DUI / DWI Defense Lawyer in Lexington, Virginia
Virginia DUI/DWI Law in Lexington
Virginia law defines DUI (Driving Under the Influence) 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. The statute, Va. Code § 18.2-266, applies uniformly across the state, including Lexington. Law Offices Of SRIS, P.C., founded in 1997 by a former prosecutor, provides full representation for these charges.
Last verified: March 2026 | Lexington General District Court | Va. Code § 18.2-266
Official Legal Resources
- Va. Code § 18.2-266 (official Virginia General Assembly) – The primary DUI statute.
- Lexington General District Court website – For court forms, hours, and local procedures.
Lexington DUI Court Process
Your case begins with an arraignment at Lexington General District Court. The court hears first and second DUI charges; a third within 10 years is a felony heard in Circuit Court.
- Arraignment: Appear in court to enter a plea. This occurs within 48 hours of arrest or as per your summons.
- Discovery Review: Your attorney obtains police reports, breath test logs, and video evidence to identify weaknesses.
- Pre-Trial Motions: File motions to challenge the legality of the traffic stop or the accuracy of chemical tests.
- Negotiation or Trial: Pursue a reduction to reckless driving or present your defense at a bench trial.
- Post-Trial Compliance: If convicted, you must enroll in VASAP within 15 days and may apply for a restricted license.
DUI Penalties in Lexington
In Lexington, a DUI conviction carries severe penalties including jail time, fines, and license loss, with increased penalties for high BAC or repeat offenses.
| 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 |
Results may vary. The penalties listed are defined by statute; the outcome in your case depends on its specific facts.
Our Experience in Lexington Courts
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have over 120 years of combined legal experience. We focus on providing a strong defense for clients in Lexington. Our approach is based on a detailed review of each case’s evidence and local court procedures.
Kristen Fisher, Senior Attorney at Law Offices Of SRIS, P.C. — Licensed in MD, VA. Former MD Assistant State’s Attorney. View Kristen Fisher’s Profile
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
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 for those cases. These results include dismissals, not guilty verdicts, and charge reductions.
Results may vary. Prior results do not aim for a similar outcome in your case.
Local DUI Defense in Lexington
Our Richmond location serves clients at the Lexington courts on 2 South Main Street. We are accessible via I-81 and I-64.
Seeking a DUI lawyer near Lexington or near Virginia Military Institute (VMI)? We serve the Lexington area and surrounding communities.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Phone: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions
What is the penalty for a first DUI in Lexington, Virginia?
First DUI in Lexington: 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. Cases at Lexington General District Court.
Is a DUI a felony in Lexington, Virginia?
First/second DUI in Lexington is a Class 1 misdemeanor. Third DUI within 10 years is a Class 6 felony (1-5 years, mandatory 90 days jail, indefinite revocation). Cases at Lexington General District Court.
What happens if I refuse a breathalyzer in Lexington, 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 Lexington, Virginia?
Yes. A DUI in Lexington 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 does a DUI case take in Lexington General District Court?
A typical timeline: arraignment within 48 hours of arrest, General District Court trial within 30-90 days. If convicted, you must enroll in VASAP within 15 days. An appeal to Circuit Court must be filed within 10 days of conviction.
Related Legal Information
- Virginia DUI/DWI Lawyer – Our state practice hub.
- Henrico County DUI Lawyer – Defense in a nearby locality.
- Lexington Criminal Defense Lawyer – For related charges like assault or drug possession.
- Attorney Bryan Block Profile – Learn more about your attorney.
- Our Richmond Office – Location serving Lexington.
Last verified: March 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.