DUI / DWI Defense Lawyer in Henrico County, Virginia
A first DUI conviction in Henrico County requires mandatory VASAP enrollment and carries increased penalties if your BAC was 0.15 or higher.
Virginia DUI/DWI Law and Penalties
Virginia law defines driving under the influence (DUI) 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 thereof (Va. Code § 18.2-266). The statute applies equally in Henrico County. Law Offices Of SRIS, P.C., founded in 1997 by a former prosecutor, uses its experience to handle the details of these charges.
Last verified: March 2026 | Henrico County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s DUI statutes, see Va. Code § 18.2-266 (official Virginia General Assembly). For court-specific information, visit the Henrico County General District Court website.
Henrico County DUI Court Process
Henrico County General District Court hears first and second DUI charges. A third DUI within 10 years is a Class 6 felony heard in Henrico County Circuit Court. Virginia’s implied consent law means refusing a breath test after arrest results in a separate administrative license suspension.
- Arraignment within 48 hours: Appear at Henrico County General District Court (4301 East Parham Road) within 48 hours of arrest or summons to enter a plea.
- Request discovery and review evidence: Your attorney files for discovery to obtain police reports, breath test calibration records, and dash/body cam footage.
- Evaluate defense strategies: Assess challenges to the traffic stop, field sobriety test administration, breath test accuracy, and chain of custody.
- Negotiate or prepare for trial: Pursue reduction to reckless driving or other favorable disposition. If no agreement, prepare for GDC bench trial.
- Address license suspension: File for restricted license if eligible. Complete VASAP enrollment if convicted. Install ignition interlock if required.
DUI Penalties in Henrico County
In Henrico County, a DUI carries penalties ranging from a Class 1 misdemeanor with fines and license suspension to a Class 6 felony with mandatory jail time for 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 | Mandatory 5 days | $250 minimum | 12-month revocation | VASAP; ignition interlock 6 months |
| First DUI (BAC 0.20+) | Class 1 Misdemeanor | Mandatory 10 days | $250 minimum | 12-month revocation | VASAP; ignition interlock 6 months |
| Second DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days | $500 minimum | 3-year revocation | VASAP; ignition interlock |
| Third DUI (within 10 years) | Class 6 Felony | Mandatory 90 days (1-5 years possible) | $1,000 minimum | Indefinite revocation | VASAP; felony record |
| Refusal (First) | Civil Offense | N/A | N/A | 12-month administrative suspension | No restricted license |
Results may vary. The penalties listed are statutory maximums and minimums; actual case outcomes depend on specific facts and court discretion.
Our Experience in Henrico County
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have over 120 years of combined legal experience. We focus on providing full representation for DUI charges in Henrico County. Our case-specific approach is informed by direct knowledge of 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 Henrico County
Law Offices Of SRIS, P.C. has 1 documented result in Henrico County: 1 DUI charge reduced/amended, representing a 100% favorable outcome rate for this locality.
Results may vary. Prior results do not aim for a similar outcome.
Local DUI Defense in Henrico County
Our Richmond location is approximately 10 miles from Henrico County General District Court, accessible via I-64 and I-95. We serve as a DUI lawyer near Henrico County for clients in Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville (partial). We offer 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 Henrico County, Virginia?
First DUI in Henrico 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 Henrico County General District Court.
Is a DUI a felony in Henrico County, Virginia?
First/second DUI in Henrico 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 Henrico County General District Court.
What happens if I refuse a breathalyzer in Henrico 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.
Can a DUI be reduced in Henrico County, Virginia?
Yes. A DUI in Henrico 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.
How long does a DUI case take in Henrico County General District Court?
A typical DUI case timeline in Henrico County: arraignment within 48 hours, General District Court trial within 30-90 days. An appeal to Circuit Court must be filed within 10 days of a GDC conviction.
Related Legal Services
Virginia DUI Lawyer | Chesterfield County DUI Lawyer | Henrico County Criminal Defense Lawyer | Attorney Bryan Block Profile
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.