What happens at a DUI arraignment in Lexington
If you have been charged with driving under the influence in Lexington, Virginia, your case will begin with an arraignment at the Lexington General District Court, located at 2 South Main Street. The arraignment is a short hearing where the court formally advises you of the DUI charge, confirms your identity, and asks how you plead. At this hearing, the judge will also consider bail or the conditions of your release. While you are not required to have an attorney at arraignment, having experienced legal representation from the start can help protect your rights and begin building your defense. Mr. Sris and his Of Counsel represent clients facing DUI charges in Lexington and appear regularly before this court. For guidance about your specific DUI arraignment, call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Happens at a DUI Arraignment in Lexington, Virginia?
The DUI arraignment at Lexington General District Court is the first formal court appearance after an arrest. The judge will read the charges against you — typically a violation of Va. Code § 18.2‑266 (driving while intoxicated) — and you will be asked to enter a plea. Most defendants enter a plea of “not guilty” at this stage to preserve their legal options. The court will also address the terms of your pretrial release. If you have been released on a summons or bond, the judge may continue those conditions or modify them. In some cases, the court may impose additional restrictions, such as alcohol monitoring or a requirement to complete a Virginia Alcohol Safety Action Program (VASAP) evaluation before the next hearing. The entire arraignment process is brief, often lasting only a few minutes, but it sets the procedural path for the rest of your case. Having a lawyer present at arraignment allows you to make informed decisions from the very beginning.
After the arraignment, the court will schedule a return date for a trial or a preliminary hearing, depending on the circumstances. Because Virginia classifies a first‑offense DUI as a Class 1 misdemeanor, the potential consequences — up to 12 months in jail, a fine of up to $2,500, and a license suspension — make it essential to approach the arraignment with a clear strategy. Mr. Sris and his Of Counsel have extensive experience handling DUI matters throughout Virginia and can explain what to expect and how to prepare. Contact our firm at (888) 437-7747.
Frequently Asked Questions
Do I need a lawyer at a DUI arraignment in Lexington?
You are not legally required to have a lawyer at your arraignment, but having one can help you understand the charges, avoid making statements that could be used against you, and set a positive direction for your case. The prosecutor and the judge are not obligated to explain the strengths or weaknesses of the evidence, and anything you say in court could later be introduced at trial. An attorney can advise you on the trusted plea, address bail issues, and begin gathering the information needed to challenge the stop, the field sobriety tests, or the breath or blood test. Mr. Sris and his Of Counsel regularly appear at the Lexington General District Court and can attend your arraignment to protect your interests. To discuss your DUI charge, call (888) 437-7747.
What plea should I enter at my DUI arraignment?
In most DUI cases, entering a plea of “not guilty” at arraignment is the trusted course because it preserves all options and gives your attorney time to review the evidence and negotiate with the prosecutor. Pleading guilty immediately can waive important rights and may result in a conviction on your record without any opportunity to reduce the charge or seek a favorable disposition. Virginia law allows for plea agreements and charge amendments, but those discussions happen after arraignment, not during it. Mr. Sris and his Of Counsel can help you decide how to plead based on the specific facts of your case. For a consultation about your arraignment, reach our firm at (888) 437-7747.
Will I be taken into custody at the arraignment?
Whether you are taken into custody at arraignment depends on the circumstances of your arrest, your criminal history, and whether you were already released after arrest. Most people charged with a first‑offense DUI in Lexington appear at arraignment after being released on a summons or bond. The judge typically continues the existing release conditions, unless the prosecution argues that conditions should be changed. In rare cases, if you were not previously released or if there are aggravating factors, the judge may set a new bond or, in extreme situations, order detention. An attorney can advocate for reasonable release conditions. If you have concerns about being taken into custody, call (888) 437-7747 before your court date.
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 fine of up to $2,500, and a mandatory 12‑month license suspension. The court may also require completion of the Virginia Alcohol Safety Action Program, use of an ignition interlock device if your blood alcohol concentration was 0.15 or higher, and payment of court costs and restitution. The exact sentence depends on the specific facts, your prior record, and the quality of your defense. An experienced lawyer can work to minimize the impact of a DUI conviction. To discuss your potential penalties, contact Mr. Sris and his Of Counsel at (888) 437-7747.
What happens if I plead guilty at arraignment?
If you plead guilty at arraignment, the judge may sentence you immediately or schedule a sentencing hearing, and the conviction will become part of your permanent criminal record. Unlike some other states, Virginia courts generally do not accept an unconditional guilty plea at arraignment without first inquiring whether the defendant understands the rights being waived. Nevertheless, pleading guilty without legal advice can lead to a conviction that could have been avoided or reduced. By pleading not guilty, you give your attorney time to investigate, file motions, and negotiate with the Commonwealth’s Attorney. Many DUI cases are resolved short of trial through charge amendments or other favorable dispositions. For guidance, call (888) 437-7747.
Can the arraignment be waived or handled by my lawyer without me appearing?
In Virginia, most jurisdictions require the defendant to appear personally at the arraignment for a criminal charge such as DUI; a lawyer generally cannot appear on your behalf for this hearing. The arraignment serves to advise you of the charge in open court and to take your plea in person. If you fail to appear, the court may issue a warrant for your arrest. An attorney can, however, attend with you and handle the procedural aspects. If you have a scheduling conflict, speaking with a lawyer before the date is critical. Contact Mr. Sris and his Of Counsel at (888) 437-7747 to prepare for your arraignment.
Is a DUI arraignment the same as a trial?
No. An arraignment is a preliminary hearing where you are formally told of the charges and enter a plea; it is not a trial and no evidence is presented. At the arraignment, the judge will not hear witness testimony or decide guilt. The purpose is to move the case forward procedurally. The actual trial or a preliminary hearing will be scheduled for a later date, typically several weeks out. This distinction matters because you should not use the arraignment to argue your case; instead, focus on the plea and the conditions of release. Your attorney will handle the substantive defense at subsequent proceedings. Call (888) 437-7747 to schedule a consultation.
How do I find the Lexington General District Court?
The Lexington General District Court is located at 2 South Main Street, Lexington, VA 24450, near the heart of downtown Lexington and within a short drive of I‑81 and I‑64. The court hears all traffic and criminal misdemeanor cases, including DUI charges, for the City of Lexington. Parking is available on nearby streets and in public lots. When you arrive, check the docket posted outside the courtroom for your name and the assigned courtroom. It is advisable to arrive early and dress in a manner that shows respect for the court. For help preparing for your court appearance, contact Mr. Sris and his Of Counsel at (888) 437-7747.
What should I bring to my DUI arraignment?
Bring a copy of your summons or charging document, a government‑issued photo ID, any paperwork from the police or DMV related to your arrest, and contact information for your attorney. It is also helpful to bring a list of any medications you take, as the judge may ask about them if alcohol‑monitoring conditions are discussed. If you have already completed a substance‑abuse evaluation or enrolled in VASAP, bring documentation of that. Do not bring weapons, and turn off your cell phone before entering the courtroom. Having an organized file helps your attorney and demonstrates to the court that you are taking the matter seriously. Call (888) 437-7747 to discuss what to bring.
Can a DUI charge be reduced in Lexington?
Yes, a DUI charge can sometimes be reduced to a lesser offense such as reckless driving or improper driving, depending on the strength of the evidence and the negotiation between your attorney and the Commonwealth’s Attorney. Virginia law does not permit plea bargaining with the judge, but the prosecutor may agree to amend the charge. An attorney with experience in Lexington can assess whether factors such as a low blood alcohol concentration, problems with the traffic stop, or errors in the breath test support a reduction. Mr. Sris and his Of Counsel have achieved favorable outcomes in many traffic cases in this court. Results may vary. Call (888) 437-7747 to discuss your options.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been a practicing attorney since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He is a former prosecutor who testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results in DUI and traffic defense. Results may vary. Our Shenandoah Location at 505 N Main St, Suite 103, Woodstock, VA 22664, serves clients in Lexington by appointment. Call (888) 437-7747 to schedule a consultation.
For broader traffic defense in other Virginia localities, see our traffic lawyer pages in Fairfax County, Fairfax City, Falls Church, Prince William County, and Manassas.
Additional resources: Virginia Code Title 18.2 — Crimes and Offenses Generally · Lexington General District Court.
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