DUI / DWI Defense Lawyer in Lexington, Virginia
In Lexington, Virginia, a DUI 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 former Virginia State Trooper attorney provides a case-specific approach to challenge breath tests and field sobriety evidence.
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 of both (Va. Code § 18.2-266). The statute applies on all public roads in Lexington, including those near Virginia Military Institute and Washington and Lee University.
Last verified: March 2026 | Lexington General District Court | Virginia General Assembly
For the official statute text, see Va. Code § 18.2-266 (official Virginia General Assembly). Court information and procedures are available at the Lexington General District Court website.
Lexington General District Court hears first and second DUI charges. A third DUI within 10 years is a Class 6 felony heard in Lexington Circuit Court. Virginia’s implied consent law means refusing a breath test after arrest triggers a separate administrative license suspension.
- Secure your release after arrest and request a DMV administrative hearing within 10 days to contest the license suspension.
- Gather all evidence, including the arrest report, body/dash camera footage, and calibration records for the breath test device.
- Attend your arraignment at Lexington General District Court (2 South Main Street) to enter a plea and request a trial date.
- File pre-trial motions to challenge the legality of the traffic stop or the administration of field sobriety tests.
- If convicted in General District Court, you have 10 days to file an appeal for a new trial in Circuit Court.
- If required, enroll in the Virginia Alcohol Safety Action Program (VASAP) within 15 days of a conviction.
In Lexington, a first-offense DUI carries a penalty of up to 12 months in jail, a $250+ fine, and a 12-month license revocation, with mandatory VASAP enrollment.
| 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 | 5-day mandatory minimum | $250 minimum | 12-month revocation | Mandatory VASAP, ignition interlock required |
| First DUI (BAC 0.20+) | Class 1 Misdemeanor | 10-day mandatory minimum | $250 minimum | 12-month revocation | Mandatory VASAP, ignition interlock required |
| Second DUI (within 5 years) | Class 1 Misdemeanor | 20-day mandatory minimum | $500 minimum | 3-year revocation | Mandatory VASAP, ignition interlock required |
| Third DUI (within 10 years) | Class 6 Felony | 90-day mandatory minimum | $1,000 minimum | Indefinite revocation | Mandatory VASAP, potential vehicle forfeiture |
| Refusal (First Offense) | Civil Offense | N/A | N/A | 12-month administrative suspension | No restricted license available |
Results may vary. The penalties listed are the statutory maximums and minimums; actual case outcomes depend on specific facts and court discretion.
Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. The firm has over 120 years of combined attorney experience and a documented record of 4,739+ case results firm-wide, with a 93%+ favorable outcome rate. Our global advocacy and local precision guide our defense strategy in Lexington.
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
Law Offices Of SRIS, P.C. has 14 total documented case results across all practice areas in Lexington, Virginia, with a 100% favorable outcome rate for these matters. This local experience is applied to each DUI defense.
Results may vary. Prior results do not aim for a similar outcome.
Our Richmond location serves clients at the Lexington courts, accessible via I-81 and I-64. As a DUI lawyer near Lexington, we represent clients throughout the Lexington area and surrounding communities.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
Richmond Location — 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 is a Class 1 misdemeanor with up to 12 months 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 days in jail; 0.20+ adds 10 days. Cases are heard at Lexington General District Court.
Is a DUI a felony in Lexington, Virginia?
First and second DUI offenses in Lexington are Class 1 misdemeanors. A third DUI within 10 years is a Class 6 felony, punishable by 1-5 years in prison with a mandatory 90-day jail term 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 restricted license available. A second refusal is a 3-year suspension plus a Class 1 misdemeanor charge. This penalty is separate from any DUI conviction.
Can a DUI be reduced in Lexington, Virginia?
Yes. A DUI charge in Lexington can potentially be reduced to reckless driving, which avoids mandatory license revocation and VASAP. Defense strategies focus on challenging the legality of the stop, the administration of field tests, and the calibration of breath test equipment.
How long does a DUI case take in Lexington General District Court?
A typical DUI case timeline in Lexington involves an arraignment within 48 hours of arrest, a General District Court trial within 30-90 days, and mandatory VASAP enrollment within 15 days of any conviction. An appeal to Circuit Court must be filed within 10 days of a GDC conviction.
For more information, see our Virginia DUI/DWI lawyer hub page. We also serve clients in nearby areas like Henrico County and Chesterfield County. If you need assistance with a related matter in Lexington, consider our criminal defense lawyer or reckless driving lawyer. Learn more about attorney Bryan Block or our Richmond office location.
Last verified: March 2026. Information current as of March 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.