DUI / DWI Defense Lawyer in Lexington, Virginia
A DUI in Lexington, Virginia, is a Class 1 misdemeanor under Va. Code § 18.2-266, carrying up to 12 months in jail, a $250+ fine, and a 12-month license revocation. Law Offices Of SRIS, P.C. has 14 total documented case results in Lexington. Our Lexington VA DUI lawyer provides immediate defense for charges heard at Lexington General District Court.
Virginia DUI Law and Penalties
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 of both. A DWI (driving while intoxicated) charge applies under the same statute. The penalties escalate sharply with prior offenses and higher BAC levels.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the DUI statute, see Va. Code § 18.2-266 (official Virginia General Assembly). For court information, visit the Lexington General District Court website.
Handling a DUI Case in Lexington
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. Prosecutors in this jurisdiction routinely seek the mandatory minimum jail time for high-BAC cases. An experienced DUI attorney can challenge the traffic stop, field sobriety tests, and breath test calibration.
- Secure your release after arrest and request a DMV administrative hearing within 10 days to challenge the license suspension.
- Gather all evidence, including the arrest report, breath test logs, and witness information.
- File pre-trial motions to challenge the legality of the traffic stop or the accuracy of chemical tests.
- Negotiate with the Commonwealth’s Attorney, seeking a reduction to reckless driving where possible.
- Prepare for trial, focusing on cross-examining the arresting officer and presenting alternative explanations for observed impairment.
- If convicted, immediately file for a restricted license and enroll in the required VASAP program.
In Lexington, a first-offense DUI carries up to 12 months in jail, a $250 minimum fine, a 12-month license revocation, and mandatory VASAP enrollment. A BAC of 0.15% or higher triggers mandatory jail time.
| 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 | Mandatory VASAP & Ignition Interlock |
| Second DUI (within 5 years) | Class 1 Misdemeanor | 20-day mandatory minimum | $500 minimum | 3-year revocation | Mandatory VASAP & Ignition Interlock |
| Third DUI (within 10 years) | Class 6 Felony | 90-day mandatory minimum | $1,000 minimum | Indefinite revocation | Mandatory VASAP & Vehicle Forfeiture possible |
Results may vary. Prior results do not aim for a similar outcome.
Our Firm’s Experience in DUI Defense
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to every case. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. Our “Advocacy Without Borders” approach means we build defenses case-specific to the specific procedures of Lexington General District Court.
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. Our team, including secondary attorney Mr. Sris—a former prosecutor and firm founder—focuses on challenging the Commonwealth’s evidence to seek dismissals or reductions.
Results may vary. Prior results do not aim for a similar outcome.
Local DUI Defense Serving Lexington
Our Richmond location serves clients at the Lexington courts. As a DUI lawyer near Lexington, we represent individuals in the Lexington community and surrounding areas. We offer 24/7 phone consultations.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009 | Local: (804) 201-9009
By appointment only.
Lexington DUI Lawyer FAQ
What is the penalty for a first DUI in Lexington, Virginia?
A first DUI in Lexington is a Class 1 misdemeanor with up to 12 months in jail, a $250 minimum fine, a 12-month license revocation, and mandatory VASAP. A BAC of 0.15-0.20% adds a mandatory 5 days in jail; 0.20%+ adds 10 days.
Is a DUI a felony in Lexington, Virginia?
No, for first and second offenses. A first or second DUI is a Class 1 misdemeanor. A third DUI within 10 years is a Class 6 felony, carrying 1-5 years in prison and mandatory 90 days in jail.
What happens if I refuse a breathalyzer in Lexington, Virginia?
Under Va. Code § 18.2-268.3, a first refusal triggers a 12-month administrative license suspension with no restricted license option. A second refusal is a 3-year suspension plus a separate Class 1 misdemeanor charge.
Can a DUI be reduced in Lexington, Virginia?
Yes. An experienced drunk driving defense attorney may negotiate a reduction to reckless driving, which avoids mandatory license revocation and VASAP. Success depends on challenging the stop, tests, and calibration.
How long will a DUI stay on my record in Virginia?
A DUI conviction in Virginia remains on your criminal and driving records permanently. It is not eligible for expungement under current law, making a strong defense with a DWI lawyer critical from the start.
For more information, see our Virginia DUI lawyer hub page. We also assist with criminal defense in Lexington and reckless driving charges.
Last verified: April 2026. The information on this page is for general purposes and does not constitute legal advice. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Attorney advertising. Prior results do not aim for a similar outcome.