What happens at a DUI arraignment in Augusta County

A DUI arraignment in Augusta County is your first appearance in the Augusta County General District Court after being charged with driving under the influence. The judge will inform you of the charge, ask whether you have an attorney, and take your plea. This initial hearing sets the stage for the rest of your case. The court is located at 6 East Johnson Street, 2nd Floor, Staunton, Virginia. At this hearing, you will be told whether you are charged under Va. Code § 18.2‑266, which covers driving while intoxicated by alcohol, drugs, or a combination. If you do not have counsel, the judge will ask if you plan to retain an attorney or request a court‑appointed lawyer if you qualify. You will then enter a plea of guilty, not guilty, or nolo contendere. A not‑guilty plea will lead to a later trial date. Because a DUI is a criminal offense in Virginia, having an experienced attorney with you at arraignment is important to ensure your rights are protected from the very beginning. Reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to discuss your situation before your court date. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Last reviewed: July 2026

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What happens step‑by‑step at your DUI arraignment in Augusta County

The arraignment in the Augusta County General District Court follows a straightforward process. When you arrive, you check in with the clerk. The judge will call your case, read the charge aloud, and confirm that you understand it. Next, the judge will ask if you have a lawyer. If you do not, and if you cannot afford one, you may request court‑appointed counsel. You will then be asked how you plead. If you plead not guilty, the judge sets a trial date—typically four to eight weeks later—and may address bail or release conditions. If you plead guilty or nolo contendere, the judge may proceed to sentencing immediately or order a presentence report. The court may also address license suspension issues, as Virginia law provides for an administrative suspension separate from the criminal case. Having an experienced DUI lawyer at this stage helps you understand the potential consequences and ensures you do not inadvertently waive important rights.

The Augusta County General District Court handles all DUI cases initially, including both misdemeanor and felony charges, though felony cases are certified to the Circuit Court. The courthouse is at 6 East Johnson Street, 2nd Floor, Staunton, VA 24401. The judge presides over arraignments as part of the regular docket, so there is no separate arraignment session. It is common for the Commonwealth’s Attorney to be present, and they may discuss possible resolutions with your lawyer. If you are represented by Law Offices Of SRIS, P.C., our attorneys will appear with you, enter a not‑guilty plea, and begin working on your defense immediately. We appear regularly in Augusta County courts and understand how local DUI cases are handled.

Frequently Asked Questions

What is the purpose of a DUI arraignment in Augusta County?

The purpose of a DUI arraignment in Augusta County is to formally advise you of the charge against you, determine how you will plead, and set the course for the rest of the case. This hearing is required under Virginia law to start the criminal process. The judge will inform you of the specific DUI statute under which you are charged—usually Va. Code § 18.2‑266—and confirm that you understand the alleged offense. You will then enter a plea. If you plead not guilty, the court will schedule a trial date. If you plead guilty, the judge may sentence you right then, though sometimes sentencing is deferred. The arraignment is also when the court addresses matters such as bail, appointment of counsel if you cannot afford one, and any preliminary motions. Having a lawyer with you at this stage is advisable because the decisions you make at arraignment can affect the entire proceeding.

Do I need a lawyer for a DUI arraignment in Augusta County?

You are not required to have a lawyer at your DUI arraignment in Augusta County, but it is strongly recommended. A DUI in Virginia is a criminal offense, not just a traffic ticket. Even a first offense is a Class 1 misdemeanor, carrying up to 12 months in jail and a fine of up to $2,500. An attorney can advise you on how to plead, negotiate with the prosecutor, and identify potential defenses early. If you plead guilty without legal advice, you may face severe consequences that could have been avoided. At Law Offices Of SRIS, P.C., our attorneys appear at arraignments in Augusta County General District Court with clients to ensure their rights are protected from the start. We help you understand the charges and begin building a defense strategy immediately.

What are the possible penalties for a DUI conviction in Augusta County?

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 12‑month license suspension. The court may impose a mandatory minimum jail sentence of 5 days if your blood alcohol concentration (BAC) was 0.15% or higher at the time of the offense. You may also be required to complete the Virginia Alcohol Safety Action Program (VASAP) and have an ignition interlock device installed on your vehicle. A DUI conviction also results in 6 demerit points on your driving record and can lead to substantially higher insurance rates. If you are convicted of a second DUI within 10 years, the penalties increase significantly, including a mandatory minimum jail term of 20 days. However, every case is different. An experienced lawyer from Law Offices Of SRIS, P.C. can work to minimize these consequences and, where possible, seek a reduction or alternative disposition. Results may vary.

What happens if I plead guilty at the arraignment?

If you plead guilty at the arraignment, the judge may accept your plea and immediately move to sentencing. On a first‑offense DUI, the sentence could include jail time, a fine, license suspension, and enrollment in VASAP. However, judges in Augusta County General District Court sometimes allow a continuance to complete an alcohol education program before sentencing, which can favorably influence the outcome. Pleading guilty without consulting an attorney carries significant risk because you may be unaware of defenses or alternatives, such as challenging the legality of the traffic stop or the accuracy of the breath test. Once a guilty plea is entered and accepted, it is difficult to withdraw later. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

Can I get a court‑appointed attorney for my DUI arraignment in Augusta County?

Yes, if you cannot afford an attorney, you may request court‑appointed counsel at your arraignment. The judge will ask about your financial situation and determine whether you qualify. If you do not meet the indigency requirements, you will be expected to hire your own lawyer. Even if you plan to hire private counsel, you should arrive at court with an attorney if possible, as the judge may not grant a continuance for you to find one if you did not make arrangements beforehand. Law Offices Of SRIS, P.C. is available to discuss your case before your court date. Reach our location at (888) 437‑7747 to schedule a consultation.

How long after the arrest will the arraignment be held?

The arraignment for a DUI in Augusta County is typically held within a few weeks of the arrest, depending on the court’s calendar. If you were released on a summons, the date will be listed on the document you received. If you were held in jail, you will be brought before the court sooner—often at the next available session. The exact timing varies, but it is important to contact an attorney as soon as possible after your arrest to begin preparing. The arraignment is just the first step; your attorney will also work on your administrative license suspension hearing, which has a separate, shorter deadline. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.

Will my license be suspended at the arraignment?

Your license will not be suspended directly at the arraignment unless you plead guilty and the judge orders it as part of the sentence. However, Virginia’s administrative license suspension (ALS) operates separately from the criminal case. If you refused a breath test or had a BAC of 0.08% or higher, the Department of Motor Vehicles may have already initiated a suspension that takes effect seven days after arrest, unless you request an ALS hearing. The arraignment is not the venue for contesting the administrative suspension—you must request that hearing within a short window. Your DUI attorney can help you navigate both the criminal and administrative proceedings simultaneously.

What should I bring to my DUI arraignment in Augusta County?

You should bring your summons or arrest paperwork, any documents related to your administrative license suspension, and any character or employment letters you may wish to show the judge. It is also helpful to bring a list of questions for your attorney and any evidence you think may be relevant, such as medical records if you were taking prescription medication at the time of the stop. If you are represented by Law Offices Of SRIS, P.C., your attorney will advise you on exactly what to bring and may provide guidance on how to dress and conduct yourself in court to make a good impression.

Can a DUI charge be reduced or dismissed at the arraignment?

It is uncommon for a DUI charge to be reduced or dismissed at the arraignment itself, as that hearing is primarily for entering a plea and setting future dates. However, in some cases, the Commonwealth’s Attorney may agree to amend the charge to reckless driving or another lesser offense after negotiations that begin early in the case. An experienced DUI lawyer can start those discussions immediately, using any weaknesses in the prosecution’s case—such as an invalid stop or unreliable BAC reading—to seek a favorable resolution. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.

What if I miss my arraignment date in Augusta County?

If you miss your arraignment date, the court will likely issue a bench warrant for your arrest. You must contact your attorney immediately after realizing you missed the date, because a failure to appear (FTA) can result in additional charges and will make it much harder to resolve your DUI case favorably. In some situations, your lawyer may be able to file a motion to recall the warrant and set a new court date. Prompt action is critical, so call Law Offices Of SRIS, P.C. at (888) 437‑7747 right away if you have any doubt about your court date.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, Mr. Sris brings insight into how the state builds its DUI cases, which informs his defense strategy from the initial arraignment to trial. He and his Of Counsel team appear regularly in Augusta County General District Court for DUI and traffic matters. They bring extensive combined legal experience, and Mr. Sris personally ensures that each client’s case is prepared with attention to detail. Results may vary.

For a DUI arraignment in Augusta County, our attorneys will appear with you, enter a not‑guilty plea, and begin working on a defense tailored to the facts of your case. We understand local court procedures and can identify issues such as improper stops, faulty breath tests, or violations of your rights that may lead to a reduced charge or dismissal. To discuss your arraignment and how we can help, call (888) 437‑7747.

Legal resources and related pages

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