What Happens After a DUI Arrest in Virginia? Step-by-Step Legal Process

Being arrested for Driving Under the Influence (DUI) in Virginia can feel overwhelming. Between the legal paperwork, court dates, and potential penalties, it’s easy to feel uncertain about what happens next. Understanding the process can help you make informed decisions and protect your rights from the very beginning.

If you’ve been charged with DUI in Hampton Roads, Virginia Beach, Norfolk, or nearby areas, knowing each step can make a real difference in your outcome.

1. The Traffic Stop and Arrest

Most DUI cases begin with a traffic stop. Law enforcement may pull you over for speeding, swerving, or another traffic violation—and during that stop, they may look for signs of impairment such as slurred speech, odor of alcohol, or bloodshot eyes.

If an officer believes you’re under the influence, you may be asked to complete field sobriety tests or take a breathalyzer test.

Refusing a breath test after arrest can result in an automatic license suspension under Virginia’s implied consent law.
If your blood alcohol content (BAC) is 0.08% or higher, you can be charged with DUI—even if you believe you were safe to drive.

At this stage, the officer will arrest you and transport you to a local police station or detention center for processing.

2. Booking and Processing

Once arrested, you’ll go through the booking process. This includes fingerprinting, photographs, and recording your personal information.

Depending on the circumstances, you may be:

Released on your own recognizance (promising to appear in court)
Required to post bail before release
Held until a magistrate or judge reviews your case

During this stage, it’s critical to remain calm and avoid saying anything that could later be used against you.

3. Administrative License Suspension

Under Virginia law, your driver’s license can be automatically suspended following a DUI arrest—even before your court date.

For a first offense, the suspension lasts 7 days.
For repeat offenses, the suspension period is longer.

This administrative suspension is separate from any penalties you might face if convicted later. A qualified defense attorney can petition for a restricted license, allowing limited driving privileges (such as to work or school).

4. Your First Court Appearance (Arraignment)

The arraignment is your first court date after arrest. At this hearing:

The judge formally reads your charges.
You are informed of your right to an attorney.
You will enter an initial plea (guilty, not guilty, or no contest).

If you don’t already have legal representation, this is the time to secure it. Cheryl Eddy Benn, P.C. provides legal counsel for individuals across Hampton Roads and Virginia Beach, ensuring that your rights are protected from the start.

5. Pre-Trial Hearings and Discovery

Before trial, your attorney will review all the evidence against you—called discovery—which may include:

Police reports
Dashcam or bodycam footage
Breathalyzer or blood test results
Witness statements

Your attorney may also file motions to suppress evidence if your rights were violated—for example, if the traffic stop lacked probable cause or testing procedures were mishandled.

This stage is also when many DUI cases are resolved through negotiation. Depending on the evidence and your prior record, it may be possible to reduce charges or penalties through a plea agreement.

6. The Trial

If your case goes to trial, the judge (and sometimes a jury) will evaluate the evidence presented by both sides. The prosecution must prove beyond a reasonable doubt that:

You were operating a motor vehicle, and
You were under the influence of alcohol or drugs while doing so.

Your defense attorney will challenge any inconsistencies in the evidence, question the validity of testing methods, and highlight any procedural errors that may have occurred.

If convicted, the court will impose penalties based on your prior history and the severity of the offense.

7. Sentencing and Potential Penalties

A DUI conviction in Virginia can carry serious consequences:

Fines ranging from $250 to several thousand dollars
Driver’s license suspension or revocation
Mandatory alcohol education or treatment programs
Ignition interlock device installation on your vehicle
Jail time, especially for repeat or aggravated offenses

The penalties increase if your BAC is 0.15% or higher, if a minor was in the vehicle, or if an accident occurred.

8. Post-Conviction Options

Even after conviction, you may have legal options, such as:

Filing an appeal if procedural errors occurred
Requesting a restricted license to allow limited driving
Enrolling in a driver improvement or alcohol safety program

An experienced attorney can help guide you through these steps and ensure all possible remedies are explored.

How Cheryl Eddy Benn, P.C. Can Help

Facing a DUI charge in Virginia is daunting—but you don’t have to face it alone.
At Cheryl Eddy Benn, P.C., we represent individuals throughout Virginia Beach, Norfolk, Hampton Roads, and surrounding communities who have been accused of DUI.

Attorney Cheryl Eddy Benn brings over 35 years of legal experience, offering calm, reliable guidance during uncertain times. She focuses on protecting your rights, minimizing the impact on your life, and helping you navigate the legal system with clarity and confidence.

If you or someone you love has been arrested for DUI, taking quick legal action can make all the difference.