What Process Takes Place After I am Charged with DWI in Fairfax County?

After you are charged with DUI/DWI (drunk driving) in Fairfax County you will be given a court date.  In Fairfax County, this is used to be a trial date.  However, the system has been greatly modified.  Now, your initial court date is an arraignment. 

Arraignment for DWI/DUI in Fairfax County

At the arraignment in Fairfax County, the judge will advise you of the nature of the charges you face.  The judge will advise you that you need to hire an attorney.  The judge will then set another court date in about 7 days for you to come back to court with proof that you hired a lawyer.  This is called an IAD or Information on Attorney Date.

You must appear at these hearings if you have not hired a lawyer.  They are a condition of your bond, even if you were released on personal recognizance bond.  If you fail to appear, the judge will issue a bench warrant for your arrest and a additional criminal charge for Failure to Appear will be authorized.  

However, if you hire a lawyer before the arraignment, both the arraignment and IAD hearings are waived and removed from the docket.  You will not need to appear.  The court will simply set the first "real" court date about 2 months out.  This is an adjudicatory date.   

Your First "Real" Court Date for DWI/DUI in Fairfax

Your first "real" or adjudicatory date in Fairfax County is scheduled for discovery.  The officer will be there, but the prosecutor is not required to have the breath machine operator or any other witness there. Rather, this is an opportunity for the prosecutor to provide a copy of the cruiser video and body cam footage, if there is such footage, and other details of the event.

After discovery is provided, the case will be continued to one of the officer's pre-set court dates one to two months out.  At that hearing, the case will either come to a negotiated resolution or proceed to trial.    

Consultation with a Fairfax DWI & DUI Lawyer

If you have been charged with DWI or DUI in Fairfax County, you need to speak with an attorney that has significant expertise in DUI law and the jurisdiction where you are charged - Fairfax County. 

To talk with a former Fairfax County prosecutor and Fairfax Virginia DUI DWI Defense Lawyer that has handheld many cases on both sides of the system in Fairfax, call 703-556-0004 or use the Contact Us page to schedule a free, no-obligation consultation.

We will analyze your Fairfax case from the perspective of a former Fairfax County prosecutor who has an inside understanding of the Fairfax system you face.    

Kyle Manikas
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