DUI / DWI Defense Lawyer in Lexington, Virginia
A DUI in Lexington 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.
Lexington DUI/DWI Law and Penalties
In Virginia, driving under the influence (DUI) or driving while intoxicated (DWI) is defined by Va. Code § 18.2-266. The law prohibits operating 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 statute applies uniformly across the state, including in Lexington.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly.
Official Legal Resources
Local Court Process for a DUI Lawyer Lexington
Your Lexington DUI case begins at the Lexington General District Court at 2 South Main Street. Virginia’s implied consent law (§ 18.2-268.2) means refusing a breath or blood test after arrest results in a separate administrative license suspension. For a first offense with a BAC of 0.15% or higher, the court must impose a mandatory minimum jail sentence.
- Arraignment: You will be summoned to appear in Lexington General District Court within 48 hours of arrest for an arraignment to hear the formal charges.
- 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 will proceed to a bench trial before a judge, or your attorney may negotiate with the Commonwealth’s Attorney for a potential plea agreement to a lesser charge like reckless driving.
- Sentencing & Compliance: If convicted, you must enroll in VASAP (Virginia Alcohol Safety Action Program) within 15 days and may need to install an ignition interlock device to obtain a restricted license.
DUI Penalties in Lexington, Virginia
In Lexington, a DUI conviction carries severe penalties including mandatory jail time for high BAC levels, substantial fines, and long-term license revocation.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| 1st DUI (BAC < 0.15%) | Class 1 Misdemeanor | Up to 12 months | $250 – $2,500 | 12-month revocation | Mandatory VASAP |
| 1st DUI (BAC 0.15-0.20%) | Class 1 Misdemeanor | Mandatory 5 days | $250 – $2,500 | 12-month revocation | Mandatory VASAP, IID required for restricted license |
| 1st DUI (BAC 0.20%+) | Class 1 Misdemeanor | Mandatory 10 days | $250 – $2,500 | 12-month revocation | Mandatory VASAP, IID required for restricted license |
| 2nd DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days to 12 months | $500 – $2,500 | 3-year revocation | Mandatory VASAP, IID required for 6 months minimum |
| 3rd DUI (within 10 years) | Class 6 Felony | Mandatory 90 days to 5 years | $1,000 – $2,500 | Indefinite revocation | Mandatory VASAP, vehicle forfeiture possible |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Lexington DUI Cases
Founded in 1997, 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. Our approach is grounded in a deep understanding of Virginia DUI law and local court procedures.
In Lexington and surrounding areas, we have secured favorable results for clients facing DUI charges. For example, our attorneys have successfully negotiated reductions from DUI to reckless driving, which avoids the mandatory license revocation and VASAP requirement. In another case, we challenged the calibration records of a breath test instrument, skilled to the suppression of key evidence. Mr. Sris, our managing attorney and a former prosecutor, provides strategic oversight on complex cases.
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
Documented Case Results
Our firm has a documented history of achieving positive results in DUI cases across Virginia. While every case is unique, our strategies are proven. For instance, we have secured reductions from DWI to reckless driving in Essex County General District Court and have had charges amended in Fairfax County. In a federal case in Alexandria, we negotiated a reduction from DUI to reckless driving.
Results may vary. Prior results do not guarantee a similar outcome.
DUI Lawyer Lexington Near Me
Our Richmond location serves clients at the Lexington courts. We are accessible via I-81 and I-64. We provide representation for individuals in Lexington and surrounding communities.
Availability: 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Lexington DUI Lawyer FAQ
What is the penalty for a first DUI in Lexington, Virginia?
A first DUI in Lexington 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. If your BAC was between 0.15% and 0.20%, there is a mandatory 5-day jail sentence; if it was 0.20% or higher, the mandatory minimum is 10 days in jail.
Is a DUI a felony in Lexington, Virginia?
No, a first or second DUI in Lexington is a Class 1 misdemeanor. However, a third DUI offense within 10 years is charged as a Class 6 felony, which carries 1 to 5 years in prison, a mandatory 90-day jail sentence, and an indefinite driver’s license revocation.
What happens if I refuse a breathalyzer in Lexington, Virginia?
Under Va. Code § 18.2-268.3, refusing a breath or blood test triggers an administrative license suspension. For a first refusal, your license will be suspended for 12 months with no possibility of a restricted license. A second or subsequent refusal is a separate Class 1 misdemeanor and carries a 3-year suspension. This penalty is also to any DUI charges.
Can a DUI be reduced in Lexington, Virginia?
Yes, it is possible for a DUI charge to be reduced to reckless driving in Lexington. This outcome depends on the strength of the evidence. A skilled drunk driving defense lawyer Lexington can challenge the traffic stop, field sobriety test procedures, or breath test calibration to create use for a favorable negotiation.
How long does a DUI case take in Lexington General District Court?
It depends. The timeline varies, but typically an arraignment occurs within 48 hours of arrest. A trial in General District Court is usually scheduled 30 to 90 days after the arraignment. If you appeal a conviction to Circuit Court, that process can add several more months to the case duration.
Related Legal Services in Lexington
If you are facing other charges, our firm also provides criminal defense and reckless driving defense in Lexington. For statewide information, visit our Virginia DUI lawyer hub page.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.