. The judge may impose new conditions such as alcohol abstention, ignition interlock installation, or VASAP enrollment. If you have a history of missed court dates or face a felony DUI charge, the court may reconsider your pretrial release. An attorney can argue for the least restrictive conditions that still satisfy the court’s concerns about public safety.

What should I bring to my DUI arraignment in Augusta County?

Bring your summons or notice to appear, a photo ID, any bail or bond paperwork, and a note listing your attorney’s contact information. It is also helpful to have a current copy of your driving record and any documentation showing your enrollment in an alcohol education or treatment program, if applicable. Dress appropriately for court—business attire is recommended. Plan to arrive early, as you may need to go through security screening at the courthouse. If you have retained an attorney, confirm the time and courtroom number with them before your date. For guidance on what to bring, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

How long will the arraignment last?

An arraignment in Augusta County General District Court typically takes only a few minutes per case. The judge handles many defendants on the same docket, so you may spend an hour or more waiting for your name to be called. Once before the judge, the advisement of rights, reading of the charge, and entry of plea are usually brief. If your attorney needs to argue a bond motion or discuss scheduling with the prosecutor, your matter may take longer. The overall timeline of your case—from arraignment to trial—will depend on the court’s calendar and the complexity of your DUI charge.

What should I do if I missed my arraignment date?

If you missed your arraignment, contact an attorney immediately because the court may have issued a bench warrant for your arrest. Failing to appear can result in an additional criminal charge and may cause the judge to set a higher bond or revoke your pretrial release. An attorney can appear on your behalf, explain the circumstances to the court, and work to have the warrant recalled. Do not delay—the longer you wait, the more complicated the situation becomes. Call Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your situation and the steps needed to get back on track with your case.

How is a DUI arraignment different from a reckless driving arraignment in Augusta County?

Both DUI and reckless driving are Class 1 misdemeanors in Virginia, so the arraignment procedure is similar, but the underlying penalties and license consequences differ. A DUI conviction carries mandatory minimum jail time for certain BAC levels and a mandatory license suspension, while reckless driving allows more flexibility for reduced charges. At the arraignment, the judge will advise you of the specific penalties for the charge you face. An attorney familiar with Augusta County courts can explain how the prosecution typically handles each type of case and whether alternative dispositions, such as Virginia Alcohol Safety Action Program referral, may be available.

What happens if I am charged with a second or third DUI in Augusta County?

A second or third DUI arraignment follows the same process, but the judge will advise you of more severe penalties, and the court may impose stricter pretrial conditions. A second DUI offense within 10 years is a felony under Virginia law if you have a prior felony DUI, but most second offenses remain a misdemeanor with mandatory jail time, higher fines, and a longer license revocation. The arraignment is the moment when bail arguments become critical, as the judge may consider you a higher risk. Legal guidance is especially important in these cases. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, Mr. Sris understands how the Commonwealth’s Attorney’s Office builds a DUI case and uses that insight to prepare a thorough defense. Mr. Sris and his Of Counsel bring extensive combined legal experience to DUI defense matters. Results may vary. The firm’s Of Counsel attorneys include practitioners with backgrounds in prosecution and law enforcement, giving the team a practical, multi-faceted approach to every DUI arraignment and trial. When you contact the firm, you gain access to this collective experience, not just one attorney’s perspective.

Our Shenandoah location serves clients at the Augusta County General District Court and throughout the I-81 corridor. For a consultation about your DUI arraignment, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Related traffic lawyer pages: Clarke County traffic lawyer | Shenandoah County traffic lawyer | Frederick County traffic lawyer | Warren County traffic lawyer | Rockingham County traffic lawyer

Authoritative Virginia legal resources: Virginia Code Title 18.2 (Crimes and Offenses) | Augusta County General District Court | Virginia Courts

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