DUI / DWI Defense Lawyer in Augusta County, Virginia
Virginia DUI/DWI Law in Augusta County
In Virginia, you commit DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) by operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol, drugs, or a combination of both (Va. Code § 18.2-266). The law applies equally on all public roads in Augusta County, including I-81, I-64, and local routes.
Last verified: March 2026 | Augusta County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s DUI statutes, visit the Va. Code § 18.2-266 (official Virginia General Assembly). For court-specific information, procedures, and forms, refer to the Augusta County General District Court website.
Augusta County DUI Court Process
Augusta County General District Court hears first and second DUI charges. A third DUI within 10 years is a Class 6 felony heard in Augusta County Circuit Court. Virginia’s implied consent law means refusing a breath or blood test after arrest triggers a separate administrative license suspension.
- Secure legal representation immediately after arrest.
- Attend your arraignment at the court on 6 East Johnson Street in Staunton.
- Your attorney reviews police reports and breath test records.
- File pre-trial motions to suppress evidence if procedural errors exist.
- Negotiate for a reduction or prepare for trial.
- If convicted, comply with VASAP and DMV requirements.
DUI Penalties in Augusta County
In Augusta County, DUI carries penalties from fines and license suspension to mandatory jail time for high BAC or repeat offenses (Va. Code § 18.2-270).
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First DUI (BAC <0.15) | Class 1 Misdemeanor | Up to 12 months | $250 min | 12-month revocation | Mandatory VASAP |
| First DUI (BAC 0.15-0.20) | Class 1 Misdemeanor | 5-day mandatory min | $250 min | 12-month revocation | VASAP, ignition interlock |
| First DUI (BAC 0.20+) | Class 1 Misdemeanor | 10-day mandatory min | $250 min | 12-month revocation | VASAP, ignition interlock |
| Second DUI (within 5 yrs) | Class 1 Misdemeanor | 20-day mandatory min | $500 min | 3-year revocation | VASAP, ignition interlock |
| Third DUI (within 10 yrs) | Class 6 Felony | 90-day mandatory min | $1,000 min | Indefinite revocation | VASAP, vehicle forfeiture possible |
| Refusal (First) | Civil Offense | N/A | N/A | 12-month admin suspension | No restricted license |
| Refusal (Second+) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | 3-year admin suspension | Runs concurrently with DUI penalty |
Results may vary. Case outcomes depend on specific facts, evidence, and court discretion.
Why Choose Our Augusta County DUI Defense Team
Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. With over 120 years of combined attorney experience and 4,739+ firm-wide case results, we bring substantial resources to your defense. Our lead attorney for Augusta County DUI cases is a former Virginia State Trooper with 15 years of law enforcement experience, providing unmatched insight into traffic stops and evidence collection.
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
Augusta County DUI Case Results
Law Offices Of SRIS, P.C. has 13 total documented case results across all practice areas in Augusta County, maintaining a 100% favorable outcome rate for these matters. These results include dismissals, reductions to reckless driving, and favorable plea agreements.
Results may vary. Prior results do not aim for a similar outcome.
Local DUI Defense Serving Augusta County
Our Shenandoah/Woodstock location serves clients at the Augusta County courts. We are a DUI lawyer near Staunton and the surrounding communities. Our office is accessible via I-81 and I-64.
We serve the neighborhoods of Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
505 N Main St, Suite 103
Woodstock, VA 22664
Phone: (888) 437-7747
By appointment only.
Frequently Asked Questions
What is the penalty for a first DUI in Augusta County, Virginia?
First DUI in Augusta 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 Augusta County General District Court.
Is a DUI a felony in Augusta County, Virginia?
First/second DUI in Augusta 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 Augusta County General District Court.
What happens if I refuse a breathalyzer in Augusta 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 Augusta County, Virginia?
Yes. A DUI in Augusta 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.
What is the typical timeline for a DUI case in Augusta County?
Arraignment: within 48 hours of arrest or summons to appear; GDC trial: 30-90 days from arraignment; VASAP enrollment required within 15 days of conviction; appeal to Circuit Court: within 10 days of GDC conviction.
Related Legal Resources
Virginia DUI Lawyer – Our state hub page for DUI defense across Virginia.
Shenandoah County DUI Lawyer – Defense in neighboring Shenandoah County.
Augusta County Criminal Defense Lawyer – Representation for other criminal charges.
Learn more about attorney Bryan Block – Profile of our lead DUI attorney.
Last verified: March 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.