DUI / DWI Defense Lawyer in Lexington, Virginia
A DUI charge in Lexington requires immediate action to protect your driving privileges and avoid mandatory jail time for high BAC levels.
Virginia DUI Law in Lexington
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 thereof (Va. Code § 18.2-266). The statute applies uniformly across the state, including in Lexington. Law Offices Of SRIS, P.C., founded in 1997 by a former prosecutor, uses its 120+ years of combined attorney experience to handle these charges.
Last verified: March 2026 | Lexington General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 18.2-266 (official Virginia General Assembly) – The primary DUI statute.
- Lexington General District Court website – For court schedules, forms, and local rules.
Handling a Lexington DUI Case
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.
- Initial Consultation: Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for a confidential case review by appointment.
- Arraignment: Attend your scheduled arraignment at Lexington General District Court, 2 South Main Street, within 48 hours of arrest or summons.
- Evidence Review: Your attorney will obtain and challenge all evidence, including police reports, breath test calibration records, and dash/body cam footage.
- Pre-Trial Motions: File motions to suppress evidence if the traffic stop lacked probable cause or testing procedures were not followed.
- Trial or Negotiation: Proceed to trial in GDC or negotiate a potential reduction to a lesser charge like reckless driving.
- Post-Trial Steps: If convicted, comply with court orders including VASAP enrollment, fines, and ignition interlock installation for a restricted license.
Lexington DUI Penalties
In Lexington, a DUI carries penalties ranging from a Class 1 misdemeanor to a Class 6 felony, with mandatory jail time for high BAC levels and separate penalties for test refusal.
| 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 |
| First DUI (BAC 0.20+) | Class 1 Misdemeanor | 10-day mandatory minimum | $250 minimum | 12-month revocation | Mandatory VASAP, ignition interlock |
| Second DUI (within 5 years) | Class 1 Misdemeanor | 20-day mandatory minimum | $500 minimum | 3-year revocation | Mandatory VASAP, ignition interlock |
| Third DUI (within 10 years) | Class 6 Felony | 90-day mandatory minimum | $1,000 minimum | Indefinite revocation | Mandatory VASAP, ignition interlock |
| Refusal (First Offense) | Civil Offense | N/A | N/A | 12-month administrative suspension | No restricted license available |
Results may vary. The penalties listed are defined by statute; the outcome in your case depends on its specific facts.
Why Choose Our Lexington DUI Defense
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined attorney experience to each case. Our lead attorney for Lexington DUI cases is Bryan Block, a former Virginia State Trooper with 15 years of law enforcement experience. This background provides a unique understanding of police investigation protocols and testing procedures used in DUI cases.
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
Case Results in Lexington
Law Offices Of SRIS, P.C. has 14 total documented case results across all practice areas in Lexington, with a 100% favorable outcome rate for those cases. These results include dismissals, reductions to lesser offenses, and favorable plea agreements.
Results may vary. Prior results do not aim for a similar outcome in your case.
Lexington DUI Lawyer Near You
Our Richmond location serves clients at the Lexington courts (2 South Main Street), accessible via I-81 and I-64. We are a DUI lawyer near Lexington, Virginia Military Institute (VMI), and Washington and Lee University.
We serve the Lexington area and surrounding communities.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
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: 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 Lexington General District Court (2 South Main Street, Lexington, VA 24450).
Is a DUI a felony in Lexington, Virginia?
First/second DUI in Lexington is a Class 1 misdemeanor. Third DUI within 10 years is a Class 6 felony (1-5 years, mandatory 90 days jail, indefinite revocation). Cases at Lexington General District Court (2 South Main Street, Lexington, VA 24450).
What happens if I refuse a breathalyzer in Lexington, Virginia?
Under Va. Code § 18.2-268.3, refusal triggers: first offense — 12-month administrative suspension (no restricted license); second — 3-year suspension plus Class 1 misdemeanor. This runs also to DUI penalties. Cases at Lexington General District Court (2 South Main Street, Lexington, VA 24450).
Can a DUI be reduced in Lexington, Virginia?
Yes. A DUI in Lexington 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. Cases at Lexington General District Court (2 South Main Street, Lexington, VA 24450).
How long does a DUI case take in Lexington General District Court?
A typical timeline: arraignment within 48 hours of arrest, General District Court trial within 30-90 days. If appealed to Circuit Court, the process can extend 6-12 months. VASAP enrollment is required within 15 days of conviction.
Related Legal Services
- Virginia DUI/DWI Lawyer – Statewide hub page.
- Henrico County DUI Lawyer – Serving a nearby locality.
- Lexington Criminal Defense Lawyer – Related practice area in Lexington.
- Attorney Bryan Block Profile
- Our Richmond Office
Last verified: March 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.