What happens at a DUI arraignment in Fairfax County
Reviewed by Mr. Sris, Owner and Founder Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York
Practicing since 1997
Last reviewed: July 2026
At a DUI arraignment in Fairfax County, you make your first appearance before a judge in the Fairfax County General District Court. The judge will read the charge, advise you of your rights—including the right to counsel and the right to remain silent—and ask you to enter a plea. The court also addresses bail conditions, appointment of counsel if you cannot afford an attorney, and schedules the next hearing date. Because a DUI conviction carries serious consequences, having experienced legal representation from the outset can be important. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your case with Mr. Sris and his Of Counsel.
What to Expect During a DUI Arraignment at Fairfax County General District Court
A DUI arraignment in Fairfax County is a procedural hearing held at the Fairfax County General District Court, located at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030. After a DUI arrest, you may be released on a summons or remain in custody until the arraignment, which typically occurs shortly after the arrest. On the scheduled date, you will appear before a judge. The clerk reads the charge, and the judge ensures you understand the allegations. The court informs you of the maximum penalties for a first‑offense DUI—up to 12 months in jail, a mandatory minimum fine of $250, and a 12‑month license suspension under Va. Code § 18.2‑270. If your blood alcohol concentration was 0.15 or higher, a mandatory minimum jail sentence of five days applies.
During the arraignment, you will be asked to enter a plea of guilty, not guilty, or no contest. Most individuals plead not guilty to preserve their rights and allow time to review the evidence. If you plead not guilty, a trial date is set. The judge also reviews bail; you may be released on your own recognizance or with conditions, such as abstaining from alcohol. If you cannot afford a lawyer, the court determines your eligibility for a public defender. Although the arraignment is not a trial and no evidence is presented, having an attorney present can help protect your rights from the start. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. represent clients at this court and can guide you through the process.
Frequently Asked Questions
Do I need a lawyer for my DUI arraignment in Fairfax County?
While you have the right to represent yourself, having a DUI lawyer at your arraignment can help protect your rights. An attorney can advise you on your plea, address bail concerns, and begin building your defense immediately. Because the arraignment sets the tone for your case, legal guidance from the start may affect the outcome. Law Offices Of SRIS, P.C. provides representation for DUI matters in Fairfax County. Call (888) 437-7747 to speak with Mr. Sris and his Of Counsel.
What plea should I enter at my DUI arraignment?
In most cases, individuals plead not guilty at the arraignment to preserve their rights and allow time to review the evidence. A not guilty plea leads to a trial date, giving your lawyer time to negotiate with the Commonwealth’s Attorney or prepare defenses. Pleading guilty at arraignment may result in immediate sentencing without full consideration of mitigating factors. Consulting an attorney before entering a plea is strongly recommended. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 for guidance.
What happens if I plead guilty at arraignment?
If you plead guilty, the judge may proceed to sentencing immediately, imposing fines, jail time, and license suspension based on the charge and your record. For a first‑offense DUI (Va. Code § 18.2‑270), penalties can include up to 12 months in jail, a $250 minimum fine, and a 12‑month license suspension. The court may also order alcohol education or treatment. Because pleading guilty waives your right to trial, it is critical to speak with a lawyer first. Results may vary.
Can I get bail at a DUI arraignment in Fairfax County?
Yes, the judge typically sets bail or releases you on your own recognizance unless there are aggravating factors like prior failures to appear or a serious accident. Bail conditions may include abstaining from alcohol or reporting to a pretrial services officer. If you have been held in custody, the arraignment is your opportunity to request release. An attorney can argue for reasonable bail on your behalf. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your situation.
Is a DUI arraignment the same as the trial?
No, an arraignment is a procedural hearing where you are formally charged and enter a plea; the trial is a separate proceeding where evidence is presented and guilt is determined. At the arraignment, no evidence is heard, and the judge does not decide your guilt. The main purpose is to advise you of your rights and set future court dates. A trial date is scheduled only if you plead not guilty. Your attorney can explain what to expect at each stage.
What are the possible penalties for a first‑offense DUI in Virginia?
A first‑offense DUI in Virginia is a Class 1 misdemeanor punishable by up to 12 months in jail, a mandatory minimum fine of $250, and a 12‑month license suspension (Va. Code § 18.2‑270). If your blood alcohol concentration (BAC) is 0.15 or higher, there is a mandatory minimum jail sentence of five days. The court may also require completion of the Virginia Alcohol Safety Action Program (VASAP) and installation of an ignition interlock device. Additional costs and insurance increases often follow a conviction. Results may vary.
How long does a DUI case take in Fairfax County?
The timeline for a DUI case varies based on the court’s calendar and the complexity of the matter, but most misdemeanor DUI cases are resolved within a few months. After arraignment, a trial date is set, typically within several weeks. If you plead guilty or negotiate a resolution, the case may conclude sooner. An attorney can help manage the timeline and any continuances. For a case‑specific estimate, speak with Mr. Sris and his Of Counsel at (888) 437-7747.
Where is the Fairfax County General District Court?
The Fairfax County General District Court is located at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030. This court handles DUI arraignments, misdemeanors, and traffic matters. Court sessions are held during business hours. Free parking is available at the courthouse. If you have an arraignment, arrive early to find the correct courtroom. Our Fairfax location is nearby, and we can meet with you before your court appearance. Call (888) 437-7747 to schedule.
What should I bring to my DUI arraignment?
Bring your summons or release paperwork, a valid photo ID, and any documents your attorney advises. It is also helpful to bring proof of your eligibility for a public defender if you are seeking appointed counsel. You may want to bring a notepad to record the next court date and any judge’s orders. Do not bring weapons. Arrive dressed appropriately for court. Having an attorney present can simplify what you need to bring, as they can handle many procedural matters.
What is the role of the Commonwealth’s Attorney at arraignment?
The Commonwealth’s Attorney represents the state and may be present at the arraignment to advise on bail, provide a summary of the charges, and indicate the state’s position on any proposed resolution. While the arraignment is primarily a procedural hearing, the prosecutor can object to bail requests or suggest conditions. Having an experienced defense attorney there can help you understand the prosecutor’s stance and negotiate from the start. Call (888) 437-7747 to discuss how Mr. Sris and his Of Counsel can assist.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and his Of Counsel bring extensive combined legal experience to DUI defense in Fairfax County. Results may vary. The firm’s team includes attorneys with backgrounds in prosecution and law enforcement, providing insight into how the state builds its case. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Our DUI defense practice also serves neighboring counties:
- Prince William County DUI defense
- Stafford County traffic defense
- Fauquier County DUI lawyer
- Loudoun County reckless driving defense
- Arlington County DUI attorney
For official information, see the Virginia Code Title 18.2 (Criminal Code) and the Fairfax County General District Court website.
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. By appointment only. Contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Case results depend on a variety of factors unique to each case.
