Virginia Beach DUI / DWI Defense Lawyer — What Are Your Options?
A DUI in Virginia Beach 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 8 documented case results in Virginia Beach. A Virginia Beach VA DWI Lawyer from our firm can challenge the evidence against you. Call (888) 437-7747 for a 24/7 consultation.
Virginia DUI/DWI Law and Penalties
In Virginia, driving under the influence (DUI) or driving while intoxicated (DWI) is defined by Va. Code § 18.2-266. This statute makes it illegal to operate 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 safely. The law applies equally to prescription and illegal substances.
Last verified: April 2026 | Virginia Beach General District Court | Virginia Legislative Information System
Official Legal Resources
For the full text of the law, refer to Va. Code § 18.2-266 (official Virginia General Assembly). Court information and procedures for Virginia Beach can be found at the Virginia Beach General District Court website.
Handling a DUI Case in Virginia Beach Court
Virginia Beach General District Court hears first and second DUI charges. A third DUI within 10 years is a Class 6 felony heard in Circuit Court. Prosecutors in this court routinely move forward with cases based on police reports and breath test results. An effective impaired driving defense strategy often involves scrutinizing the traffic stop’s legality and the calibration records of the breath test device.
- Arraignment and Plea: You will be formally charged and enter a plea of guilty, not guilty, or no contest at your first court date.
- Pre-Trial Motions: Your attorney may file motions to suppress evidence if your rights were violated during the stop or arrest.
- Negotiation and Review: Your DUI attorney will review all evidence with the prosecutor to seek a reduction or dismissal of charges.
- Trial: If no agreement is reached, your case proceeds to a bench trial before a judge in General District Court.
- Sentencing or Appeal: After a verdict, the judge imposes sentence. You have 10 days to appeal a conviction to Circuit Court for a new trial.
Potential Penalties for DUI in Virginia Beach
In Virginia Beach, a DUI conviction carries severe penalties including mandatory jail time for high BAC levels, substantial fines, and long-term license loss.
| 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 by a former prosecutor, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We focus on a detailed, evidence-based approach to drunk driving defense.
Case Results and Client Advocacy
In Virginia Beach, our attorneys have documented case results across all practice areas. Every case is unique, and we work to achieve the best possible outcome given the specific facts and evidence. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases, ensuring a multi-layered review of every defense strategy.
Results may vary. Prior results do not aim for a similar outcome.
Virginia Beach DUI Lawyer Near Me
Our Richmond location serves clients facing charges at Virginia Beach General District Court. We are accessible via I-64 and I-264. We provide legal representation to individuals in Virginia Beach, Sandbridge, and Oceana.
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: (888) 437-7747
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Virginia Beach DUI/DWI FAQs
What is the penalty for a first DUI in Virginia Beach, Virginia?
First DUI in Virginia Beach: 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.
Is a DUI a felony in Virginia Beach, Virginia?
First/second DUI in Virginia Beach is a Class 1 misdemeanor. Third DUI within 10 years is a Class 6 felony (1-5 years, mandatory 90 days jail, indefinite revocation).
What happens if I refuse a breathalyzer in Virginia Beach, 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.
Can a DUI be reduced in Virginia Beach, Virginia?
Yes. A DUI in Virginia Beach 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.
How long will a DUI stay on my record in Virginia?
It depends. A Virginia DUI conviction is a permanent criminal record. It cannot be expunged. However, for driver’s license purposes, the DMV points and the offense itself are factored into your driving record for 11 years.
For more information, see our Virginia DUI Lawyer hub page. We also assist clients in nearby areas like Henrico County and with related issues such as Virginia Beach Criminal Defense.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.