DUI / DWI Defense Lawyer in Lexington, Virginia
In Lexington, Virginia, a DUI (Driving Under the Influence) is a Class 1 misdemeanor under Va. Code § 18.2-266, carrying penalties of 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 Richmond location provides experienced defense for charges heard at Lexington General District Court.
A DUI conviction in Lexington triggers mandatory enrollment in the Virginia Alcohol Safety Action Program (VASAP) and can require an ignition interlock device for a restricted license.
Virginia DUI Law in Lexington
Virginia law prohibits operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both. A blood alcohol concentration (BAC) of 0.08% or higher constitutes DUI per se. Enhanced penalties apply for BAC levels of 0.15% or higher. The statute also covers impairment by any narcotic drug or other self-administered intoxicant.
Last verified: March 2026 | Lexington General District Court | Va. Code § 18.2-266
Official Legal Resources
- Va. Code § 18.2-266 (DUI/DWI statute) — Official Virginia General Assembly code.
- Lexington General District Court website — Official .gov site for court information.
Lexington DUI Court Process
Your DUI case begins with an arraignment at Lexington General District Court. The court hears first and second offense DUIs. A third DUI within 10 years is a Class 6 felony heard in Lexington Circuit Court.
- Arraignment: You will appear in court to hear the formal charges and enter a plea of not guilty.
- Discovery: Your attorney requests all evidence from the Commonwealth’s Attorney, including police reports and calibration records.
- Pre-trial Motions: Motions to suppress evidence may be filed if your rights were violated during the stop or arrest.
- Trial or Negotiation: Your case may proceed to a bench trial before a judge or be resolved through negotiation for a reduced charge.
- Sentencing: If convicted, the judge will impose penalties including fines, jail time (mandatory for high BAC), and license revocation.
- Post-Conviction Requirements: You must enroll in VASAP and may apply to the DMV for a restricted license.
DUI Penalties in Lexington
In Lexington, 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 – $2,500 | 12-month revocation | Mandatory VASAP |
| First DUI (BAC 0.15-0.20) | Class 1 Misdemeanor | Mandatory 5 days | $250 – $2,500 | 12-month revocation | VASAP, ignition interlock required for restricted license |
| First DUI (BAC 0.20+) | Class 1 Misdemeanor | Mandatory 10 days | $250 – $2,500 | 12-month revocation | VASAP, ignition interlock required |
| Second DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days to 12 months | $500 – $2,500 | 3-year revocation | VASAP, ignition interlock required for 6 months minimum upon restoration |
| Third DUI (within 10 years) | Class 6 Felony | Mandatory 90 days to 5 years | $1,000 – $2,500 | Indefinite revocation | VASAP, possible vehicle forfeiture |
Results may vary. The penalties listed are defined by statute; the outcome in any individual case depends on the specific facts and evidence.
Our Defense Experience
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings over 120 years of combined legal experience to each case. We focus on providing full representation for DUI charges in Lexington and surrounding communities.
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. Our attorneys work to achieve favorable outcomes, which may include charge reductions, dismissals, or acquittals.
Results may vary. Prior results do not aim for a similar outcome in any future case.
Local DUI Defense in Lexington
Our Richmond location serves clients at the Lexington courts. As a DUI lawyer near Lexington, we represent individuals throughout 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?
Arraignment is within 48 hours of arrest or summons. A General District Court trial typically occurs 30-90 days from arraignment. An appeal to Circuit Court must be filed within 10 days of a GDC conviction.
Related Legal Information
- Virginia DUI Lawyer — Statewide hub page.
- Henrico County DUI Lawyer — Defense in a nearby locality.
- Lexington Criminal Defense Lawyer — Related practice area.
- Attorney Bryan Block Profile
- Our Richmond Office
Last verified: March 2026. Information is current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.