DUI / DWI Defense Lawyer in New Kent County, Virginia
A DUI in New Kent 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 11 documented case results in New Kent County.
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 of both. The statute also sets specific penalties based on the number of prior offenses and the driver’s BAC level.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm brings over 120 years of combined legal experience to every case. We understand the immediate consequences of a DUI arrest, including license suspension and the requirement to enroll in the Virginia Alcohol Safety Action Program (VASAP).
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 New Kent County, can be found on the New Kent County Combined Courts website.
New Kent County DUI Defense Process
In New Kent County, first and second DUI offenses are heard in General District Court. A key local procedural fact is that refusing a breath or blood test after arrest triggers a separate administrative license suspension under Virginia’s implied consent law. This suspension runs also to any court-imposed penalty if convicted. A DUI defense attorney New Kent County must address both the criminal charge and the DMV administrative case.
- Case Review & DMV Appeal: Immediately after arrest, you have 7 days to appeal the administrative license suspension with the DMV. We review all arrest details and file the necessary appeal.
- Arraignment: Your first court date at 12001 Courthouse Circle. We enter a plea and request discovery from the prosecutor.
- Investigation & Motion Filing: We investigate the traffic stop’s legality, the administration of field tests, and the breathalyzer’s certification. Motions to suppress evidence may be filed.
- Negotiation or Trial: We negotiate with the Commonwealth’s Attorney for a reduction (e.g., to reckless driving) or prepare for a bench trial before the judge.
- Sentencing or Appeal: If convicted, we argue for minimal penalties. If found guilty, you have 10 days to appeal to New Kent County Circuit Court for a new trial.
Potential Penalties for DUI in New Kent County
In New Kent 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. Penalties increase sharply with prior offenses and high BAC levels.
| 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, Ignition Interlock |
| Third DUI (within 10 years) | Class 6 Felony | Mandatory 90 days | $1,000 – $2,500 | Indefinite revocation | Mandatory VASAP, Ignition Interlock, Felony Record |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your DUI Defense
With a founding year of 1997 and a combined attorney experience exceeding 120 years, Law Offices Of SRIS, P.C. has a documented track record of 4,739+ case results firm-wide. Our “Advocacy Without Borders” approach means we provide full representation, from the initial DMV appeal through trial or negotiation. We have specific experience in New Kent County courts.
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
Law Offices Of SRIS, P.C. has 11 total documented case results across all practice areas in New Kent County. In other Virginia jurisdictions, our attorneys have successfully negotiated reductions in DUI charges. For example, in Essex County, a first-offense DWI was reduced to reckless driving. In Fairfax County, a second-offense DWI within 10 years was amended. Mr. Sris, our firm’s founder and a former prosecutor, provides strategic oversight on complex cases.
Results may vary. Prior results do not guarantee a similar outcome.
DUI Lawyer Near New Kent County, Virginia
Our Richmond location serves clients at the New Kent County courts (12001 Courthouse Circle). We represent individuals in New Kent, Providence Forge, and Quinton. 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
By appointment only.
New Kent County DUI Lawyer FAQ
What is the penalty for a first DUI in New Kent County, Virginia?
First DUI in New Kent 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 New Kent County General District Court.
Is a DUI a felony in New Kent County, Virginia?
No, a first or second DUI is a Class 1 misdemeanor. A third DUI offense within 10 years is a Class 6 felony, punishable by 1-5 years in prison with a mandatory 90-day minimum jail sentence and indefinite license revocation.
What happens if I refuse a breathalyzer in New Kent County, Virginia?
Under Va. Code § 18.2-268.3, refusal triggers an administrative license suspension: 12 months for a first offense (with no restricted license eligibility) and 36 months for a second offense, plus an additional Class 1 misdemeanor charge. This penalty is separate from any DUI conviction.
Can a DUI be reduced in New Kent County, Virginia?
Yes. A DUI in New Kent 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.
How long does a DUI case take in New Kent County?
It depends. A typical first-offense DUI case in New Kent County General District Court may take 30 to 90 days from arraignment to trial or disposition. Cases that are appealed to Circuit Court can take several additional months.
Internal Resources: For more information, see our Virginia DUI Lawyer hub page. We also assist with other criminal charges in New Kent County and reckless driving tickets. For representation in nearby areas, consider our DUI lawyer for Henrico County.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.