What happens at a DUI arraignment in Roanoke County

You were driving home on I-81 through Roanoke County when a Virginia State Police cruiser pulled behind you and the lights came on. The officer asked about your evening, administered field sobriety tests, and eventually placed you under arrest for Driving Under the Influence. You have a summons directing you to appear at the Roanoke County General District Court, 305 East Main Street, Salem, VA 24153, and you are not sure what to expect at your upcoming arraignment. Under Virginia Code § 18.2-266, driving while intoxicated is a criminal charge—as a Class 1 misdemeanor, a first-offense DUI conviction can result in up to twelve months in jail, a fine of up to $2,500, and a twelve-month license suspension. Law Offices Of SRIS, P.C. represents clients at Roanoke County traffic dockets and can guide you through the process. Reach our firm at (888) 437-7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

On This Page

Your situation — what an arraignment actually is

An arraignment is the first court appearance after a DUI arrest. At the Roanoke County General District Court, the judge will read the charge against you and ask how you intend to plead—guilty, not guilty, or, in some cases, no contest. The purpose of the hearing is not to try the entire case; it is to set the stage: confirm that you understand the charge, secure your plea, and address immediate questions such as whether you qualify for court-appointed counsel, what bond conditions may apply, and when the next hearing will be scheduled. If you have retained an attorney before the arraignment, your lawyer can speak on your behalf, enter a not-guilty plea, and begin framing the procedural path forward.

Strategy options at the Roanoke County General District Court

Because a DUI charge carries criminal consequences and mandatory administrative penalties—including a possible license suspension by the Virginia Department of Motor Vehicles —the plea you enter at arraignment shapes the rest of the proceeding. Entering a not-guilty plea preserves your right to challenge the Commonwealth’s evidence, including the basis for the traffic stop, the administration of field sobriety tests, and the breath or blood test result. The Commonwealth’s Attorney for Roanoke County may agree to amend the charge before trial if the facts support a lesser offense, such as reckless driving; Virginia Rule of Supreme Court 3A:8(c) permits plea negotiations between the prosecutor and defense counsel, though the judge is not a party to the negotiation. An attorney who routinely appears before the Roanoke County bench can assess whether a factual challenge or a negotiated amendment is the appropriate strategy for your situation.

If you do not have counsel at the arraignment, you may ask the judge for a continuance to retain an attorney. The court will typically grant one reasonable continuance for that purpose, especially for a first-time offender, but the next hearing will be scheduled on the court’s calendar, and you will be expected to appear with counsel.

What to expect at the courthouse

Plan to arrive at the Roanoke County General District Court, located at 305 East Main Street in Salem, well before the time listed on your summons. Security screening is standard—expect to pass through a metal detector. Courtroom attire should be respectful; the judge and prosecutor will form an impression of you from the moment you enter. Docket call for traffic and misdemeanor matters begins at the time posted on the court’s daily schedule. When your name is called, you will approach the bar with your attorney. The judge will then state the charge and ask for your plea. If you plead not guilty, the court will typically set the case for a bench trial or status date several weeks out, depending on the court’s calendar and the availability of the officer and any witnesses.

During the arraignment, bond will also be addressed. In most first-offense DUI cases, the summons serves as the bond, and you will be released on your own recognizance with the condition that you appear at future hearings. However, if there are aggravating factors—such as a prior record, an elevated blood-alcohol concentration, or an accident—the judge may set a secured bond or impose conditions such as abstention from alcohol. Your attorney can advocate for a reasonable bond arrangement at the arraignment.

Penalty overview — what a DUI conviction means in Virginia

A first-offense DUI under Virginia Code § 18.2-270(A) is a Class 1 misdemeanor. If convicted, you face a maximum of twelve months in jail, a fine of up to $2,500, and a mandatory twelve-month license suspension by the Virginia Department of Motor Vehicles. The court may also order a substance-abuse assessment and referral to the Virginia Alcohol Safety Action Program, which involves alcohol-education and treatment sessions at your expense. Even for a first offense with no aggravating circumstances, the consequences include six demerit points on your driving record, a substantial increase in automobile insurance premiums, and a criminal record that can affect employment and professional licensing. Under Virginia’s implied-consent statute, a separate administrative license suspension may already be pending if you refused a breath test or your blood-alcohol concentration exceeded the legal limit; that suspension runs independently of any court-imposed suspension.

The Roanoke County Commonwealth’s Attorney prosecutes DUI cases seriously. However, an experienced defense lawyer can often identify procedural and evidentiary issues that lead to a charge reduction—for example, a reduction to reckless driving, which is also a Class 1 misdemeanor but avoids the mandatory minimum license suspension and certain other DUI-specific consequences. Because every case turns on its facts, the outcome varies. Results may vary.

How Law Offices Of SRIS, P.C. handles DUI defense in Roanoke County

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 extensive combined legal experience to traffic and criminal-defense matters. Mr. Sris has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His firm appears routinely at the Roanoke County General District Court and understands the procedural rhythms of the Twenty-third Judicial District.

On a DUI arraignment, the approach is calm and prepared: the attorney enters a not-guilty plea, reviews the summons and any charging documents for probable-cause and notice issues, addresses bond with the court, and schedules the next hearing. After the arraignment, the firm investigates the stop, reviews calibration records for any breath-test device, and discusses with the Commonwealth’s Attorney whether an amendment or a pre-trial evidentiary motion is appropriate. The aim in every case is to preserve all available defenses while working toward the most favorable resolution possible under the facts.

Frequently asked questions about DUI arraignment in Roanoke County

Do I need a lawyer for my arraignment?

You are not required to have a lawyer, but an attorney can protect your rights from the very first hearing. At the arraignment, the judge asks for your plea; a lawyer can enter a not-guilty plea on your behalf, address bond, and begin shaping the defense strategy. If you appear without counsel, you risk entering a plea without fully understanding the consequences or waiving procedural rights that could have been preserved.

What plea should I enter at the arraignment?

In almost every DUI case, your attorney will advise you to enter a not-guilty plea at the arraignment. A not-guilty plea gives you the full opportunity to review the Commonwealth’s evidence, challenge the legality of the stop, and, where the facts support it, negotiate with the prosecutor for a reduced charge such as reckless driving. Changing your plea later is possible, but entering a guilty plea at arraignment closes the door to many defenses.

Will I go to jail at the arraignment?

In a routine first-offense DUI, you are unlikely to be taken into custody at the arraignment. If you were released on a summons or bond after the arrest, the court generally continues your release on the same conditions unless the prosecutor asks for a bond increase—for example, because of a prior record or aggravating circumstances. Your attorney can argue against any detention request.

How long after the arraignment will my trial be?

The Roanoke County General District Court typically schedules a bench trial or status date several weeks after the arraignment. The precise time frame depends on the court’s calendar, the availability of the arresting officer, and any motions filed by the defense. Your attorney will receive a notice of the next hearing date, and you must appear at every scheduled proceeding.

What should I bring to the arraignment?

Bring your summons, a form of identification, and, if you have retained counsel, any documents your lawyer has asked you to provide. If you have not yet hired an attorney, bring any paperwork you received at the time of your arrest—the summons, any bond paperwork, and the officer’s copy of the notice of suspension—so you can review it with counsel if you decide to retain a lawyer at or after the hearing.

Can I get my DUI charge reduced to reckless driving?

Yes, a DUI charge may be amended to reckless driving if the facts and the Commonwealth’s Attorney’s policy permit it. This is not guaranteed—it depends on the strength of the evidence, your driving record, whether there was an accident, and the prosecutor’s assessment of the case. An experienced Roanoke County DUI lawyer can evaluate your eligibility for a reduction early in the process.

What is the difference between DUI and reckless driving in Virginia?

Both are Class 1 misdemeanors with the same maximum jail time and fine, but DUI carries a mandatory twelve-month license suspension and a higher insurance surcharge. Reckless driving does not have the same mandatory suspension or the requirement to attend the Virginia Alcohol Safety Action Program, although it still results in six demerit points and a criminal record if convicted. For many defendants, a reduction to reckless driving represents a meaningfully different outcome.

Will my license be suspended at the arraignment?

No, a license suspension does not occur at the arraignment itself. If your breath test result was over the legal limit or you refused the test, you may already be under an administrative suspension imposed by the Virginia Department of Motor Vehicles. The court-imposed suspension happens only upon a conviction or, in some circumstances, a finding of guilt. Your attorney can explain the status of your driving privilege and whether you are eligible for a restricted license during the pendency of your case.

What happens if I miss my arraignment?

Missing a court date can result in the judge issuing a bench warrant for your arrest. If you realize you will be unable to appear, contact your attorney immediately. In some situations, your lawyer may be able to file a motion to continue or to recall the warrant, but the obligation to appear is yours alone. The Roanoke County General District Court takes failure to appear seriously.

How do I reach a lawyer for a DUI arraignment in Roanoke County?

Call Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation. We represent clients at the Roanoke County General District Court and can assist you from the arraignment through trial. Consultations are available by appointment.

About Law Offices Of SRIS, P.C.

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law 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 team bring extensive combined legal experience to traffic and criminal defense matters across Virginia. For a consultation, reach our firm at (888) 437-7747. Results may vary.

For a full statutory breakdown of Virginia DUI law, see our comprehensive analysis at srislawyer.com.

Our Shenandoah location: 505 N Main St, Suite 103, Woodstock, VA 22664. By appointment. Call (888) 437-7747.

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.