DUI / DWI Defense Lawyer in Lexington, Virginia
Driving under the influence (DUI) in Lexington means operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by drugs or alcohol.
Virginia DUI Law in Lexington
Virginia law defines DUI (Driving Under the Influence) in Va. Code § 18.2-266. The statute prohibits driving or operating any motor vehicle, engine, or train (1) while under the influence of alcohol, (2) while under the influence of any narcotic drug or other self-administered intoxicant or drug, (3) while under the combined influence of alcohol and drugs, or (4) with a blood alcohol concentration (BAC) of 0.08 percent or more by weight by volume. For commercial drivers, the limit is 0.04%. For drivers under 21, any detectable BAC (0.02% or more) is a violation.
Last verified: March 2026 | Lexington General District Court | Virginia General Assembly
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings over 120 years of combined legal experience to each case.
Official Legal Resources
- Va. Code § 18.2-266 (official Virginia General Assembly) – The primary DUI statute.
- 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. A third DUI within 10 years becomes 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 administrative license suspension.
- Arraignment: You must appear in Lexington General District Court within 48 hours of arrest or as directed by your summons.
- Review Evidence: Your attorney will request discovery, including 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 plea agreement for a reduced charge like reckless driving, or proceed to a bench trial before the judge.
- Post-Conviction Steps: If convicted, you must enroll in VASAP within 15 days and apply for a restricted license with an ignition interlock device.
DUI Penalties in Lexington, Virginia
In Lexington, a first DUI carries a penalty range from a $250 fine and license revocation to 12 months in jail, with mandatory jail for high BAC levels.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First DUI (BAC < 0.15%) | Class 1 Misdemeanor | Up to 12 months | $250 – $2,500 | 12-month revocation | Mandatory VASAP |
| First DUI (BAC 0.15-0.20%) | Class 1 Misdemeanor | Mandatory 5 days | $250 – $2,500 | 12-month revocation | Mandatory VASAP, IID required for restricted license |
| First DUI (BAC 0.20%+) | Class 1 Misdemeanor | Mandatory 10 days | $250 – $2,500 | 12-month revocation | Mandatory VASAP, IID required |
| Second DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days to 12 months | $500 – $2,500 | 3-year revocation | Mandatory VASAP, IID required for 6 months minimum |
| Third DUI (within 10 years) | Class 6 Felony | Mandatory 90 days to 5 years | $1,000 – $2,500 | Indefinite revocation | Mandatory VASAP, vehicle forfeiture possible |
Results may vary. Case outcomes depend on specific facts, evidence, and court discretion.
Filing Fees & Costs: VASAP enrollment ~$300; restricted license application $40 at DMV; ignition interlock installation ~$100 plus $70-$100/month; court costs ~$62; towing/impound fees $150-$500+.
Why Choose Our Lexington DUI Defense Team
Founded in 1997, Law Offices Of SRIS, P.C. combines over 120 years of attorney experience with a track record of 4,739+ firm-wide case results. Our Lexington DUI defense is led by Bryan Block, a former Virginia State Trooper with 15 years of law enforcement experience. He understands how police build DUI cases from the inside, which is critical for challenging evidence in Lexington General District Court.
Our firm has 14 total documented case results in Lexington across all practice areas, with a 100% favorable outcome rate for those cases. We provide global advocacy with local precision for Lexington residents.
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
Lexington DUI Case Results
Law Offices Of SRIS, P.C. has 14 total documented case results in Lexington across all practice areas, with a 100% favorable outcome rate for those cases. Our Lexington DUI defense strategies focus on challenging the legality of the traffic stop, the administration of field sobriety tests, and the calibration of breath test instruments.
Results may vary. Prior results do not aim for a similar outcome.
DUI Lawyer Near Lexington, Virginia
Our Richmond location serves clients at Lexington courts (2 South Main Street). We represent clients throughout 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).
How long does a DUI case take in Lexington General District Court?
A typical Lexington DUI timeline: arraignment within 48 hours of arrest; General District Court trial within 30-90 days from arraignment; VASAP enrollment required within 15 days of conviction. An appeal to Circuit Court must be filed within 10 days of a GDC conviction.
Related Legal Resources
Last verified: March 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.