What happens at a DUI arraignment in Colonial Heights
A DUI arraignment in Colonial Heights is your first formal court appearance after being charged with driving under the influence. The proceeding takes place at the Colonial Heights General District Court (550 Boulevard, Colonial Heights, VA 23834), which handles all DUI cases arising within the city. At the arraignment, the judge will inform you of the specific charge—typically a Class 1 misdemeanor under Virginia law—and ask you to enter a plea of guilty, not guilty, or, in some situations, nolo contendere. You also may hear the conditions for release while your case moves forward. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. represent individuals at every stage of a DUI matter and can appear with you at this critical first hearing. To speak with an attorney about your arraignment, contact our firm at (888) 437-7747.
What a DUI Arraignment Entails in Colonial Heights
The arraignment is not a trial; it is a procedural checkpoint. The court will read the charge—typically a violation of Va. Code § 18.2-266—and ensure you understand it. You will then enter a plea. If you plead not guilty, the court will schedule a future trial date. If you plead guilty, the court may move directly to sentencing or set the matter for a later hearing, depending on the circumstances. In many instances, a defendant benefits from having an experienced attorney present to discuss the plea with the Commonwealth’s Attorney before the entry is formalized. The Colonial Heights General District Court is currently presided over by Hon. Matthew Donald Nelson. Court hours are Monday through Friday, 8:00 a.m. To 4:00 p.m., and counsel appearing on traffic matters should plan filings accordingly.
Bond and pretrial release conditions are also addressed at the arraignment. The judge may release you on personal recognizance, set a secured bond, or impose conditions such as alcohol monitoring, depending on factors like your prior record and the specifics of the arrest. Having a lawyer at this stage can help you present a fuller picture to the court. Mr. Sris and his Of Counsel have handled DUI cases across Virginia since 1997 and work to secure fair pretrial terms for every client. 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 practiced since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background includes experience with criminal trial work, and he personally keeps a small caseload to stay directly involved in the matters he handles. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is joined by Of Counsel attorneys who bring additional experience to the firm’s traffic and criminal defense practice. Together, Mr. Sris and his Of Counsel team provide representation to clients facing DUI charges in Colonial Heights and throughout Central Virginia.
Reviewed by Mr. Sris, Owner and Founder
Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York
Practicing since 1997
Frequently Asked Questions
What is a DUI arraignment?
A DUI arraignment is the first hearing where you are formally told of the charge against you and asked to enter a plea before a judge. In Virginia, this takes place in the General District Court for the locality where the offense allegedly occurred. The arraignment also addresses bail, the appointment of counsel if you cannot afford a lawyer, and sets future court dates.
Do I need a lawyer at my Colonial Heights DUI arraignment?
You are not required to have a lawyer present, but having an experienced attorney at your arraignment can significantly affect the course of your case. The decisions made at this stage—such as the plea you enter and the conditions of your release—set the foundation for everything that follows. An attorney can speak with the prosecutor, negotiate terms, and advise you on the trusted plea. To discuss your situation with Mr. Sris and his Of Counsel, call (888) 437-7747.
What should I bring to my DUI arraignment in Colonial Heights?
Bring your copy of the summons or charging document, a valid form of identification, and any paperwork related to your arrest or bond. You should also bring funds or documentation to address any bond amount the court may set. If you have retained an attorney, that attorney will typically guide you on additional items specific to your case. It is advisable to arrive early and dress in a manner that shows respect for the court.
What happens if I plead guilty at the arraignment?
If you plead guilty, the judge may impose a sentence immediately or set the matter down for a sentencing hearing after obtaining a presentence report or other information. Because a DUI conviction in Virginia carries mandatory minimum penalties— including a fine, license suspension, and possible jail time—pleading guilty without first consulting an attorney can be risky. An attorney can help you evaluate whether a plea is in your best interest or whether there are grounds to challenge the evidence.
What happens if I plead not guilty?
Pleading not guilty preserves your right to a trial, where the Commonwealth must prove every element of the DUI charge beyond a reasonable doubt. The court will set a trial date, typically weeks later, and may issue discovery orders. You and your attorney can then challenge the traffic stop, the field sobriety tests, the breath or blood test results, or other aspects of the case before trial.
Can I be released on bond at my Colonial Heights DUI arraignment?
Yes, in most first-offense DUI cases, the court will set a bond or release you on your own recognizance. Conditions may include a requirement to abstain from alcohol, submit to random testing, or install an ignition interlock device. The judge weighs factors such as your ties to the community, criminal history, and the seriousness of the alleged offense. An attorney can argue for the least restrictive conditions appropriate to your case.
Is a DUI a criminal offense in Virginia?
Yes, a first-offense DUI in Virginia is generally a Class 1 misdemeanor, which can result in up to 12 months in jail, a fine of up to $2,500, and a 12-month license suspension. It carries criminal consequences and remains on your driving record for 11 years. Because it is a criminal charge, you have the right to an attorney and a trial. A conviction can affect employment, insurance, and security clearances.
Will my license be suspended immediately after a DUI arrest?
If you refused a breath test or your blood alcohol content was above the legal limit, the Virginia Department of Motor Vehicles will administratively suspend your license prior to trial. You are entitled to challenge the suspension, but you must act quickly. The timeframe for requesting an administrative hearing is limited. An attorney can assist you in that process and seek a restricted license for work-related driving.
How long do I have to hire an attorney before my arraignment in Colonial Heights?
You should contact an attorney as soon as you receive your summons, because the arraignment may be scheduled only a few weeks from the date of the charge. Virginia courts do not delay arraignments to allow additional time to find counsel, although you may ask the court for a short continuance. Hiring counsel early allows your lawyer to prepare, obtain discovery, and communicate with the prosecutor before your first appearance.
What is the difference between a DUI and reckless driving in Virginia?
DUI is a specific crime related to intoxication, while reckless driving is a broad criminal traffic offense that includes driving at certain high speeds or in a manner that endangers people or property. Both are Class 1 misdemeanors with possible jail time, but the elements and defenses differ. A DUI charge focuses on impairment; a reckless driving charge focuses on driving behavior. Some defendants face both charges from the same incident.
What happens if I miss my Colonial Heights DUI court date?
If you miss your arraignment or any scheduled court date, the judge may issue a capias warrant for your arrest and your bond may be revoked. You could face additional charges for failure to appear. If you cannot attend your court date, contact your attorney immediately to seek a continuance and avoid compounding the situation. It is critical to take every court obligation seriously.
Can the outcome of my DUI case affect my CDL?
Yes, a DUI conviction will result in the disqualification of your commercial driver’s license for at least one year for a first offense, even if you were driving a personal vehicle at the time. The disqualification period is set by federal regulation and enforced by the Virginia DMV. Because CDL holders rely on their license for a living, protecting your driving privileges is often the primary concern. An experienced Virginia DUI lawyer can evaluate whether the charge can be reduced to a lesser offense that does not trigger a CDL disqualification.
For more information on traffic defense in Virginia, see our Virginia traffic lawyer overview. For help with a reckless driving matter in this locality, visit our Colonial Heights reckless driving page.
Outbound primary sources: Virginia Code § 18.2-266 (DUI) | Colonial Heights General District Court.
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