What happens at a DUI arraignment in Lexington
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
You were driving back from a late dinner on U.S. Route 11 through Lexington when the blue lights appeared in your rearview mirror. A brief roadside conversation turned into field sobriety tests, and then a trip to the magistrate’s office. Now you have a date at the Lexington General District Court and a summons that says you have been charged with driving under the influence. You are probably wondering what comes next—and what you need to do before that first court appearance. This page walks through the arraignment process for a DUI charge in Lexington, Virginia, and explains how an experienced attorney can help. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Your Options at the DUI Arraignment
At an arraignment in Virginia, the judge formally tells you the charge you face—in this case, driving under the influence under Va. Code § 18.2‑266. You are not asked to present evidence or argue the facts of your case. Instead, the court will take your plea. You generally have two choices: plead guilty, or plead not guilty. In Lexington, it is common for a person who has not yet consulted with an attorney to ask the court to continue the case so that they can hire counsel. Mr. Sris and his Of Counsel often meet clients for the first time shortly before the arraignment and can advise on the trusted plea strategy based on the specifics of the stop, the breath‑test result, and any prior record.
If you plead not guilty, the court sets a trial date—usually several weeks later. If you enter a guilty plea at the arraignment, the judge may proceed to sentencing or may set a separate sentencing hearing. Before making any plea, it is important to understand the potential consequences and any defenses you may have. An attorney can review the officer’s probable cause, the administration of any field sobriety tests, and whether the implied‑consent procedures under Va. Code § 18.2‑268.3 were followed properly.
What to Expect at the Lexington General District Court
Lexington General District Court is currently presided over by Hon. Christopher M. Billias. Court hours: Mon‑Fri 8:00 AM–4:00 PM. Counsel appearing on traffic matters should plan filings accordingly.
The Lexington General District Court, located at 2 South Main Street, hears all traffic‑related misdemeanors, including DUI charges. On your arraignment day, you will go through security and check in with the clerk’s office. The courtroom will be open to the public, and several cases are typically on the docket. When your name is called, you will stand before the judge. The judge will confirm your identity, read the charge, and ask how you plead. The prosecutor from the Commonwealth’s Attorney’s office will be present, but no witnesses are called at this stage.
If you are represented by counsel, your attorney can address the court on matters such as bail conditions or requests for discovery. In some cases—particularly for a breath‑test refusal or an elevated BAC—the court may impose bail conditions or require that you refrain from consuming alcohol pending trial. Our Shenandoah Location, based in Woodstock, Virginia, handles DUI matters in Lexington and can appear with you at the arraignment. By appointment only; call (888) 437-7747 to schedule a consultation.
Potential Consequences of a DUI Conviction
While your immediate focus is on the arraignment, it is also worth understanding what can happen if a conviction results. Under Virginia law, a first‑offense DUI is a Class 1 misdemeanor. A conviction can lead to jail time, a substantial fine, a period of license suspension, and mandatory enrollment in the Virginia Alcohol Safety Action Program. The court may also require an ignition interlock device, particularly if the blood‑alcohol concentration was elevated. Because results vary depending on the facts of each case, it is not possible to predict a specific sentence. An attorney can explain the range of possible consequences and work toward a resolution that minimizes the impact on your license, your record, and your daily life.
Even before the trial, there are administrative consequences that begin quickly after a DUI arrest. Under Virginia’s implied‑consent law, refusing a breath test results in a separate civil license‑suspension proceeding. It is important to know that you have a limited time to request an administrative hearing to challenge the suspension. For comprehensive statutory information, see our firm’s traffic law analysis.
How Mr. Sris and His Of Counsel Handle DUI Defense
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced since 1997. He and his Of Counsel team bring years of courtroom experience to every DUI matter in Lexington and throughout Virginia. Mr. Sris’s background as a prosecutor gives him insight into how the Commonwealth presents its case, and he uses that perspective to identify weaknesses in the evidence against his clients. Together with his Of Counsel—attorneys who concentrate in criminal defense and traffic law—he works to build a defense that is tailored to the facts of each case. The firm appears regularly in the Lexington General District Court and is familiar with local procedures, the court’s expectations, and the prosecutorial approach.
The firm is a multi‑state practice with attorneys admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris keeps his personal caseload small so that he can stay directly involved in every representation. For a consultation about your DUI charge, call the firm at (888) 437-7747. Meetings are available by appointment at our Shenandoah Location at 505 N Main St, Suite 103, Woodstock, VA 22664, which serves clients in Lexington.
Frequently Asked Questions
What is an arraignment in a DUI case?
An arraignment is the first court appearance after a DUI arrest, where the judge reads the charge and asks for your plea. In Virginia, it is a procedural hearing, not a trial. You are informed of the specific offense—driving under the influence under Va. Code § 18.2‑266—and you enter a plea of guilty, not guilty, or, in some circumstances, nolo contendere. The court may also address bail conditions or any immediate restrictions, such as a prohibition on alcohol consumption. If you have not yet hired an attorney, you can ask the court for a short continuance to obtain counsel. The arraignment sets the case on the path to trial or resolution, so having legal advice at this stage can be critical.
Do I need a lawyer for my DUI arraignment in Lexington?
While you are not legally required to have an attorney at the arraignment, having one can protect your rights from the outset. An experienced lawyer can advise you on the trusted plea, argue for favorable bail conditions, and begin the process of challenging the stop or the evidence. Because anything you say in court can be used against you, having counsel speak on your behalf reduces the risk of an inadvertent statement that could hurt your defense later. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel often meet with clients before the arraignment to discuss strategy and appear in the Lexington General District Court to handle the hearing.
Can I get bail at my DUI arraignment?
In most first‑offense DUI cases in Virginia, the magistrate sets bail conditions before the arraignment, and the court may review or modify them at the hearing. Unless there are aggravating factors—such as an accident with injuries, a very high blood‑alcohol level, or a prior criminal record—many people charged with DUI are released on a personal recognizance bond or a modest cash bond. The judge can also impose conditions like an alcohol‑monitoring device or a requirement to report to pretrial services. Your attorney can request that overly restrictive conditions be lifted, which is often done on the record at the arraignment.
What happens if I plead not guilty at the arraignment?
A plea of not guilty tells the court that you are contesting the DUI charge, and the case will be set for a trial date. In the Lexington General District Court, the trial is usually scheduled several weeks later. Before the trial, your attorney will have the opportunity to review the evidence—including the police report, breath‑test records, and any video footage—and to file motions if there were constitutional issues with the stop or the arrest. Pleading not guilty preserves your right to negotiate with the prosecution or, ultimately, have a judge hear the facts at a bench trial. The court may also order discovery deadlines and ask about your readiness at the arraignment.
What should I bring to my DUI arraignment?
You should bring a copy of the summons or citation, a valid government‑issued photo ID, and any paperwork you received at the time of your arrest. If you have retained an attorney, bring your attorney’s contact information. It is also helpful to have a list of any prior traffic or criminal history, though the court already has access to your driving record. Dress appropriately—business‑casual attire shows respect for the court. Arrive early to go through security and locate the courtroom. If you plan to ask the court to consider your ability to drive for work or family obligations, bring documentation that supports that need, such as an employment letter or a school schedule.
How long does a DUI case take to resolve in Lexington?
The timeline for a DUI case after arraignment varies; a straightforward first‑offense case may be resolved in a few months, while a contested trial can take longer. After a not‑guilty plea, the court sets a trial date based on its calendar. If both sides are prepared, some cases can be resolved on the trial date through a plea agreement. Delays may occur if additional time is needed to obtain forensic evidence or if the court’s docket is crowded. Your attorney can give you a better estimate once the facts of your case are known, but you should plan for multiple court appearances.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
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