DUI / DWI Defense Lawyer in New Kent County, Virginia
A DUI in New Kent County 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. provides strong DUI defense in New Kent County, with documented case results and a former Virginia State Trooper skilled your defense. Call (888) 437-7747 for a 24/7 consultation.
Virginia DUI Law and Penalties
In Virginia, driving under the influence (DUI) or driving while intoxicated (DWI) is defined by Va. Code § 18.2-266. The law prohibits operating a motor vehicle while your blood alcohol concentration (BAC) is 0.08% or higher, or while you are under the influence of alcohol, drugs, or a combination to a degree that impairs your ability to drive safely. This impaired driving offense is taken very seriously in New Kent County General District Court.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 18.2-266 (official Virginia General Assembly)
- New Kent County General District Court website
New Kent County DUI Defense Process
Your DUI case in New Kent County begins with an arraignment at the General District Court on 12001 Courthouse Circle. For a third DUI within 10 years, the case becomes a felony heard in Circuit Court. Virginia’s implied consent law means refusing a breath test after arrest triggers a separate administrative license suspension. The court requires an ignition interlock device for a restricted license and mandates VASAP enrollment upon conviction.
- Receive a summons or be released from custody after arrest.
- Attend your arraignment hearing at New Kent County General District Court.
- Your attorney will review evidence, including police reports and calibration records.
- Explore defense options, which may include a motion to suppress or plea negotiations.
- Proceed to a bench trial in General District Court or prepare for an appeal to Circuit Court.
- If convicted, comply with court orders like VASAP and ignition interlock requirements.
Potential Penalties for DUI in New Kent County
In New Kent County, a DUI conviction carries severe penalties including jail time, fines, and license revocation, with mandatory minimum sentences 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 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 | VASAP, ignition interlock required |
| Second DUI (within 5 years) | Class 1 Misdemeanor | 20-day mandatory minimum | $500 minimum | 3-year revocation | VASAP, ignition interlock |
| Third DUI (within 10 years) | Class 6 Felony | 90-day mandatory minimum | $1,000 minimum | Indefinite revocation | VASAP, possible vehicle forfeiture |
| Refusal of Breath/Blood Test | Civil Offense / Class 1 Misdemeanor* | N/A (or per DUI penalty) | N/A | 12-month admin. suspension (1st); 3 years (2nd+) | Separate from DUI penalties |
*Second refusal within 10 years is a Class 1 misdemeanor.
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in DUI Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our firm has over 120 years of combined attorney experience. We focus on providing full representation for DUI charges. Our team includes a former Virginia State Trooper with 15 years of law enforcement experience, offering unique insight into DUI investigations and police procedures.
Case Results and Client Representation
In New Kent County, our firm has a record of documented case results across all practice areas. Every case is different, and we work to achieve the best possible outcome based on the specific facts. Our drunk driving defense approach is thorough, examining all details from the initial traffic stop to chemical test administration.
Our team also includes Mr. Sris, the firm’s founder and a former prosecutor. His experience and the collaborative resources of our multi-attorney firm support a full review of your DUI defense options.
Results may vary. Prior results do not aim for a similar outcome.
Local DUI Lawyer Serving New Kent County
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009 | Local: (888) 437-7747
By appointment only.
Our Richmond location serves clients at the New Kent County courts on 12001 Courthouse Circle. We are accessible via I-64 and represent individuals in New Kent, Providence Forge, and Quinton. As a DUI lawyer near New Kent County, we offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
Frequently Asked Questions: DUI in New Kent County
What is the penalty for a first DUI in New Kent County, Virginia?
A first DUI 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. Total costs often reach $5,000-$10,000+ with fines, fees, and interlock costs.
Is a DUI a felony in New Kent County, Virginia?
No, for a first or second offense. A first or second DUI is a Class 1 misdemeanor in New Kent County. A third DUI offense within 10 years is charged as a Class 6 felony, which carries 1-5 years in prison and a mandatory 90-day jail sentence.
What happens if I refuse a breathalyzer in New Kent County, Virginia?
It depends. Under Va. Code § 18.2-268.3, a first refusal triggers a 12-month administrative license suspension with no restricted license available. A second refusal within 10 years is a separate Class 1 misdemeanor with a 3-year suspension. These penalties are also to any DUI penalties if convicted.
Can a DUI be reduced in New Kent County, Virginia?
Yes. A DUI charge in New Kent County can potentially be reduced to a lesser offense like reckless driving, which avoids mandatory license revocation and VASAP. Success depends on the evidence, such as challenges to the traffic stop’s legality or the accuracy of field sobriety and chemical tests.
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 cannot be expunged. For license suspension purposes, the DMV counts prior offenses within 5-10 years for enhanced penalties, but the conviction itself does not disappear from your record.
Related Legal Information
- Virginia DUI Lawyer – Statewide defense information.
- DUI Lawyer Henrico County – Defense in a neighboring jurisdiction.
- Criminal Defense Lawyer New Kent County – For other criminal charges.
- Attorney Bryan Block Profile
- Our Richmond Office Location
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.