DUI / DWI Defense Lawyer in New Kent County, Virginia
Virginia DUI/DWI Law in New Kent County
Virginia law defines DUI/DWI as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol or drugs (Va. Code § 18.2-266). The penalties increase based on prior offenses and BAC level. Law Offices Of SRIS, P.C., founded in 1997 by a former prosecutor, provides full representation for these charges.
Last verified: March 2026 | New Kent County General District Court | Virginia General Assembly
Official Virginia DUI Resources
New Kent County DUI Court Process
New Kent County General District Court hears first and second DUI charges. A third DUI within 10 years is a Class 6 felony heard in New Kent County Circuit Court. Virginia’s implied consent law means refusing a breath test after arrest results in a separate charge and mandatory license suspension.
- Arraignment: Appear in New Kent County General District Court within 48 hours of arrest or as summoned.
- Review evidence: Your attorney will obtain and review police reports, breath test calibration records, and dash/body cam footage.
- File motions: File pre-trial motions to challenge the stop, field sobriety tests, or breath test procedures.
- Trial or negotiation: Proceed to trial in General District Court or negotiate a potential reduction to a lesser charge.
- Post-trial steps: If convicted, enroll in VASAP within 15 days and apply for a restricted license with an ignition interlock.
DUI Penalties in New Kent County
In New Kent County, a DUI carries penalties from a Class 1 misdemeanor to a Class 6 felony, with mandatory jail time for high BAC levels and multiple offenses. Filing fees and costs include VASAP enrollment (~$300), court costs (~$62), and ignition interlock installation (~$100 plus monthly fees).
| 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 | Mandatory 5 days | $250 minimum | 12-month revocation | Mandatory VASAP, ignition interlock |
| First DUI (BAC 0.20+) | Class 1 Misdemeanor | Mandatory 10 days | $250 minimum | 12-month revocation | Mandatory VASAP, ignition interlock |
| Second DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days | $500 minimum | 3-year revocation | Mandatory VASAP, ignition interlock |
| Third DUI (within 10 years) | Class 6 Felony | Mandatory 90 days | $1,000 minimum | Indefinite revocation | Mandatory VASAP, vehicle forfeiture possible |
| Refusal (first offense) | Civil Violation | N/A | N/A | 12-month administrative suspension | No restricted license available |
Results may vary. The penalties listed are defined by statute; the outcome in your case depends on its specific facts.
Our Experience with New Kent County DUI Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have over 120 years of combined legal experience. We have achieved 4,739+ case results firm-wide with a 93%+ favorable outcome rate. Our team includes a former Virginia State Trooper who provides a case-specific approach based on firsthand knowledge of traffic enforcement and investigation standards.
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 New Kent County
Law Offices Of SRIS, P.C. has 11 total documented case results across all practice areas in New Kent County.
Results may vary. Prior results do not aim for a similar outcome.
DUI Lawyer Near New Kent County
Our Richmond location serves clients at the New Kent County courts (12001 Courthouse Circle), accessible via I-64, Route 33, and Route 249. We are a DUI lawyer near New Kent, Providence Forge, and Quinton. We provide 24/7 phone consultations at (888) 437-7747. Meetings are 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 New Kent County, Virginia?
First DUI in New Kent County: 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 New Kent County General District Court (12001 Courthouse Circle, New Kent, VA 23124).
Is a DUI a felony in New Kent County, Virginia?
First/second DUI in New Kent County 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 New Kent County General District Court (12001 Courthouse Circle, New Kent, VA 23124).
What happens if I refuse a breathalyzer in New Kent County, 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. Cases at New Kent County General District Court (12001 Courthouse Circle, New Kent, VA 23124).
Can a DUI be reduced in New Kent County, Virginia?
Yes. A DUI in New Kent County 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. Cases at New Kent County General District Court (12001 Courthouse Circle, New Kent, VA 23124).
What is the timeline for a DUI case in New Kent County?
The timeline varies by court and case complexity. Typically, arraignment is within 48 hours, a General District Court trial occurs 30-90 days later, and VASAP enrollment is required within 15 days of any conviction.
Related Legal Services
Last verified: March 2026. Information current as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.