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What happens at a DUI arraignment in Fairfax

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What happens at a DUI arraignment in Fairfax





What happens at a DUI arraignment in Fairfax

A DUI arraignment in Fairfax is generally your first court appearance after being charged with driving under the influence. It serves as a formal notification of the charge and an opportunity for you to enter a plea. At the arraignment—most often held at the Fairfax County General District Court or, for cases originating in the independent City of Fairfax, at the Fairfax City General District Court—the judge will confirm your identity, read or explain the charge, and ask how you plead. The proceeding is typically brief, but it sets the stage for everything that follows. An experienced defense attorney can use this appearance to begin evaluating the prosecution’s case and to advise you on your options. To discuss what to expect at your arraignment, reach Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.

What a DUI arraignment in Fairfax means

In Virginia, a DUI charge under Va. Code § 18.2‑266 is a criminal matter, not a minor traffic infraction. An arraignment is the procedural step where the court tells you what the Commonwealth is alleging and what rights you have. For a misdemeanor DUI—the classification for most first offenses—the judge will also advise you of the right to counsel. If you cannot afford an attorney, the court will determine your eligibility for a court‑appointed lawyer. No evidence is presented at the arraignment, and the judge does not decide guilt or innocence on that day.

The location of your arraignment matters. If the DUI arrest occurred in Fairfax County, your case will ordinarily be docketed at the Fairfax County General District Court, 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030. Arrests within the city limits of Fairfax are heard at the Fairfax City General District Court, 10455 Armstrong Street, Room 101, Fairfax, VA 22030. Both courts operate within the Nineteenth Judicial District, and while their procedures are similar, the specific judges and scheduling practices differ. Your attorney’s familiarity with each courthouse can help you navigate the local expectations effectively.

After the arraignment, a trial date is scheduled—often several weeks out—unless you and your counsel negotiate a resolution with the Commonwealth’s Attorney before then. The timeline depends on the court’s calendar and the complexity of the matter. Mr. Sris and his Of Counsel appear regularly at both Fairfax County and Fairfax City courts, and they understand how an early, well‑prepared appearance can influence the direction of a DUI case.

How Mr. Sris and his Of Counsel handle DUI cases

When you engage Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel review the traffic stop, the field‑sobriety observations, the breath‑ or blood‑test data, and all procedural aspects of the arrest. They look for weaknesses in the Commonwealth’s case—whether that involves the legality of the traffic stop, the accuracy of the testing equipment, or the training of the officer who conducted the investigation. While every DUI case presents its own challenges, early intervention frequently helps the attorney identify defenses that might otherwise be overlooked.

In many DUI matters, the goal is to work toward a favorable resolution—whether that means negotiating a reduction of the charge, challenging the evidence through pretrial motions, or preparing for trial if the facts and the law support a defense. Mr. Sris, a former prosecutor, and his Of Counsel team bring more than 120 years of combined legal experience and over 4,739 documented firm-wide results to that work. Results may vary. Their approach is built on thorough preparation and a clear understanding of how prosecutors and judges in Fairfax handle DUI cases.

About Mr. Sris and his Of Counsel team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997. He is a former prosecutor who concentrates his practice on complex criminal defense, including DUI defense. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel attorneys are engaged through Excella and contribute decades of additional experience in traffic and criminal defense, including prior service as a former Virginia State Trooper and former Maryland Assistant State’s Attorney. Every attorney who handles DUI matters for the firm has well over a decade of practice experience.

The firm’s Fairfax Location at 4008 Williamsburg Court, Fairfax, VA 22032 serves clients throughout Fairfax County, Fairfax City, and the surrounding communities. Meetings are by appointment only; call (888) 437‑7747 to schedule. Our team appears regularly at both the Fairfax County General District Court and the Fairfax City General District Court, giving us working knowledge of the local procedures that shape how a DUI arraignment and subsequent proceedings unfold.

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Last reviewed: June 2026

Frequently Asked Questions

Is an arraignment the same as a trial?

No, a DUI arraignment is not a trial. At the arraignment, the judge informs you of the charge and asks for your plea. No evidence is presented, no witnesses testify, and the judge does not decide guilt. It is a procedural hearing. Your next court date will typically be set for a trial or a pretrial conference. Having an attorney at the arraignment helps you understand what happens next and ensures that your plea is entered with full knowledge of its legal consequences.

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

While you may appear without a lawyer, having an experienced attorney at the arraignment is strongly recommended. The plea you enter has lasting effects. An attorney can advise you whether to plead not guilty, can begin discussing the case with the prosecutor, and may be able to start working on a resolution even at this early stage. If you cannot afford counsel, the court will determine your eligibility for a court‑appointed attorney, but a privately retained lawyer can begin preparing your defense immediately.

What plea should I enter at a DUI arraignment in Fairfax?

Most defendants enter a plea of not guilty at the arraignment. This preserves your right to contest the charge, review the evidence, and negotiate with the Commonwealth’s Attorney. Entering a guilty plea at the arraignment without counsel can waive important rights and may result in immediate sentencing. An attorney who knows the Fairfax courts can help you decide the trusted course of action based on the specific facts of your case.

What happens after the DUI arraignment in Fairfax?

After the arraignment, the court sets a trial date, typically several weeks later. During the time between the arraignment and trial, your attorney will request discovery, review the evidence, file any appropriate pretrial motions, and discuss potential resolutions with the prosecutor. In some cases, negotiations may lead to a plea agreement before trial. If no resolution is reached, the case proceeds to a bench trial in the General District Court, where a judge hears the evidence and decides the outcome.

Can I get my DUI charge dismissed at the arraignment?

It is very unlikely that a DUI charge will be dismissed at the arraignment itself. The arraignment is a preliminary hearing; substantive motions to dismiss are typically handled later. However, an attorney who identifies a legal defect—such as a lack of probable cause for the stop—can bring that to the court’s attention early. Even if a dismissal does not happen at the arraignment, raising the issue promptly can shape how the prosecutor evaluates the case and may lead to a favorable resolution later.

What should I bring to my DUI arraignment?

Bring your summons, any paperwork you received at the time of the arrest, and proof of identity. If you have already retained counsel, your attorney will likely instruct you on what to bring and may handle the appearance on your behalf. Dress respectfully and arrive early. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

Primary Virginia legal sources: Va. Code § 18.2‑266 (DUI) · Fairfax County General District Court · Fairfax City General District Court

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


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Reviewed by Mr. Sris, Owner and Founder.

Attorney advertising. This page is for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Statutes and their application change and vary by case. Prior results do not guarantee a similar outcome; results may vary. For advice about your specific situation, consult a licensed attorney. Attorney responsible for this advertising: Mr. Sris.