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 thereof. A DUI defense attorney New Kent County understands the specific statutes and local court procedures that apply to your case.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly.
For the official Virginia DUI statute, see Va. Code § 18.2-266 (official Virginia General Assembly). For court information, visit the New Kent County General District Court website.
Local Court Process and Defense Strategy
New Kent County General District Court hears first and second DUI charges. A third DUI within 10 years is a Class 6 felony heard in Circuit Court. Virginia’s implied consent law means refusing a breath test after arrest triggers a separate administrative license suspension. A drunk driving defense lawyer New Kent County can analyze the preliminary breath test (PBT) admissibility and challenge the mandatory ignition interlock and VASAP requirements.
- Arraignment: You will appear in court within 48 hours of arrest or as summoned.
- Pre-Trial Motions: Your attorney may file motions to suppress evidence or challenge the stop.
- Trial or Negotiation: Your case may proceed to trial or be resolved through plea negotiations.
- Sentencing: If convicted, the judge will impose penalties, including mandatory VASAP.
- License Actions: You must separately address DMV license revocation and restricted license applications.
- Appeal: You have 10 days to appeal a General District Court conviction to Circuit Court.
DUI Penalties in New Kent County
In New Kent County, a first-offense DUI carries up to 12 months in jail, a $250 minimum fine, and a 12-month license revocation. Penalties increase sharply for high BAC, repeat offenses, and refusals.
| 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 | VASAP, Ignition Interlock |
| 1st DUI (BAC 0.20+) | Class 1 Misdemeanor | Mandatory 10 days | $250 – $2,500 | 12-month revocation | VASAP, Ignition Interlock |
| 2nd DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days | $500 – $2,500 | 3-year revocation | VASAP, Ignition Interlock |
| 3rd DUI (within 10 years) | Class 6 Felony | Mandatory 90 days | $1,000 – $2,500 | Indefinite revocation | VASAP, Ignition Interlock |
| 1st Refusal | Civil Offense | N/A | N/A | 12-month suspension | No restricted license |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your DUI Defense
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+ documented case results with a 93%+ favorable outcome rate. Our “Advocacy Without Borders” approach means we provide full representation, from the initial DMV hearing to court appeals.
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 11 total documented case results across all practice areas in New Kent County. In other Virginia jurisdictions, our DUI defense team has secured outcomes such as charges reduced to reckless driving and second-offense DUIs amended. 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 Defense Lawyer Near New Kent County
Our Richmond location serves clients at the New Kent County courts (12001 Courthouse Circle). We provide representation for residents of New Kent, Providence Forge, and Quinton, accessible via I-64 and Route 33.
Law Offices Of SRIS, P.C. — Richmond
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.
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 is a Class 1 misdemeanor with up to 12 months jail, a $250 minimum fine, 12-month license revocation, and mandatory VASAP. A BAC of 0.15-0.20 adds a mandatory 5 days in jail; 0.20+ adds 10 days.
Is a DUI a felony in New Kent County, Virginia?
No, a first or second DUI is a Class 1 misdemeanor. A third DUI within 10 years is a Class 6 felony, carrying 1-5 years in prison and a mandatory 90-day jail sentence.
What happens if I refuse a breathalyzer in New Kent County, Virginia?
Under Va. Code § 18.2-268.3, a first refusal triggers a 12-month administrative license suspension with no restricted license. A second refusal is a 3-year suspension plus a Class 1 misdemeanor charge, also to any DUI penalties.
Can a DUI be reduced in New Kent County, Virginia?
Yes. A DUI defense lawyer New Kent County can often seek a reduction to reckless driving, which avoids mandatory license revocation and VASAP. Success depends on challenging the evidence, such as the traffic stop legality or test accuracy.
How long will a DUI stay on my record in Virginia?
A DUI conviction in Virginia is a permanent criminal record. It cannot be expunged. This underscores the critical need for an aggressive defense from a DUI defense attorney New Kent County to avoid a conviction.
For more information, see our Virginia DUI Lawyer hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. If you are facing other charges, we provide criminal defense and reckless driving defense in New Kent County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.