DUI / DWI Defense Lawyer in Lexington, Virginia
Lexington DUI is a Class 1 misdemeanor under Va. Code § 18.2-266 carrying up to 12 months in jail; Law Offices Of SRIS, P.C. has 14 documented results in Lexington. A first offense with BAC 0.15-0.20 triggers mandatory 5 days jail. Our Richmond location serves Lexington clients facing charges at Lexington General District Court. Call (888) 437-7747 for 24/7 consultation by appointment.
Virginia DUI/DWI Law in Lexington
Virginia law defines DUI/DWI as driving with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol, drugs, or a combination (Va. Code § 18.2-266). The statute applies uniformly across the state, including Lexington. 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) – Defines DUI/DWI offense.
- Lexington General District Court website – Court information, forms, and contact details.
Lexington DUI Court Process
Lexington General District Court hears first and second DUI charges. Third offense 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 results in a separate charge and mandatory license suspension.
- Arraignment within 48 hours: You must appear at Lexington General District Court within 48 hours of arrest or as directed on your summons.
- Request a court-appointed attorney or hire counsel: If you cannot afford an attorney, request a court-appointed lawyer at arraignment. Otherwise, hire experienced DUI defense counsel immediately.
- File motions to suppress evidence: Your attorney can file motions challenging the legality of the traffic stop, field sobriety tests, or breath test procedures.
- Prepare for trial or negotiate plea: Based on evidence strength, your attorney will prepare for trial or negotiate a favorable plea agreement, potentially reducing charges.
- Comply with court orders if convicted: If convicted, you must enroll in VASAP, pay fines, and complete any jail sentence. An ignition interlock device is required for a restricted license.
DUI Penalties in Lexington, Virginia
In Lexington, DUI carries penalties 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 |
|---|---|---|---|---|---|
| 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 | Mandatory 5 days | $250 minimum | 12-month revocation | Mandatory VASAP, ignition interlock |
| First DUI (BAC 0.20+) | Class 1 Misdemeanor | Mandatory 10 days | $250 minimum | 12-month revocation | Mandatory VASAP, ignition interlock |
| Second DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days | $500 minimum | 3-year revocation | Mandatory VASAP, ignition interlock |
| Third DUI (within 10 years) | Class 6 Felony | Mandatory 90 days | $1,000 minimum | Indefinite revocation | Mandatory VASAP, vehicle forfeiture possible |
| Refusal (first offense) | Civil Violation | 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.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined attorney experience and 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC, with a favorable outcome rate exceeding 93%. Our tagline is “Global advocacy. Local precision.”
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 those matters. These results include dismissals, not guilty verdicts, and charge reductions in DUI and other cases.
Results may vary. Prior results do not aim for a similar outcome.
Local DUI Defense Representation
Our Richmond location serves clients at Lexington courts (2 South Main Street). The office is accessible via I-81 and I-64. We are a DUI lawyer near Lexington and Washington and Lee University.
We serve the Lexington area and surrounding communities.
24/7 phone consultations — (888) 437-7747 — meetings 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 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).
Related Legal Services
- Virginia DUI/DWI Lawyer – Statewide hub page.
- Henrico County DUI Lawyer – Representation in nearby jurisdiction.
- Lexington Criminal Defense Lawyer – Related practice area in same locality.
- Attorney Bryan Block Profile – Learn more about your attorney.
- Richmond Office – Our location serving Lexington.
Last verified: March 2026. Information current as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.