DUI / DWI Defense Lawyer in Lexington, Virginia
A DUI in Lexington is a Class 1 misdemeanor under Va. Code § 18.2-266, carrying up to 12 months in jail, a $250 minimum fine, and a 12-month license revocation. Law Offices Of SRIS, P.C. has 14 documented case results in Lexington. Our DUI defense lawyer Lexington team provides strong representation at Lexington General District Court. Contact us for a 24/7 consultation.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Lexington DUI/DWI Law and Penalties
Driving under the influence (DUI) in Virginia, defined in Va. Code § 18.2-266, prohibits operating a motor vehicle while impaired by alcohol, drugs, or a combination thereof, or with a blood alcohol concentration (BAC) of 0.08% or higher. The statute is strictly enforced in Lexington, home to Virginia Military Institute and Washington and Lee University. Founded in 1997 by former prosecutor Mr. Sris, our firm understands the serious consequences a DUI conviction can have on your driving privileges, employment, and future.
Official Legal Resources
- Va. Code § 18.2-266 (DUI Statute) – Official Virginia General Assembly website.
- Lexington General District Court – Official court website for case information.
Handling a Lexington DUI Case
Lexington General District Court hears first and second DUI charges. A key local procedural fact is that Virginia’s implied consent law means refusing a breath or blood test after arrest triggers a separate administrative license suspension. Our drunk driving defense lawyer Lexington approach starts with a detailed case review.
- Case Evaluation: We review the traffic stop, field sobriety tests, and breath test calibration records for procedural errors.
- Pre-Trial Strategy: We file motions to suppress evidence if constitutional rights were violated during the stop or arrest.
- Negotiation: We engage with the Commonwealth’s Attorney to seek a reduction to reckless driving where possible, avoiding mandatory penalties.
- Trial Preparation: If a favorable plea cannot be reached, we prepare a full defense for trial before the judge.
- Post-Trial Actions: We guide clients through VASAP enrollment, restricted license applications, and ignition interlock requirements if convicted.
- Appeal: If convicted in General District Court, we can file an appeal to Lexington Circuit Court for a new trial within 10 days.
In Lexington, a DUI conviction carries severe penalties including jail time, fines, and license revocation, with enhanced penalties for high BAC or repeat offenses.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| 1st DUI (BAC < 0.15%) | Class 1 Misdemeanor | Up to 12 months | $250 min. | 12-month revocation | Mandatory VASAP |
| 1st DUI (BAC 0.15-0.20%) | Class 1 Misdemeanor | 5-day mandatory min. | $250 min. | 12-month revocation | Mandatory VASAP & interlock |
| 1st DUI (BAC 0.20%+) | Class 1 Misdemeanor | 10-day mandatory min. | $250 min. | 12-month revocation | Mandatory VASAP & interlock |
| 2nd DUI (within 5 years) | Class 1 Misdemeanor | 20-day mandatory min. | $500 min. | 3-year revocation | Mandatory VASAP |
| 3rd DUI (within 10 years) | Class 6 Felony | 90-day mandatory min. | $1,000 min. | Indefinite revocation | Mandatory VASAP |
| Refusal (1st offense) | Civil Offense | N/A | N/A | 12-month admin. suspension | No restricted license |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Lexington DUI Defense Team
Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our founding attorney, Mr. Sris, is a former prosecutor who understands both sides of the courtroom. We have a documented record of 4,739+ case results firm-wide with a 93%+ favorable outcome rate, advocating for clients across Virginia, Maryland, New Jersey, New York, and DC.
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
Documented Case Results
Our firm has 14 total documented case results across all practice areas in Lexington. In DUI defense, our strategies have secured favorable outcomes such as charges reduced to reckless driving or dismissed. For example, our team has successfully argued for reductions in cases involving high BAC readings and implied consent violations. Mr. Sris, our firm’s founder and a former prosecutor, provides strategic oversight on complex cases.
Results may vary. Prior results do not guarantee a similar outcome.
Lexington DUI Defense Lawyer Near Me
Our Richmond location serves clients at the Lexington courts (2 South Main Street). We are accessible via I-81 and I-64. Our DUI defense attorney Lexington team is available for clients in Lexington and surrounding communities.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Lexington DUI/DWI Lawyer FAQ
What is the penalty for a first DUI in Lexington, Virginia?
A first DUI in Lexington is a Class 1 misdemeanor with up to 12 months jail, a $250 minimum fine, a 12-month license revocation, and mandatory VASAP. A BAC of 0.15-0.20% carries a mandatory 5 days in jail; 0.20%+ carries 10 days. Cases are heard at Lexington General District Court.
Is a DUI a felony in Lexington, Virginia?
A first or second DUI in Lexington is a Class 1 misdemeanor. A third DUI within 10 years is a Class 6 felony, punishable by 1-5 years in prison with a mandatory 90-day jail sentence and indefinite license revocation.
What happens if I refuse a breathalyzer in Lexington, Virginia?
Under Va. Code § 18.2-268.3, a first refusal triggers a 12-month administrative license suspension with no eligibility for a restricted license. A second refusal within 10 years is a Class 1 misdemeanor with a 3-year suspension. This penalty is separate from any DUI conviction 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 legality of the traffic stop, the administration of field sobriety tests, and the calibration of breath test equipment.
How long will a DUI stay on my record in Virginia?
A DUI conviction in Virginia is a permanent criminal record. It cannot be expunged. This underscores the critical importance of securing strong legal representation from a DUI defense lawyer Lexington to fight the charge or seek a reduction to a less serious offense.
Related Legal Services in Lexington
If you are facing other charges, our firm provides full legal support. We are also experienced criminal defense lawyers in Lexington and can assist with reckless driving charges. For statewide resources, visit our Virginia DUI lawyer hub page.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.