What happens at a DUI arraignment in Chesapeake

A DUI arraignment in Chesapeake, Virginia, is your first court appearance after being charged with driving under the influence. At this hearing, held at the Chesapeake General District Court (307 Albemarle Drive, Chesapeake, VA 23322), the judge will formally read the charge against you, advise you of your rights, and ask you to enter a plea—guilty, not guilty, or no contest. This is a critical moment in the criminal process. Under Virginia law, a first-offense DUI is a Class 1 misdemeanor punishable by up to 12 months in jail, a fine of up to $2,500, and a mandatory license suspension. Having experienced legal counsel by your side can influence the direction your case takes from day one. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. Appear in Chesapeake courts and can help you understand your options. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What to Expect at a DUI Arraignment in Chesapeake

At the Chesapeake General District Court, the arraignment provides formal notice of the charge and starts the procedural clock. The judge will inform you of the specific charge, usually a violation of Va. Code § 18.2-266 (driving under the influence), and explain the maximum penalties you face—those include up to 12 months in jail, a fine of up to $2,500, and a license suspension of 12 months for a first offense. You will then be asked to enter a plea.

Most individuals enter a plea of not guilty at this stage so their attorney has time to review the evidence, assess whether any constitutional or procedural issues exist, and explore possible plea negotiations with the Commonwealth’s Attorney. If you enter a not-guilty plea, the court will set a future date for a pre-trial hearing or trial. The timeline varies based on court scheduling and the complexity of your case. Mr. Sris and his Of Counsel have extensive combined legal experience handling DUI matters in Chesapeake; they work to identify defenses and seek outcomes that minimize the consequences. Results may vary.

If you plead guilty, the court may proceed to sentencing that same day or schedule a later sentencing hearing. It is generally not advisable to enter a guilty plea at arraignment without first consulting an attorney. A DUI conviction carries long-term consequences beyond the criminal penalties, including DMV demerit points and insurance rate increases. The firm’s attorneys can guide you through the process and help you make informed decisions.

Frequently Asked Questions

What is an arraignment in Chesapeake for a DUI charge?

An arraignment is the first court hearing after a DUI arrest in Chesapeake, where the judge reads the charge, advises you of your rights, and you enter a plea. At the Chesapeake General District Court, this hearing typically occurs within a few weeks of your arrest or citation. The judge will confirm your identity, explain the charge under Va. Code § 18.2-266, and ensure you understand your right to an attorney. If you cannot afford one, the court may determine eligibility for a public defender. The arraignment is not the trial; it is a procedural step that sets the case schedule.

What plea should I enter at a DUI arraignment?

In most DUI cases, it is prudent to plead not guilty at the arraignment so your attorney can investigate the evidence and negotiate with the prosecutor. A not-guilty plea preserves all your rights and allows time to review the Commonwealth’s case—including breath-test calibration records, field-sobriety-test video, and police reports. Pleading guilty at the arraignment waives your right to a trial and can lead to immediate sentencing. Before making any plea, it is wise to speak with an attorney who knows Chesapeake courts. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.

Do I need a lawyer at my DUI arraignment in Chesapeake?

While you may appear at a DUI arraignment without a lawyer, having counsel present can help protect your rights from the very beginning of your case. An experienced attorney can advise you on the appropriate plea, start gathering discovery, and often begin discussions with the Commonwealth’s Attorney. The arraignment sets the tone for the rest of the proceedings; mistakes made at this early stage can be difficult to undo. Mr. Sris and his Of Counsel appear regularly at the Chesapeake General District Court and understand the local procedures and prosecutorial practices.

What happens after I plead not guilty at a DUI arraignment?

After a not-guilty plea, the Chesapeake court will schedule a pre-trial hearing or trial date, and your attorney will begin building a defense. The timeline varies depending on the court’s calendar. Your attorney will request discovery—police reports, breath or blood test results, video recordings—and may file motions to challenge the evidence. During this period, plea negotiations often take place. Many DUI cases resolve through a negotiated plea agreement, but if no agreement is reached, your case proceeds to trial before the judge. The firm’s attorneys work methodically to pursue favorable outcomes for each client.

Can I get a public defender for a DUI in Chesapeake?

Public defender representation may be available if you meet the court’s financial eligibility criteria and the charge carries the possibility of jail time. Because DUI is a Class 1 misdemeanor with potential incarceration, you typically qualify for a court-appointed attorney if you cannot afford to hire one. However, public defenders often carry heavy caseloads and may not have the same resources as a private defense team. Mr. Sris and his Of Counsel provide individual case review and bring extensive combined legal experience to DUI matters.

What are the penalties for a first-offense DUI in Virginia?

A first-offense DUI in Virginia is a Class 1 misdemeanor carrying up to 12 months in jail, a fine of up to $2,500, and a 12-month license suspension. Under Va. Code § 18.2-270, the court can impose a mandatory minimum jail sentence of 5 days if your blood alcohol concentration was 0.15 or higher. Additional consequences may include participation in the Virginia Alcohol Safety Action Program (VASAP), ignition interlock requirements, and 6 DMV demerit points. The full impact on your driving record and insurance premiums can last for years. Results may vary. based on the circumstances of your arrest and the quality of your defense.

How long does a DUI case take in Chesapeake?

The timeline for a DUI case in Chesapeake General District Court varies depending on the plea, the complexity of the evidence, and the court’s docket. A straightforward case that resolves by plea may conclude within a few months of the arraignment. A case that goes to trial could take longer, especially if motions are filed or witness testimony is contested. Your attorney can give you a more specific estimate after reviewing the discovery. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

What should I bring to my DUI arraignment in Chesapeake?

Bring your Virginia driver’s license or identification, the copy of the summons or citation, and any paperwork related to bond or release. It is also wise to bring a copy of your driving record if you have it, though your attorney can obtain this. If you have already retained counsel, confirm that your attorney will meet you at the courthouse or appear on your behalf. The court is located at 307 Albemarle Drive, Chesapeake, VA 23322; plan to arrive early to allow for security screening. Our Richmond location serves clients at the Chesapeake courts; for directions and appointment scheduling, call (888) 437-7747.

What if I miss my DUI arraignment in Chesapeake?

Missing a scheduled arraignment can result in the court issuing a bench warrant for your arrest and may lead to additional charges. If you have a legitimate reason for missing the hearing—such as a medical emergency—contact the court clerk immediately and seek legal advice. A bench warrant can complicate your case significantly, and resolving it often requires a motion to recall the warrant. If you anticipate a scheduling conflict, your attorney can often request a continuance before the hearing date. It is critical not to ignore a court date.

Can a DUI charge be reduced to reckless driving?

In many Virginia cases, prosecutors may agree to reduce a DUI charge to reckless driving or another lesser offense if the evidence supports it and certain conditions are met. This type of resolution can avoid some of the long-term consequences of a DUI conviction, though it still carries its own penalties. The likelihood of a reduction depends on factors such as your blood alcohol level, driving behavior, prior record, and the strength of the Commonwealth’s evidence. Mr. Sris and his Of Counsel have experience negotiating plea agreements in Chesapeake and can advise you on the possibilities for your situation. Results may vary.

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 been practicing since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Alongside his Of Counsel team, Mr. Sris handles DUI and traffic matters throughout Chesapeake and surrounding communities. The team brings extensive combined legal experience and works to achieve favorable outcomes for clients facing DUI charges. Results may vary. For a consultation regarding your DUI arraignment, call (888) 437-7747.

Last reviewed: July 2026

Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.