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The First Week After a Virginia DUI Arrest: Deadlines and Mistakes to Avoid

October 23, 2026


The first week after a DUI arrest in Virginia moves fast, and a Fairfax DUI lawyer will focus first on three things: the 7-day administrative license suspension, the terms of your release, and your first court date. Missing any of them can cause problems that have nothing to do with the strength of the DUI charge itself.

In the video above, Monument Legal partner Nabeel Kibria walks through what typically happens in that first week and where people make their biggest mistakes. This article is general information from Monument Legal. The Virginia legal rules come from the Code of Virginia, and the court details come from the Fairfax County General District Court.

Quick answer: Under Va. Code § 46.2-391.2, a first DUI arrest in Virginia triggers a 7-day administrative license suspension that starts immediately. You can ask the general district court to review it. Most people then see a magistrate, are released, and must track every court date, because a missed court date can lead to a warrant.

How Does the 7-Day License Suspension Work in Virginia?

The suspension starts the moment you are arrested. You do not need to wait for a letter from the Virginia Department of Motor Vehicles before it takes effect.

Under Va. Code § 46.2-391.2, an administrative license suspension is an automatic suspension tied to the arrest, not to a conviction. It lasts 7 days for a first offense, 7 days for an arrest involving a breath or blood test refusal, and 60 days for a second offense. Subsection (C) lets you ask the general district court to review the suspension, and the court lifts it if probable cause for the arrest is not shown.

In the video, Nabeel describes this as the deadline that sneaks up on people. The practical rule is simple: assume the suspension is in effect, do not drive until it ends, and read your paperwork for the dates.

The 7-day suspension is separate from any later penalty. If a person is convicted of a first DUI, Va. Code § 18.2-271(A) adds a one-year loss of driving privileges from the date of judgment.

What Happens in Front of the Magistrate After a Virginia DUI Arrest?

After a DUI arrest in Virginia, a person is typically brought before a magistrate, a judicial officer who decides whether to release the person and on what conditions. For a first-offense DUI with no injuries or other aggravating facts, people are often released the same day.

Release may come with a bond or other conditions. Read them carefully and follow them exactly, because a violation can create new problems that have nothing to do with the DUI. Keep every document you are given. Your summons or release paperwork usually lists the court and the date of your first appearance.

Do You Have to Go to Your DUI Arraignment in Fairfax County?

Not always. In many Virginia DUI cases, a retained attorney can handle the arraignment without the client being present, which makes the next court date the first one you attend.

An arraignment is the first court appearance where the court formally advises you of the charge. In Fairfax County, misdemeanor DUI cases are heard in the Traffic Division of the Fairfax County General District Court at 4110 Chain Bridge Road in Fairfax. The court’s Traffic Division page lists a 9:30 a.m. advisement docket for DUI cases, but the date and time on your own summons control.

As Nabeel explains in the video, the later court date is where the case is either tried or resolved through an agreement with the prosecutor. In Virginia, the prosecutor is the Commonwealth’s Attorney for the county or city where the arrest happened.

What Are the Biggest Mistakes People Make the First Week After a DUI Arrest?

The biggest mistakes are waiting too long to get advice, guessing about the license suspension, and losing track of court dates.

  • Waiting to talk with a Northern Virginia DUI attorney
    • The early days are when the 7-day review option is available and when evidence such as video and witness memories is freshest. A Virginia-licensed attorney can review the arrest, confirm your court dates, and explain whether your presence is required at the arraignment.
  • Driving during the suspension
    • The administrative suspension applies whether or not you agree with the arrest. Arrange other transportation for the full suspension period.
  • Missing or misreading a court date
    • Missing court can lead the judge to issue a capias, which is an order directing police to arrest you. That turns a manageable case into a harder one. Write the date down, confirm it, and confirm whether you or your attorney is expected to appear.
  • Not planning for a restricted license
    • If a case ends in a conviction, Va. Code § 18.2-271.1 allows the court to grant a restricted license for good cause, typically conditioned on an ignition interlock. The Fairfax County General District Court explains its process on its restricted license page.

“It’s never recommended that you try to handle the DUI in any jurisdiction, especially Virginia, on your own.”

Nabeel Kibria, Partner, Monument Legal

Talk With a Northern Virginia DUI Lawyer During the First Week

Monument Legal’s Northern Virginia team, led by Virginia-licensed attorneys, handles DUI cases in Fairfax County and across Northern Virginia. Every case turns on its own facts, and no outcome can be promised in advance.

Arrested for DUI in the last few days? Speak with a Fairfax DUI lawyer on our Northern Virginia team, or contact us to schedule a confidential consultation.

Key Takeaways

  • A 7-day administrative license suspension begins at arrest for a first DUI under Va. Code § 46.2-391.2.
  • You can ask the general district court to review that suspension under § 46.2-391.2(C).
  • A magistrate decides release after arrest; first-offense defendants with no aggravating facts are often released the same day.
  • In Fairfax County, DUI cases are heard in the Traffic Division of the General District Court at 4110 Chain Bridge Road.
  • A retained attorney can often handle the arraignment, but you must confirm what the court expects of you.
  • Missing court can lead to a capias, an order for your arrest.

Frequently Asked Questions

What if I refused the breath test after my DUI arrest in Virginia?

A refusal arrest also triggers the 7-day administrative suspension under Va. Code § 46.2-391.2. Separately, a first unreasonable refusal of the post-arrest breath or blood test is a civil offense under Va. Code § 18.2-268.3, carrying a one-year license suspension. A refusal within 10 years of a prior refusal or DUI conviction is a Class 1 misdemeanor. The roadside preliminary breath test is different: under Va. Code § 18.2-267 it is voluntary, and declining it is not evidence against you.

Will a DUI arrest go on my Virginia driving record?

A conviction will. According to the Virginia DMV, a DUI conviction carries 6 demerit points and stays on your DMV driving record for 11 years. A refusal conviction carries the same 6 points and 11 years. An arrest by itself is not a conviction, so the outcome of the case decides what appears on your driving record. That is one reason the first week matters: decisions made early can affect how the case is defended.

What penalties can a first DUI carry in Virginia?

Under Va. Code § 18.2-270, a first DUI is a Class 1 misdemeanor with a mandatory minimum $250 fine, and a Class 1 misdemeanor can carry up to 12 months in jail and a $2,500 fine. A BAC of 0.15 to 0.20 adds a mandatory 5 days in jail, and a BAC above 0.20 adds a mandatory 10 days. A conviction also brings a one-year loss of driving privileges under § 18.2-271(A), with a possible restricted license.

Can I get my license back early during the 7-day suspension?

Possibly, if the court finds no probable cause. Va. Code § 46.2-391.2(C) lets a person ask the general district court to review the administrative suspension, and the suspension is lifted if probable cause for the arrest is not shown. Because the suspension lasts only 7 days for a first offense, timing is tight. Anyone considering this option should act quickly and confirm the procedure with the court or a Virginia-licensed attorney.

Sources

  • Va. Code § 46.2-391.2 via Virginia Law (Virginia General Assembly)
  • Va. Code § 18.2-266 via Virginia Law (Virginia General Assembly)
  • Va. Code § 18.2-270 via Virginia Law (Virginia General Assembly)
  • Va. Code § 18.2-271 via Virginia Law (Virginia General Assembly)
  • Va. Code § 18.2-271.1 via Virginia Law (Virginia General Assembly)
  • Va. Code § 18.2-267 via Virginia Law (Virginia General Assembly)
  • Va. Code § 18.2-268.3 via Virginia Law (Virginia General Assembly)
  • Traffic Division via Fairfax County General District Court
  • Restricted License via Fairfax County General District Court
  • 6-Point Violations via Virginia Department of Motor Vehicles

Nabeel Kibria is a partner at Monument Legal, licensed to practice law in the District of Columbia. This video is for general information only and is not legal advice. Every case is different, and nothing in this video should be treated as guidance for your specific situation. For advice about your case, consult an attorney directly.

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