What to Do After a DUI Arrest in Virginia (Step-by-Step Guide)

A DUI arrest in Virginia can turn your life upside down — fast. In just a few moments, you’re dealing with flashing lights, handcuffs, and a future that feels uncertain. Whether it’s your first offense or not, the decisions you make in the hours and days following your arrest will significantly affect your outcome.

This guide walks you through exactly what to do after a DUI arrest in Virginia — step-by-step — and explains why getting the right legal defense as soon as possible could make all the difference.

---

🔹 Step 1 – Stay Calm and Comply (Without Self-Incrimination)

When you’re pulled over for suspected DUI:

• Stay calm, keep your hands visible, and remain respectful.

• You’re required to identify yourself and provide your license and registration.

• You are NOT required to answer questions like “How much have you had to drink?” You can politely say, “I’d like to speak with an attorney before answering.”

Remember: the officer is collecting evidence during every second of the interaction. Body cam footage, field sobriety test behavior, and your statements may all be used against you later.

---

🔹 Step 2 – Understand the Charges You’re Facing

A DUI arrest in Virginia is typically charged under §18.2-266 of the Virginia Code. If it’s your first offense and your blood alcohol concentration (BAC) is below 0.15, you’re likely facing a Class 1 misdemeanor, which carries:

• Up to 12 months in jail

• Up to $2,500 in fines

• Mandatory license suspension (1 year)

• Enrollment in the Virginia Alcohol Safety Action Program (VASAP)

• Possible ignition interlock installation

If your BAC was over 0.15 or if you refused the breath test, you may be subject to enhanced penalties — including mandatory minimum jail time.

---

🔹 Step 3 – Take Notes Immediately After Release

Once you’re released from custody:

• Write down everything you remember:

  • What you were doing before the stop

  • Why the officer said they stopped you

  • Any field sobriety or roadside breath test

  • Whether your rights were read to you

  • Timeframes of each part of the process

• Save any documents, citations, or court notices

Why this matters: Your attorney may file a Motion to Suppress based on unlawful stops, testing errors, or improper procedure — but they’ll need specifics.

---

🔹 Step 4 – Don’t Miss Your Court Date (Arraignment or Trial)

Shortly after a DUI arrest in Virginia, you’ll receive notice of an arraignment date — usually within a few business days. At arraignment:

• The court formally reads your charge

• You may be asked to enter a plea (you should wait until you have a lawyer)

• Bail conditions may be reviewed

Do not plead guilty or no contest without legal counsel. The long-term consequences are too serious to risk without full understanding.

---

🔹 Step 5 – Contact a Virginia DUI Defense Attorney Immediately

Hiring an experienced Virginia DUI lawyer quickly can change the outcome of your case.

A skilled defense attorney can:

• Analyze dash cam and body cam footage

• Examine the validity of field sobriety and breath test results

• Challenge the legality of the traffic stop

• Negotiate for reduction to reckless driving or dismissal (if procedural errors occurred)

• Help you apply for a restricted license so you can keep driving

At Poindexter & Wright Law, we’ve successfully defended DUI clients throughout Newport News, Norfolk, Hampton, Chesapeake, and Williamsburg. Our aggressive strategies are tailored to Virginia courts and prosecutors.

---

🔹 Step 6 – Ask These Questions During Your Consultation

When you speak with a DUI attorney, ask:

• What are my realistic chances of beating or reducing this charge?

• Can I avoid jail time or keep my license?

• Have you handled cases like mine before?

• What are the next steps if I hire you?

This helps you identify whether the lawyer has a plan — not just experience.

---

🔹 Step 7 – Begin Strategizing with Your Lawyer

In the weeks leading up to your court date:

• Stay off social media regarding the arrest

• Avoid driving if your license is suspended

• Attend all evaluations, classes, or programs your attorney recommends

• Consider enrolling early in VASAP or alcohol education — it shows good faith and may help negotiations

Every step you take proactively can help soften the court’s perception of your case.

---

🔹 Step 8 – Understand Possible Outcomes

Depending on your BAC, driving record, and the arresting officer’s report, your case could result in:

---

📌 Additional Resources:

• Virginia Code §18.2-266 – DUI Law

• Virginia DMV – DUI Penalties

---

⚖️ Conclusion: Don’t Let a DUI Define You

A DUI arrest in Virginia is serious — but you’re not alone. Whether it’s your first charge or you’ve been here before, Poindexter & Wright Law is here to guide you, protect your rights, and fight for your future.

We offer free consultations and serve clients in:
Newport News, Norfolk, Hampton, Chesapeake, Portsmouth, and Williamsburg.

Conclusion: Let Us Fight for You

A DUI doesn’t define you — but what you do next can. At Poindexter & Wright, we fight for your second chance. Schedule your free consultation today and let us get to work.

📍 Offices Serving: Newport News • Norfolk • Hampton • Chesapeake • Williamsburg 
📞 Call Now to book a consultation (434-260-6881).

DUI in Virginia – Frequently Asked Questions

Q: Is a DUI a felony in Virginia?
A: Most first-time DUI charges are misdemeanors, but repeat offenses or cases involving injury/death can be felonies.

Q: Can I drive after a DUI arrest?
A: Not until the court grants a restricted license or your suspension period ends.

Q: How long does a DUI stay on my record?
A: A DUI conviction in Virginia remains on your criminal record permanently, and on your DMV record for 11 years.