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+ fine, and a 12-month license revocation. Law Offices Of SRIS, P.C. has 14 total documented case results in Lexington. A DUI lawyer Lexington can challenge the stop, field sobriety tests, and breath test calibration.
Lexington DUI/DWI Law and Penalties
Virginia law defines DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) under Va. Code § 18.2-266. The statute makes it illegal to drive or operate 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 law applies on public roads, highways, and parking areas open to the public.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly.
Official Legal Resources
Lexington DUI Court Process and Defense Strategy
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 or blood test after arrest results in a separate charge and mandatory license suspension. Preliminary breath test results at roadside are admissible only to establish probable cause, not to prove guilt at trial.
- Arraignment: You will appear in Lexington General District Court within 48 hours of arrest or as directed by your summons.
- Pre-Trial Motions: Your attorney may file motions to suppress evidence, challenging the legality of the traffic stop or the administration of field sobriety tests.
- Negotiation: Your DUI defense attorney Lexington will review the evidence with the Commonwealth’s Attorney to seek a reduction to reckless driving or negotiate favorable terms.
- Trial: If no agreement is reached, your case proceeds to a bench trial before a judge in Lexington GDC.
- Sentencing: If convicted, the judge will impose penalties, which may include jail, fines, VASAP, and license revocation.
- Appeal: You have 10 days to appeal a GDC conviction to the Lexington Circuit Court for a new trial.
DUI Penalties in Lexington, Virginia
In Lexington, a DUI carries penalties ranging from a Class 1 misdemeanor with up to 12 months in jail to a Class 6 felony with 1-5 years in prison, depending on prior offenses and BAC level.
| 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 | Mandatory 5 days | $250 minimum | 12-month revocation | Mandatory VASAP, ignition interlock required for restricted license |
| First DUI (BAC 0.20%+) | Class 1 Misdemeanor | Mandatory 10 days | $250 minimum | 12-month revocation | Mandatory VASAP, ignition interlock required |
| Second DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days to 12 months | $500 minimum | 3-year revocation | Mandatory VASAP, ignition interlock required |
| Third DUI (within 10 years) | Class 6 Felony | Mandatory 90 days to 5 years | $1,000 minimum | Indefinite revocation | Mandatory VASAP, vehicle forfeiture possible |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Lexington DUI Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our firm has over 120 years of combined attorney experience and more than 4,739 documented case results with a 93%+ favorable outcome rate firm-wide. In Lexington, we have 14 total documented case results across all practice areas. Our approach is grounded in a detailed understanding of Virginia DUI law and local court 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’s documented results include DUI charges being reduced to reckless driving in jurisdictions across Virginia. For example, we have secured reductions from DWI to reckless driving in Essex County and have handled DUI matters in federal court. Mr. Sris, the 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 Lexington, Virginia
Our Richmond location serves clients at the Lexington courts (2 South Main Street). We are accessible via I-81 and I-64. We serve clients in Lexington and surrounding communities.
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. 24/7 phone consultations.
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 up to 12 months in jail, a $250 minimum fine, a 12-month license revocation, and mandatory VASAP. For BAC 0.15-0.20%, there is a mandatory 5-day jail sentence. For BAC 0.20%+, it is a mandatory 10 days.
Is a DUI a felony in Lexington, Virginia?
A first or second DUI in Lexington 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 jail sentence 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 eligibility for a restricted license. A second refusal is a 3-year suspension plus a separate Class 1 misdemeanor charge. These penalties are also to any DUI penalties.
Can a DUI be reduced in Lexington, Virginia?
Yes. A DUI in Lexington can potentially be reduced to reckless driving, which avoids the mandatory license revocation and VASAP requirement. Defense strategies include challenging the legality of the traffic stop, the administration of field sobriety tests, and the calibration of breath test equipment.
How long will a DUI stay on my record in Virginia?
A DUI conviction in Virginia remains on your criminal and driving records permanently. It is not eligible for expungement under current Virginia law if you are convicted.
For more information, see our Virginia DUI Lawyer hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. For other legal needs in Lexington, consider our Criminal Defense Lawyer or Reckless Driving Lawyer services.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.