DUI / DWI Defense Lawyer in Augusta County, Virginia
A DUI in Augusta County is a Class 1 misdemeanor under Va. Code § 18.2-266, carrying up to 12 months in jail, a $250+ fine, and a 12-month license revocation. Law Offices Of SRIS, P.C. has 13 documented case results in Augusta County.
Virginia DUI Law and Penalties
In Virginia, driving under the influence (DUI) is defined by Va. Code § 18.2-266. It is illegal to operate a motor vehicle while having a blood alcohol concentration (BAC) of 0.08% or higher, or while under the influence of alcohol, drugs, or a combination to a degree that impairs your ability to drive safely. The law applies equally to prescription and over-the-counter medications if they impair your driving.
Last verified: April 2026 | Augusta County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s DUI statutes, refer to the Va. Code § 18.2-266 (official Virginia General Assembly website). Court information, including forms and procedures for Augusta County, can be found on the Augusta County General District Court website.
Augusta County DUI Court Process
DUI cases in Augusta County begin at the Augusta County General District Court at 6 East Johnson Street in Staunton. Virginia’s implied consent law means refusing a breath or blood test after arrest triggers a separate administrative license suspension. The court hears first and second DUI offenses; a third within 10 years is a Class 6 felony heard in Circuit Court.
- Arraignment: You will be formally charged and enter a plea (guilty, not guilty, or no contest) at the Augusta County General District Court.
- Pre-Trial Motions: Your attorney may file motions to suppress evidence, such as challenging the legality of the traffic stop or the administration of field sobriety tests.
- Trial or Negotiation: Your case may proceed to a bench trial before a judge, or your attorney may negotiate with the Commonwealth’s Attorney for a potential reduction or dismissal.
- Sentencing: If convicted, the judge will impose penalties, which always include mandatory enrollment in the Virginia Alcohol Safety Action Program (VASAP).
- License Actions: You must separately address your driving privileges with the Virginia DMV, which may involve applying for a restricted license with an ignition interlock device.
- Appeal: You have 10 days to appeal a General District Court conviction to the Augusta County Circuit Court for a new trial.
DUI Penalties in Augusta County
In Augusta County, a first-offense DUI carries up to 12 months in jail, a minimum $250 fine, and a 12-month license revocation, with penalties escalating sharply for repeat offenses or high BAC levels.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First DUI | 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-day minimum | $250 – $2,500 | 12-month revocation | Mandatory VASAP, ignition interlock for 6+ months |
| Second DUI (within 10 years) | Class 1 Misdemeanor | Mandatory 20-day to 12-month | $500 – $2,500 | 3-year revocation | Mandatory VASAP |
| Third DUI (within 10 years) | Class 6 Felony | Mandatory 90-day to 5-year | $1,000 – $2,500 | Indefinite revocation | Mandatory VASAP, vehicle forfeiture possible |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Augusta County Courts
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the local procedures and personnel in the Augusta County General District Court.
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
Our firm has a documented history of achieving favorable results in DUI cases. For example, we have successfully negotiated reductions from DUI to reckless driving, which avoids the mandatory license revocation and VASAP requirement. In other cases, we have secured dismissals or not guilty verdicts by challenging the validity of traffic stops, the administration of field sobriety tests, or the calibration of breath test equipment.
Results may vary. Prior results do not guarantee a similar outcome.
Our secondary attorney on complex cases is Mr. Sris, the firm’s founder and a former prosecutor with over 25 years of experience who is admitted to practice in Virginia, Maryland, DC, New Jersey, and New York.
Augusta County DUI Defense Near You
Our Shenandoah/Woodstock location serves clients in Augusta County and the surrounding Shenandoah Valley. We are familiar with the route to the Augusta County General District Court in Staunton via I-81 and I-64. We provide representation for clients in Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville.
24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
Shenandoah/Woodstock Location
505 N Main St #103
Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only.
Augusta County DUI Lawyer FAQ
What is the penalty for a first DUI in Augusta County, Virginia?
A first DUI in Augusta County is a Class 1 misdemeanor with penalties of up to 12 months in jail, a $250 minimum fine, a 12-month license revocation, and mandatory VASAP enrollment. A BAC of 0.15-0.20% adds a mandatory 5-day jail sentence; 0.20%+ adds 10 days.
Is a DUI a felony in Augusta County, Virginia?
No, for first and second offenses. A first or second DUI in Augusta County is a Class 1 misdemeanor. However, a third DUI offense within 10 years is charged as a Class 6 felony, carrying 1-5 years in prison and mandatory 90 days in jail.
What happens if I refuse a breathalyzer in Augusta County, Virginia?
Under Va. Code § 18.2-268.3, refusal triggers an administrative license suspension: 12 months for a first offense (with no eligibility for a restricted license) and 3 years for a second, plus a separate Class 1 misdemeanor charge. This penalty is also to any DUI conviction penalties.
Can a DUI be reduced in Augusta County, Virginia?
It depends. Yes, a DUI charge can potentially be reduced to a lesser offense like reckless driving, which avoids mandatory license revocation and VASAP. Success depends on the specific facts of your case, the strength of the evidence, and the skill of your drunk driving defense lawyer Augusta County in negotiating with the prosecutor.
How long does a DUI stay on your record in Virginia?
A DUI conviction in Virginia is a permanent entry on your criminal and driving records. It cannot be expunged. This can affect employment, insurance rates, and professional licensing indefinitely.
For more information, see our Virginia DUI Lawyer hub page. We also assist clients in nearby jurisdictions like Shenandoah County and Rockingham County. If you are facing other charges, our Augusta County attorneys also handle criminal defense and reckless driving cases.
Page last verified and updated: April 2026. Laws change frequently. For the most current advice regarding your DUI charge in Augusta County, contact Law Offices Of SRIS, P.C. at (888) 437-7747.