What To Do After Virginia DUI Arrest: A Step-by-Step Guide
A Virginia DUI arrest under Va. Code § 18.2-266 is a serious Class 1 misdemeanor with immediate license suspension and potential jail time. Knowing what to do after a Virginia DUI arrest is critical to protect your rights and driving privileges. Law Offices Of SRIS, P.C. provides immediate guidance and defense for impaired driving charges statewide. Contact our DUI defense attorney for a 24/7 consultation.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Virginia DUI Law and Your Immediate Rights
Driving under the influence (DUI) or driving while intoxicated (DWI) in Virginia is defined under 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. A DUI arrest triggers an automatic administrative license suspension by the DMV, separate from any criminal court penalties. The firm, founded in 1997 by former prosecutor Mr. Sris, focuses on building strong defenses against these charges from the moment of arrest.
Official Legal Resources
- Va. Code § 18.2-270 (Official DUI Penalties)
- Virginia Court System (Official Court Website)
Critical Steps and Local Court Process
Virginia statewide practice requires swift action following a DUI arrest. The key procedural fact is that you have only a limited time to request a DMV hearing to challenge the administrative license suspension—typically seven days from the date of arrest. Failing to request this hearing results in an automatic suspension. In courts across Virginia, prosecutors move quickly on DUI cases, making early attorney involvement essential.
- Secure Your Release and Documents: After booking, ensure you receive all paperwork, including your summons and DMV suspension order.
- Contact a DUI Defense Attorney Immediately: Call a lawyer to discuss the arrest details and begin preparing your defense strategy.
- Request a DMV Hearing: Your attorney can file a request for a DMV hearing within seven days to fight the administrative license suspension.
- Prepare for Your Arraignment: Your first court date is an arraignment where you will enter a plea; do not do this without legal counsel.
- Investigate the Arrest: Your lawyer will obtain evidence, including police reports, dash/body cam footage, and breathalyzer maintenance records.
- Develop a Defense Strategy: Based on the evidence, your attorney will advise on the best path, which may involve challenging the stop, the testing procedure, or negotiating a resolution.
Potential Penalties for DUI in Virginia
In Virginia, a DUI conviction carries severe penalties including jail time, fines, and long-term license revocation, with penalties increasing sharply for repeat offenses or high BAC levels.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First Offense (BAC < 0.15) | Class 1 Misdemeanor | Up to 12 months | $250 min. | 12-month revocation | Mandatory VASAP |
| First Offense (BAC 0.15-0.20) | Class 1 Misdemeanor | 5-day mandatory min. | $250 min. | 12-month revocation | Mandatory VASAP, Ignition Interlock |
| Second Offense (within 5 yrs) | Class 1 Misdemeanor | 20-day mandatory min. | $500 min. | 3-year revocation | Mandatory VASAP, Ignition Interlock |
| Third Offense (within 10 yrs) | Class 6 Felony | 90-day mandatory min. | $1,000 min. | Indefinite revocation | Mandatory VASAP, Vehicle Forfeiture possible |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your DUI Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys bring a combined 120+ years of legal experience to drunk driving defense. Our firm-wide track record includes 4,739+ documented case results with a favorable outcome rate exceeding 93%. We understand that knowing what to do after a Virginia DUI arrest can be overwhelming, and we provide clear, immediate guidance.
Documented Case Results in DUI Defense
Our firm has achieved favorable outcomes in DUI cases across Virginia. For example, we have successfully argued motions to suppress breathalyzer results due to calibration issues, skilled to reduced or dismissed charges. In other cases, we have negotiated for alternative sentencing that avoids jail time for first-time offenders. Firm-wide across VA, MD, NJ, NY, and DC, we have 4,739+ documented results with a 93%+ favorable outcome rate. Of Counsel attorney Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases.
Results may vary. Prior results do not aim for a similar outcome.
Virginia DUI Defense Lawyer Near You
Our Fairfax location is centrally located for clients across Northern Virginia. We serve all Virginia communities and are accessible for meetings by appointment. For a DUI lawyer near Virginia, contact us for a 24/7 phone consultation.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions (What To Do After Virginia DUI Arrest)
Should I take a breathalyzer test if arrested for DUI in Virginia?
It depends. Virginia has an “implied consent” law (Va. Code § 18.2-268.2). Refusing a breath test triggers an automatic one-year license suspension for a first refusal, separate from any DUI penalty. However, refusing may deprive the prosecution of key evidence. An attorney can advise based on your specific situation.
How long will my license be suspended after a DUI arrest?
Your license is suspended immediately upon arrest under an administrative order. This suspension lasts until the criminal case is resolved, unless you win a DMV hearing. A first-offense DUI conviction results in a 12-month revocation. You may be eligible for a restricted license during this period.
What is VASAP?
The Virginia Alcohol Safety Action Program (VASAP) is mandatory for all DUI convictions. It involves an assessment, education classes, and possibly treatment. Successful completion is required to restore your driving privileges. Enrollment fees are approximately $300.
Can I represent myself in a Virginia DUI case?
No. DUI law is complex, with strict procedural rules and severe penalties. Prosecutors are experienced. A DUI defense attorney understands the legal defenses, can challenge evidence, and negotiate with prosecutors, which significantly improves the chance of a better outcome compared to self-representation.
What happens at the DMV hearing?
The DMV hearing is separate from your criminal case and focuses solely on whether your license should be suspended administratively. An attorney can argue against the suspension by challenging the legality of the stop or the validity of the breath test refusal. Winning this hearing restores your full driving privileges pending the criminal trial.
How much does a DUI lawyer cost in Virginia?
Costs vary based on case complexity, such as whether it’s a first offense or involves an accident or high BAC. Many attorneys offer flat fees for DUI defense. While there is an upfront cost, a skilled DWI lawyer can often save you much more in fines, increased insurance rates, and lost income by achieving a favorable result.
Internal Resources: For more information, see our Virginia DUI Lawyer hub page. We also assist with related charges like traffic violations in Virginia.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance on what to do after a Virginia DUI arrest.
This answer covers Virginia. Our page on dui lawyer Virginia sets out the whole process from start to finish.