What to Expect in Court if You Get a DUI in Fairfax

A misdemeanor DUI charged in Fairfax County is heard in Fairfax County General District Court at 4110 Chain Bridge Road. The arraignment usually comes a few weeks after the charge, an Information on Attorney (IAD) date follows shortly after, and then comes the first adjudication date, when the case can be tried or resolved. A judge, not a jury, decides any contested case.

Once you hire us, we work to have the arraignment and IAD waived. At the county courthouse, the Commonwealth’s Attorney’s Office handles a DUI case only when the driver has a lawyer, and the first adjudication date is usually when we discuss the evidence and any proposed resolution with the prosecutor.

This guide covers adult misdemeanor DUI cases at the county courthouse. Cases from the City of Fairfax and the Towns of Herndon and Vienna are heard at those localities’ own courthouses, not at 4110 Chain Bridge Road, so go by the court named on your summons rather than a Fairfax mailing address. Felony DUI follows a different path, explained below.

The arraignment and IAD date

The arraignment is the first court date. The judge explains the charge and your right to a lawyer, then sets the next date. The court’s schedule lists DUI advisements for defendants who are not in custody at 9:30 a.m. Follow the date and time on your notice and confirm any changes with your lawyer. The arraignment can be held in almost any courtroom in the building, so arrive early and allow time to find it. The IAD date follows shortly after. In our Fairfax practice, both dates are used to make sure the person charged has arranged for counsel.

When you hire us, we work to have both dates waived, so you may not need to attend them. Keep each date on your calendar until we confirm the waiver. If you cannot afford a lawyer, you can ask the court about a court-appointed attorney.

Discovery and the first adjudication date

There is no separate discovery date in a Fairfax DUI case. After the arraignment and IAD, or after they are waived, we request the Commonwealth’s evidence, such as your statements, your record and any video. When the Commonwealth’s Attorney’s Office is involved, both sides sign the court’s discovery order and file it with the clerk under Fairfax’s discovery order procedure. The Commonwealth’s Attorney’s discovery page says that for orders submitted at least 25 days before court, discovery will be provided no later than 10 days before court, and later orders need at least 15 days to process. In our experience, that timetable usually works, which is one practical reason to hire a lawyer early.

Clients often expect the first adjudication date to be their trial and ask whether a jury will hear it. In our experience, it is usually when we speak with the prosecutor and witnesses, follow up on missing discovery and discuss possible resolutions. Some cases resolve that day. Others need more investigation, more witnesses or more time, and the date ends with a continuance or a later trial date.

Blood cases move on a different schedule. In our experience, they are often continued to a blood docket so the Commonwealth can secure witnesses who may be needed in several cases. If you are also charged with unreasonable refusal of a breath or blood test, that charge is heard with the DUI.

We aim to have discovery before the first adjudication date. If it has not arrived, or arrives too late for a meaningful review, asking for a continuance may be reasonable, and the court decides whether to grant it.

Preparation can also include mitigation, such as treatment, education or community service. Talk with us before you spend money, enroll in a program or prepare anything for the court. Completing a program does not guarantee a reduction.

Trial, plea and sentencing

Virginia’s DUI statute gives the Commonwealth several ways to prove the charge: a BAC of 0.08 or more, impairment by alcohol, drugs or both, or specified drug concentrations. The Commonwealth must prove the applicable elements beyond a reasonable doubt. A case can go forward without a usable test result, and a test result does not settle every question about how the sample was taken, tested and connected to the driving.

At a contested trial, the judge hears the admissible evidence and decides whether the Commonwealth has proved the charge. The defense can cross-examine witnesses, challenge evidence and present its own. Whether you testify is a decision to make with your lawyer before the case is called.

Before you enter a plea, make sure you understand the exact charge and every proposed term. A prosecutor’s recommendation and the judge’s decision are separate steps, so ask whether the court is bound if it accepts the agreement and what happens if it does not. If a reduction to reckless driving is offered, review the actual jail, license, VASAP and ignition interlock terms, because the label alone does not tell you what you keep.

If there is a conviction, the sentence can include jail, a fine and court costs, loss of driving privileges, and VASAP and ignition interlock requirements. Our guide to Fairfax DUI penalties explains the ranges and the license consequences. Read the written orders before you leave the courtroom, including any deadlines and any limits on the drive home.

Felony DUI and appeals to Circuit Court

Under Virginia’s DUI penalty statute, a third qualifying DUI within 10 years is a felony, and some other prior convictions can also make a later DUI a felony. A third DUI outside that window is not automatically one. A felony that begins with an arrest on a warrant ordinarily has a preliminary hearing in General District Court unless it is waived. That hearing addresses probable cause, not guilt, and the case can then go to a grand jury and to trial in Circuit Court. A case that starts with a direct indictment follows a different route.

After a misdemeanor conviction in General District Court, you have 10 days to appeal to Circuit Court, including after a guilty plea. The appeal is heard as a new trial rather than a review of the district judge’s decision, and a jury trial can be considered at that stage. Talk with your lawyer right away about the deadline, bond and your driving status; filing an appeal does not settle all three.

Preparing for your court day

Fairfax County’s traffic dockets are busy, so give yourself time.

• Arrive early, enter through the courthouse’s front entrance and allow time for security screening and for finding your courtroom. Know where you will meet us.
• Bring your charge papers and any documents we have asked for, including completed mitigation records.
• Tell us ahead of time if you need an interpreter or an accommodation.
• Arrange lawful transportation. Do not drive just because you still have your license card or expect to ask for a restricted license.
• Before you leave, confirm the result or next date, the conditions of any order and what you need to do next.

Frequently Asked Questions

Talk with us about your Fairfax court dates

NOVADefenders, S&R Law Firm PLLC is a Fairfax criminal and traffic defense firm. Our office at 4120 Leonard Drive is across the street from the Fairfax County courthouse, and our attorneys are there almost every day. In blood cases, our firm has avoided DUI convictions based on legal issues with the evidence, and we have negotiated resolutions that avoided active jail time. Results depend on the facts and circumstances of each case. Past outcomes do not guarantee future results.

Our Fairfax DUI lawyer page explains how we review breath, blood and video evidence, and our guide to whether you need a DUI attorney in Fairfax covers the questions to ask before you hire anyone. Call 703.273.6431 for a free consultation about your charge, your court dates and your driving concerns, or contact us online.

Reviewed by attorney Benjamin Schaefer | Updated October 6, 2026