DUI / DWI Defense Lawyer in Lexington, Virginia
In Lexington, Virginia, a DUI/DWI is a Class 1 misdemeanor under Va. Code § 18.2-266, carrying up to 12 months in jail, a $250 minimum fine, and a 12-month license revocation. Law Offices Of SRIS, P.C. has 14 documented case results in Lexington. Our Richmond location serves clients facing charges at the Lexington General District Court. Call (888) 437-7747 for a consultation by appointment.
Lexington DUI/DWI Law and Statute
Virginia law defines driving under the influence (DUI) as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol, drugs, or a combination thereof (Va. Code § 18.2-266). The penalties escalate based on prior offenses and BAC level.
Last verified: March 2026 | Lexington General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 18.2-266 (official Virginia General Assembly) – The statute defining DUI/DWI.
- Lexington General District Court website – Official court information, forms, and contact details.
Lexington DUI Court Process
Lexington General District Court hears first and second DUI charges. A third DUI within 10 years is a Class 6 felony heard in Lexington Circuit Court. Virginia’s implied consent law means refusing a breath or blood test after arrest triggers a separate administrative license suspension.
- Arraignment: You must appear in court within 48 hours of arrest or as directed by your summons to enter a plea.
- Evidence Review: Your attorney obtains all police reports, breath test calibration records, and dash/body cam footage.
- Pre-Trial Motions: File motions to suppress evidence if the stop lacked probable cause or testing procedures were flawed.
- Negotiation or Trial: Pursue a reduction to reckless driving or other favorable disposition. If no agreement, proceed to trial.
- Post-Conviction: If convicted, enroll in VASAP within 15 days and apply for a restricted license.
DUI Penalties in Lexington, Virginia
In Lexington, a DUI carries penalties ranging from fines and license suspension to mandatory jail time, with severity increasing for repeat offenses and high BAC levels.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| 1st DUI (BAC <0.15) | Class 1 Misdemeanor | Up to 12 months | $250 min | 12-month revocation | Mandatory VASAP |
| 1st DUI (BAC 0.15-0.20) | Class 1 Misdemeanor | 5 days mandatory min | $250 min | 12-month revocation | Mandatory VASAP, IID required for restricted license |
| 2nd DUI (within 5 years) | Class 1 Misdemeanor | 20 days mandatory min | $500 min | 3-year revocation | Mandatory VASAP, IID required |
| 3rd DUI (within 10 years) | Class 6 Felony | 90 days mandatory min | $1,000 min | Indefinite revocation | Mandatory VASAP |
Results may vary. Case outcomes depend on specific facts, evidence, and court discretion.
Our Experience in Lexington Courts
Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. Our attorneys bring over 120 years of combined legal experience. We focus on providing full representation for DUI cases in Lexington, drawing on direct knowledge of local court procedures.
Kristen Fisher, Senior Attorney at Law Offices Of SRIS, P.C. — Licensed in MD, VA. Former MD Assistant State’s Attorney. View Kristen Fisher’s Profile
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results in Lexington
Law Offices Of SRIS, P.C. has 14 total documented case results across all practice areas in Lexington, with a 100% favorable outcome rate for these matters. These results include dismissals, not guilty verdicts, and charge reductions.
Results may vary. Prior results do not aim for a similar outcome.
DUI Lawyer Near Lexington
Our Richmond location serves clients at the Lexington courts (2 South Main Street). We represent individuals in Lexington and the surrounding communities. We offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Phone: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions
What is the penalty for a first DUI in Lexington, Virginia?
First DUI in Lexington: Class 1 misdemeanor — up to 12 months jail, $250 minimum fine, 12-month license revocation, mandatory VASAP. BAC 0.15-0.20: mandatory 5 days jail. BAC 0.20+: mandatory 10 days. Cases at Lexington General District Court (2 South Main Street, Lexington, VA 24450).
Is a DUI a felony in Lexington, Virginia?
First/second DUI in Lexington is a Class 1 misdemeanor. Third DUI within 10 years is a Class 6 felony (1-5 years, mandatory 90 days jail, indefinite revocation). Cases at Lexington General District Court (2 South Main Street, Lexington, VA 24450).
What happens if I refuse a breathalyzer in Lexington, Virginia?
Under Va. Code § 18.2-268.3, refusal triggers: first offense — 12-month administrative suspension (no restricted license); second — 3-year suspension plus Class 1 misdemeanor. This runs also to DUI penalties. Cases at Lexington General District Court (2 South Main Street, Lexington, VA 24450).
Can a DUI be reduced in Lexington, Virginia?
Yes. A DUI in Lexington can potentially be reduced to reckless driving, which avoids mandatory license revocation and VASAP. Defense strategies include challenging the traffic stop, field sobriety tests, and breath test calibration. Cases at Lexington General District Court (2 South Main Street, Lexington, VA 24450).
How long does a DUI case take in Lexington General District Court?
The timeline varies. Arraignment is typically within 48 hours of arrest. A trial in General District Court is usually scheduled 30-90 days after arraignment. An appeal to Circuit Court must be filed within 10 days of a conviction.
Related Legal Resources
- Virginia DUI Lawyer – Our state-wide DUI defense hub.
- Henrico County DUI Lawyer – Defense in a nearby locality.
- Lexington Criminal Defense Lawyer – Related practice area in Lexington.
- Attorney Bryan Block Profile – Learn more about your attorney.
- Our Richmond Office – Location serving Lexington.
Last verified: March 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.