What happens at a DUI arraignment in Greene County
A DUI arraignment is the first court appearance after a driving under the influence arrest in Greene County. At this hearing, you appear before a judge at the Greene County General District Court, located at 85 Stanard Street in Stanardsville, to be formally informed of the charge against you. The judge will read the summons and ask you to enter a plea of guilty, not guilty, or no contest. If you plead not guilty, a trial date will be scheduled. At this stage, the court also addresses bail conditions and may impose restrictions on your driving privileges. Having an experienced DUI attorney present at arraignment can make a significant difference in preserving your rights, challenging the initial stop, and evaluating the evidence. Law Offices Of SRIS, P.C. represents individuals facing DUI charges in Greene County; call (888) 437-7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What to Expect at Your DUI Arraignment in Greene County General District Court
When you arrive at the Greene County General District Court for your DUI arraignment, you will check in with the clerk and wait for your case to be called. The Commonwealth’s Attorney presents the formal charge under Va. Code § 18.2-266. The judge will ensure you understand the allegation—typically a Class 1 misdemeanor for a first offense—and that you are aware of your right to counsel. If you have retained an attorney, they will speak on your behalf, enter a plea, and may request bond modifications or address any immediate procedural issues. The arraignment itself is not a trial; no witnesses testify and no evidence is presented. It is a procedural hearing that sets the trajectory of your case.
If you plead not guilty, the judge will set a date for a bench trial. A guilty or no contest plea may result in immediate sentencing or a presentence investigation, depending on the circumstances. Because a DUI conviction carries potential jail time, a fine of up to $2,500, and a mandatory license suspension, the plea entered at arraignment is a critical decision. An attorney from Law Offices Of SRIS, P.C. can explain the likely consequences of each plea and begin building a defense on your behalf.
Frequently Asked Questions
What is a DUI arraignment?
An arraignment is the initial court hearing where you are formally notified of the DUI charge and enter a plea. In Greene County, it takes place before a General District Court judge. The judge reads the charge, confirms your identity, and asks for your plea—guilty, not guilty, or no contest. Arraignment is not a trial; no evidence is heard. It is an opportunity for the judge to set bond conditions and the next court date. Having a lawyer present ensures your rights are protected from the very start.
Do I need an attorney at my Greene County DUI arraignment?
You are not required to have an attorney present, but it is strongly advisable. An attorney can challenge whether the arrest was lawful, negotiate bond terms that do not restrict your livelihood, and advise you on how to plead. A poorly entered plea can have lasting consequences. Law Offices Of SRIS, P.C. provides representation at arraignments in Greene County General District Court and can begin working on your defense immediately. Call (888) 437-7747 before your court date to arrange representation.
What happens if I plead not guilty at the arraignment?
If you plead not guilty, the judge schedules a trial date, typically within several weeks. Your attorney will then have time to obtain discovery, review the officer’s reports, examine breath-test calibration records, and file motions. The trial will be a bench trial before the same judge unless you request a jury trial and the case is appealed to Circuit Court. Preparation during this pretrial phase is often decisive in DUI cases.
Can I change my plea later if I plead guilty at arraignment?
Changing a plea after arraignment is possible but can be procedurally difficult. Once a guilty plea is accepted, the judge may impose sentence immediately. Withdrawing a plea later requires filing a motion and showing a valid reason, such as ineffective assistance of counsel or a defect in the plea colloquy. It is far better to enter the correct plea from the outset. An attorney from Law Offices Of SRIS, P.C. can help you evaluate the evidence before making that decision.
What are the possible penalties for a DUI conviction in Greene County?
A first-offense DUI under Va. Code § 18.2-270 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. Additional consequences may include mandatory participation in the Virginia Alcohol Safety Action Program, installation of an ignition interlock device, and six DMV demerit points. The exact sentence depends on factors such as your blood alcohol concentration and any prior record. Arraignment is the first step in a process that your attorney can influence by challenging the evidence.
Will I be taken into custody at the arraignment?
In most DUI cases, you will not be taken into custody at the arraignment if you were released on bond or a summons after arrest. The judge may, however, modify bond conditions or impose additional restrictions, especially if there is any concern about flight risk or public safety. Your attorney can advocate for reasonable conditions, such as pretrial alcohol monitoring if necessary, to avoid incarceration pending trial.
How long does a DUI arraignment take in Greene County?
The arraignment itself is brief—often lasting only a few minutes. You may, however, spend time waiting in the courtroom for your case to be called, depending on the docket. The entire appearance, from check-in to departure, typically requires a morning. Arriving early with your attorney allows time to review the case before the hearing.
What should I bring to my arraignment?
Bring your summons, any paperwork from your arrest, and photo identification. If you have retained an attorney, they will have copies of your documents. Do not bring weapons, and dress respectfully. The court at 85 Stanard Street in Stanardsville operates under standard courtroom decorum; a neat appearance shows respect for the proceedings and may influence the judge’s perception.
What happens after the arraignment if I plead not guilty?
After a not-guilty plea, your case moves into the pretrial phase. Your attorney will request discovery from the Commonwealth’s Attorney, review the evidence, and possibly file motions to suppress evidence. You may be ordered to attend alcohol education classes or refrain from alcohol consumption as conditions of bond. The trial date will be your next significant court appearance.
Can the arraignment be waived in a DUI case?
Arraignment is generally mandatory in Virginia general district courts for criminal charges like DUI. You cannot skip the arraignment simply because you have hired an attorney. Failing to appear can result in a bench warrant for your arrest. Your attorney can, in limited circumstances, enter a written plea in advance, but most first appearances require in-person attendance. Always contact your lawyer if you cannot attend for any reason.
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. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He and his Of Counsel bring extensive combined legal experience to DUI defense. Their background provides a formidable basis for constructing a thorough defense at every stage, from arraignment through trial. Results may vary.
For help with your Greene County DUI arraignment, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
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