DUI / DWI Defense Lawyer in New Kent County, Virginia
New Kent County DUI 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 11 documented case results in New Kent County. A former Virginia State Trooper on our team provides insight into police procedures and evidence challenges.
A DUI charge in New Kent County requires immediate action to protect your driving privileges and avoid mandatory jail time for high BAC levels.
Virginia DUI Law and Penalties
In Virginia, driving under the influence (DUI) is defined in Va. Code § 18.2-266 as operating a motor vehicle while having a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol, drugs, or a combination thereof. The statute applies uniformly across the state, including New Kent County. Law Offices Of SRIS, P.C., founded in 1997 by a former prosecutor, uses this detailed knowledge of the law to build defenses.
Last verified: March 2026 | New Kent County General District Court | Virginia Legislative Information System
Official Legal Resources
- Va. Code § 18.2-270 (DUI Penalties) – Official Virginia General Assembly statute detailing fines and jail terms.
- New Kent County General District Court – Official .gov website for court information, forms, and procedures.
New Kent County DUI Court Process
Your DUI case will begin at the New Kent County General District Court. The court hears first and second offenses. A third DUI within 10 years is a felony heard in Circuit Court. Virginia’s implied consent law means refusing a test after arrest triggers a separate license suspension.
- Arraignment: You will be formally charged and enter a plea of not guilty, guilty, or no contest.
- Evidence Review: Your attorney obtains discovery, including the arrest report, breath test calibration logs, and dash/body cam footage.
- Motion Filing: Pre-trial motions may challenge the legality of the traffic stop or the administration of field tests.
- Trial Preparation: For a bench trial, your attorney prepares arguments to create reasonable doubt about impairment or BAC accuracy.
- Resolution: The case may conclude through dismissal, reduction to reckless driving, or a trial verdict.
- Post-Trial Compliance: If convicted, you must enroll in VASAP, handle license sanctions, and potentially install an ignition interlock.
DUI Penalties in New Kent County
In New Kent County, a DUI conviction carries penalties including jail time, fines, and license revocation, with severity increasing with prior offenses and BAC level.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First DUI (BAC < 0.15) | Class 1 Misdemeanor | Up to 12 months | $250 min. | 12-month revocation | Mandatory VASAP |
| First DUI (BAC 0.15-0.20) | Class 1 Misdemeanor | Mandatory 5 days | $250 min. | 12-month revocation | Mandatory VASAP, IID* |
| First DUI (BAC 0.20+) | Class 1 Misdemeanor | Mandatory 10 days | $250 min. | 12-month revocation | Mandatory VASAP, IID* |
| Second DUI (within 5 yrs) | Class 1 Misdemeanor | Mandatory 20 days | $500 min. | 3-year revocation | Mandatory VASAP, IID* |
| Third DUI (within 10 yrs) | Class 6 Felony | Mandatory 90 days | $1,000 min. | Indefinite revocation | Mandatory VASAP, IID*, Felony Record |
*IID = Ignition Interlock Device required for restricted license.
Results may vary. Case outcomes depend on specific facts, evidence, and court discretion.
Our Experience in DUI Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys combine over 120 years of legal experience. We have achieved 4,739+ firm-wide case results with a favorable outcome rate of 93%+. Our tagline, “Global advocacy. Local precision,” reflects our approach to DUI defense in New Kent County.
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 New Kent County
Law Offices Of SRIS, P.C. has 11 total documented case results across all practice areas in New Kent County, with a 100% favorable outcome rate for those matters. These results include dismissals, reductions, and favorable plea agreements.
Results may vary. Prior results do not aim for a similar outcome.
Local DUI Defense Representation
Our Richmond location serves clients at the New Kent County courts (12001 Courthouse Circle). We are accessible via I-64, Route 33, and Route 249. As a DUI lawyer near New Kent County, we serve the communities of New Kent, Providence Forge, and Quinton.
We offer 24/7 phone consultations at (888) 437-7747. All meetings are by appointment only.
Law Offices Of SRIS, P.C.
Richmond Location — By appointment only
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Phone: (888) 437-7747 | Local: (804)201-9009
Frequently Asked Questions
What is the penalty for a first DUI in New Kent County, Virginia?
First DUI in New Kent County is a Class 1 misdemeanor under Va. Code § 18.2-270, carrying up to 12 months in jail, a $250 minimum fine, and a 12-month license revocation. Mandatory VASAP enrollment is required. If your BAC was 0.15-0.20, a mandatory 5-day jail sentence applies; BAC 0.20+ triggers a mandatory 10-day sentence.
Is a DUI a felony in New Kent County, Virginia?
A first or second DUI is a Class 1 misdemeanor. A third DUI offense within 10 years is a Class 6 felony under Va. Code § 18.2-270, punishable by 1-5 years in prison, a mandatory 90-day jail sentence, and indefinite license revocation.
What happens if I refuse a breathalyzer in New Kent County, Virginia?
Refusing a breath or blood test under Virginia’s implied consent law (Va. Code § 18.2-268.3) triggers a separate 12-month administrative license suspension for a first offense, with no eligibility for a restricted license. A second refusal is a Class 1 misdemeanor with a 3-year suspension.
Can a DUI be reduced in New Kent County, Virginia?
Yes, a DUI charge can potentially be reduced to reckless driving or another lesser offense. Defense strategies include challenging the legality of the traffic stop, the administration of field sobriety tests, or the calibration of breath test equipment.
What court handles DUI cases in New Kent County?
First and second DUI offenses are heard at the New Kent County General District Court at 12001 Courthouse Circle. A third DUI within 10 years, a felony, is heard at the New Kent County Circuit Court.
Related Legal Resources
- Virginia DUI Lawyer – Our state-wide hub page for DUI defense.
- Henrico County DUI Lawyer – Defense in a neighboring jurisdiction.
- New Kent County Criminal Defense Lawyer – Related practice area.
- Attorney Bryan Block Profile – Learn more about your attorney.
- Our Richmond Office – Location and contact details.
Last verified: March 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your DUI case in New Kent County.