What Happens After a DUI Arrest in Henrico County

October 18, 2025
|In Uncategorized
|By Rebecca Peters

If you’ve been arrested for DUI in Henrico County, Virginia, understanding what happens next — including possible Virginia DUI penalties — can help you protect your rights and your future.

A DUI arrest in Virginia doesn’t automatically mean a conviction. But the steps that follow — from your arrest to your first court appearance — can affect your license, record, and freedom. Here’s what to expect and what to do immediately after a DUI arrest.

1. The Arrest and Booking Process

When a police officer believes you’re driving under the influence in Henrico County, you’ll be arrested under Virginia Code § 18.2-266, which prohibits driving while impaired by alcohol or drugs.

You’ll typically be taken to the Henrico County Jail West or Jail East, where an officer will conduct a breath or blood test under the Virginia Implied Consent Law (§ 18.2-268.2).

If your Blood Alcohol Concentration (BAC) is 0.08% or higher, you’ll likely be charged with DUI. If your BAC is lower but your driving behavior suggests impairment, the officer can still issue a DUI charge based on observations and field sobriety tests.

2. Immediate License Suspension

After your arrest, your driver’s license will be automatically suspended under Virginia’s administrative license suspension law:

  • 7 days for a first offense

  • 60 days for a second offense within 10 years

  • Until trial for a third offense within 10 years

Even before your first court appearance, this suspension takes effect immediately. You can, however, challenge it through your attorney.

3. Your First Court Appearance (Arraignment)

Within a few days of your DUI arrest, you’ll appear in the Henrico County General District Court. This is known as an arraignment — where the judge formally reads your charge, advises you of your rights, and asks whether you intend to hire an attorney or request court-appointed counsel.

4. Evidence Review and Legal Strategy

Your attorney will request discovery — the police report, test results, body camera footage, and any officer notes.

Common defense strategies in Henrico DUI cases include:

  • Challenging the legality of the stop or arrest

  • Questioning the timing and accuracy of the BAC test

  • Showing that driving behavior wasn’t caused by alcohol

  • Proving procedural or constitutional violations

Even if the evidence looks strong, negotiating a reduction to reckless driving or seeking dismissal based on errors is often possible.

5. Possible Penalties if Convicted

A first-offense DUI in Virginia carries penalties under § 18.2-270, which may include:

  • Up to 12 months in jail

  • $250–$2,500 fine

  • 12-month license suspension

  • Mandatory Virginia Alcohol Safety Action Program (VASAP) participation

  • Possible ignition interlock device if you seek restricted driving privileges

These Virginia DUI penalties depend on your BAC level, prior convictions, and whether an accident occurred. Penalties increase for repeat offenses or high BAC results (0.15% or above).

6. What to Do Immediately After a DUI Arrest

If you’ve been charged with DUI in Henrico County, take these steps right away:

  1. Contact a DUI defense attorney immediately.

  2. Do not discuss your case with police or post about it online.

  3. Write down what happened, including timing and officer behavior.

  4. Check your court date — usually printed on your summons or warrant.

At Peters Law Firm, we help clients protect their liberty and livelihood when facing DUI charges in Henrico, Richmond, Chesterfield, and Hanover Counties. Our legal team understands how local courts operate and how to challenge the evidence against you.

A knowledgeable Henrico DUI attorney can identify weaknesses in the prosecution’s case and help you pursue the best possible outcome.

We also work closely with interpreter services for clients who prefer to communicate in Spanish.

Key Takeaways

  • A DUI arrest in Henrico County begins a fast-moving legal process.

  • License suspension happens immediately after arrest.

  • Court procedures, evidence, and police errors matter more than you think.

  • Hiring a skilled Henrico DUI attorney early can make a major difference in your outcome.

Contact Peters Law Firm Today

If you’ve been arrested for DUI, don’t wait. Contact Peters Law Firm to discuss your case and learn your options. We’ll guide you through every step — from the initial hearing to resolution — with one goal in mind: protecting your freedom and your future.