DUI In Virginia — What Are Your Defense Options?
A DUI In Virginia is a Class 1 misdemeanor under Va. Code § 18.2-266, carrying penalties like jail, fines, and license loss. Law Offices Of SRIS, P.C. has handled thousands of DUI cases statewide. Our DUI defense attorneys build strong drunk driving defense strategies. Contact us for a 24/7 phone consultation.
Virginia DUI/DWI Law
In Virginia, a DUI In Virginia, also called DWI, is defined by Va. Code § 18.2-266. You commit this offense by driving or operating a motor vehicle while your ability is impaired by alcohol, drugs, or a combination, or with a blood alcohol concentration (BAC) of 0.08% or higher. The law applies to public highways and any public or private property open to public use. The penalties escalate sharply with prior offenses and higher BAC levels.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Official Legal Resources
For the full text of the law, review Va. Code § 18.2-266 (official Virginia General Assembly). For court-specific procedures, visit the Virginia Courts website.
Handling a Virginia DUI Case
Facing a DUI In Virginia requires immediate action. The process is uniform across the state, though local court customs can vary. A key procedural fact is that you have only 10 days from a General District Court conviction to file a notice of appeal to Circuit Court for a new trial.
- Secure your driving privileges by potentially applying for a restricted license.
- Prepare for your arraignment and enter a plea of not guilty.
- Work with your attorney to review all evidence, including police reports and calibration records.
- Explore defense strategies, such as challenging the stop’s legality or the test’s accuracy.
- Decide whether to negotiate a plea or proceed to a bench or jury trial.
- If convicted in General District Court, evaluate the 10-day deadline for an appeal.
Penalties for DUI in Virginia
In Virginia, a DUI conviction carries mandatory minimum penalties that increase with prior offenses and high BAC levels, including jail time, fines, and license revocation.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First Offense (BAC 0.08-0.14) | Class 1 Misdemeanor | Up to 12 months | $250 min. | 12-month revocation | Mandatory VASAP |
| First Offense (BAC 0.15-0.19) | Class 1 Misdemeanor | 5-day mandatory min. | $250 min. | 12-month revocation | Mandatory VASAP, ignition interlock |
| First Offense (BAC 0.20+) | Class 1 Misdemeanor | 10-day mandatory min. | $250 min. | 12-month revocation | Mandatory VASAP, ignition interlock |
| Second Offense (within 5 years) | Class 1 Misdemeanor | 20-day mandatory min. | $500 min. | 3-year revocation | Mandatory VASAP, ignition interlock |
| Third Offense (within 10 years) | Class 6 Felony | 90-day mandatory min. | $1,000 min. | Indefinite revocation | Mandatory VASAP, ignition interlock, vehicle forfeiture possible |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Virginia DUI Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings a combined 120+ years of legal experience to every case. We have a documented record of over 4,739 case results firm-wide with a favorable outcome rate exceeding 93%. Our approach to impaired driving cases is informed by deep knowledge of Virginia law and courtroom procedures.
Case Results
Our firm has a firm-wide record of 4,739+ documented results across VA, MD, NJ, NY, and DC with a 93%+ favorable outcome rate. In Virginia DUI cases, our attorneys, including secondary attorney Mr. Sris—a former prosecutor with a background in accounting and information systems—work to challenge evidence and seek reductions or dismissals.
Results may vary. Prior results do not aim for a similar outcome.
Virginia DUI Lawyer Near You
We serve clients across all Virginia communities. Our attorneys are available for meetings by appointment only at our various locations. For immediate assistance, we offer 24/7 phone consultations.
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
Is a DUI in Virginia a felony?
It depends. A first or second DUI is typically a misdemeanor. A third DUI within 10 years is a Class 6 felony under Virginia law, carrying more severe penalties including longer mandatory jail time.
Can I get a restricted license after a DUI in Virginia?
Yes, in many cases. You may be eligible to apply for a restricted license for purposes like work, school, or medical appointments. Eligibility depends on factors like your offense history and enrollment in VASAP.
What happens if I refuse a breath test in Virginia?
Refusing a breath test triggers an administrative license suspension under Virginia’s implied consent law. A first refusal leads to a 12-month suspension, separate from any court-imposed revocation if convicted of the DUI.
How long does a DUI stay on my record in Virginia?
A DUI conviction in Virginia remains on your criminal and driving records permanently. It cannot be expunged unless the charge is dismissed or you are found not guilty.
Should I hire a DWI lawyer for a first offense?
Yes. Even a first-offense DUI carries mandatory penalties that can disrupt your life. A skilled DWI lawyer can examine the evidence for weaknesses, advise you on the process, and work to protect your driving privileges and future.