DUI / DWI Defense Lawyer in Virginia Beach, Virginia
Virginia Beach DUI/DWI Law
In Virginia, driving under the influence (DUI) or driving while intoxicated (DWI) is defined by Va. Code § 18.2-266. The law prohibits operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while under the influence of alcohol, drugs, or a combination to a degree that impairs your ability to drive safely. The statute applies equally in Virginia Beach. Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor with direct experience in these cases.
Last verified: March 2026 | Virginia Beach General District Court | Virginia General Assembly
Official Legal Resources
Virginia Beach DUI Court Process
Virginia Beach General District Court hears first and second DUI charges. A third DUI within 10 years is a Class 6 felony heard in Virginia Beach Circuit Court. Virginia’s implied consent law means refusing a test after arrest results in a separate charge.
- Arraignment: You will appear at Virginia Beach General District Court (2425 Nimmo Parkway) within 48 hours of arrest or as summoned.
- Pre-Trial Conference: Your attorney meets with the Commonwealth’s Attorney to review evidence and discuss possible resolutions.
- Motion Hearings: Your attorney may file motions to suppress evidence if your rights were violated during the stop or arrest.
- Trial: If no agreement is reached, your case proceeds to a bench trial before a judge in General District Court.
- Sentencing: If found guilty, the judge will impose penalties including fines, jail time, and license revocation.
- Appeal: You have 10 days to appeal a General District Court conviction to the Virginia Beach Circuit Court for a new trial.
DUI Penalties in Virginia Beach
In Virginia Beach, DUI carries penalties from fines and license suspension to mandatory jail time, depending on your BAC and prior record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First DUI (BAC < 0.15) | Class 1 Misdemeanor | Up to 12 months | $250 minimum | 12-month revocation | Mandatory VASAP |
| First DUI (BAC 0.15-0.20) | Class 1 Misdemeanor | 5-day mandatory minimum | $250 minimum | 12-month revocation | VASAP, ignition interlock |
| First DUI (BAC 0.20+) | Class 1 Misdemeanor | 10-day mandatory minimum | $250 minimum | 12-month revocation | VASAP, ignition interlock |
| Second DUI (within 5 years) | Class 1 Misdemeanor | 20-day mandatory minimum | $500 minimum | 3-year revocation | VASAP, ignition interlock |
| Third DUI (within 10 years) | Class 6 Felony | 90-day mandatory minimum | $1,000 minimum | Indefinite revocation | VASAP, possible vehicle forfeiture |
| Refusal (First Offense) | Civil Offense | N/A | N/A | 12-month administrative suspension | No restricted license available |
Results may vary. Case outcomes depend on specific facts, evidence, and court discretion.
Why Choose Our Virginia Beach DUI Defense Team
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to your defense. Our team includes former prosecutors and a former Virginia State Trooper who understand how these cases are built from the inside. We focus on the details of your arrest and the evidence against you.
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 Virginia Beach
Law Offices Of SRIS, P.C. has 8 total documented case results across all practice areas in Virginia Beach, with a 100% favorable outcome rate. These results include dismissals, not guilty verdicts, and charge reductions.
Results may vary. Prior results do not aim for a similar outcome.
Local DUI Defense in Virginia Beach
Our Richmond location serves clients at the Virginia Beach courts, accessible via I-264 and I-64. As a DUI lawyer near Virginia Beach Oceanfront, we represent clients throughout Virginia Beach, Sandbridge, and Oceana. We offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
Law Offices Of SRIS, P.C.
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 Virginia Beach, Virginia?
First DUI in Virginia Beach: 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 Virginia Beach General District Court.
Is a DUI a felony in Virginia Beach, Virginia?
First/second DUI in Virginia Beach 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 Virginia Beach General District Court.
What happens if I refuse a breathalyzer in Virginia Beach, 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.
Can a DUI be reduced in Virginia Beach, Virginia?
Yes. A DUI in Virginia Beach 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.
How long does a DUI case take in Virginia Beach?
A DUI case in Virginia Beach General District Court typically takes 30 to 90 days from arraignment to trial. An appeal to Circuit Court adds several months. The timeline varies based on case complexity and court schedule.
Related Legal Services
- Virginia DUI Lawyer – Statewide hub page.
- Henrico County DUI Lawyer – Serving a nearby locality.
- Virginia Beach Criminal Defense Lawyer – Related practice area.
- Attorney Bryan Block Profile – Learn more about your attorney.
- Our Richmond Office – Location information.
Last verified: March 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.