DUI / DWI Defense Lawyer in Henrico County, Virginia
A DUI in Henrico 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 1 documented DUI result in Henrico County. A DUI lawyer Henrico County can challenge the stop, field tests, and breath test calibration to seek a reduction.
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. The statute, Va. Code § 18.2-266, is strictly enforced in Henrico County General District Court. A conviction triggers mandatory penalties, including license revocation and enrollment in the Virginia Alcohol Safety Action Program (VASAP).
Last verified: April 2026 | Henrico 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). Court information, including forms and procedures for Henrico County, can be found on the Henrico County General District Court website.
Henrico County DUI Defense Strategy
In Henrico County General District Court, prosecutors routinely seek the mandatory minimum penalties for DUI, especially for high BAC (0.15%+) cases. A key procedural fact is that a preliminary breath test (PBT) result is only admissible to establish probable cause for the arrest, not to prove guilt at trial. This creates a critical defense opportunity. A DUI defense attorney Henrico County will analyze the traffic stop’s legality, the administration of field sobriety tests, and the calibration records of the breathalyzer machine at the station.
- Secure representation immediately after arrest to protect your license and begin building your defense.
- Your attorney will file a motion for discovery to obtain the police report, dash/body cam footage, and breath test maintenance logs.
- A suppression hearing may be scheduled to challenge any constitutional violations in the stop or arrest.
- Based on the evidence, your DUI defense attorney Henrico County will negotiate with the prosecutor for a reduction or prepare for trial.
- If convicted, your attorney will guide you through VASAP enrollment and the restricted license process.
DUI Penalties in Henrico County
In Henrico County, a first-offense DUI carries up to 12 months in jail, a minimum $250 fine, a 12-month license revocation, and mandatory VASAP enrollment.
| 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 | Mandatory VASAP & Ignition Interlock |
| First DUI (BAC 0.20%+) | Class 1 Misdemeanor | Mandatory 10 days | $250 – $2,500 | 12-month revocation | Mandatory VASAP & Ignition Interlock |
| Second DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days | $500 – $2,500 | 3-year revocation | Mandatory VASAP |
| Third DUI (within 10 years) | Class 6 Felony | Mandatory 90 days | $1,000 – $2,500 | Indefinite revocation | Mandatory VASAP |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Henrico County Courts
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We have a documented result in Henrico County where a DUI charge was successfully amended to a lesser offense. Our drunk driving defense lawyer Henrico County, Bryan Block, is a former Virginia State Trooper with 15 years of law enforcement experience, providing unique insight into DUI investigations and police procedures.
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 documented DUI case results in Henrico County and across Virginia. In one Henrico County case, a DUI charge was amended to a lesser offense, avoiding the mandatory license revocation. Firm-wide, we have handled over 4,739 cases with a favorable outcome rate exceeding 93%.
Results may vary. Prior results do not guarantee a similar outcome.
Local DUI Defense Representation
Our Richmond location serves clients at the Henrico County courts. We are a DUI lawyer near Henrico County, accessible via I-64, I-95, and I-295. We serve the communities of Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville.
24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Henrico County DUI Lawyer FAQ
What is the penalty for a first DUI in Henrico County, Virginia?
A Class 1 misdemeanor with up to 12 months jail, a $250 minimum fine, a 12-month license revocation, and mandatory VASAP. A BAC of 0.15-0.20% adds a mandatory 5-day jail sentence.
Is a DUI a felony in Henrico County, Virginia?
No, for a first or second offense. A third DUI within 10 years is a Class 6 felony, carrying 1-5 years in prison, a mandatory 90-day jail sentence, and indefinite license revocation.
What happens if I refuse a breathalyzer in Henrico County, Virginia?
It depends. 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, separate from any DUI penalties.
Can a DUI be reduced in Henrico County, Virginia?
Yes. A DUI can potentially be reduced to reckless driving, which avoids mandatory license revocation and VASAP. A drunk driving defense lawyer Henrico County can challenge the evidence to seek this outcome.
Related Practice Areas: For other legal needs in Henrico County, see our Criminal Defense Lawyer or Reckless Driving Lawyer pages.
Nearby Locations: We also serve clients in Chesterfield County and Hanover County.
Statewide Information: Learn more about DUI Defense in Virginia.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. for current legal guidance.