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 total documented case results across all practice areas in Lexington.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Driving under the influence (DUI) in Virginia 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 impaired by alcohol, drugs, or a combination. The statute applies equally in Lexington, where cases are heard at the Lexington General District Court at 2 South Main Street. The firm, founded in 1997 by former prosecutor Mr. Sris, brings over 120 years of combined attorney experience to these cases.
Official Virginia DUI Law Resources
For the full text of the law, refer to the official Virginia DUI statute (Va. Code § 18.2-266). Court information, including forms and procedures, can be found on the Lexington General District Court website.
Lexington DUI Court Process & Defense Strategy
In Lexington, first and second DUI charges are misdemeanors handled in General District Court. A third offense within 10 years is a Class 6 felony heard in Circuit Court. Prosecutors must prove impairment or a BAC of 0.08% or higher. Refusing a breath or blood test after arrest triggers a separate administrative license suspension under Virginia’s implied consent law. Our DUI defense attorney Lexington team examines every detail, from the legality of the traffic stop to the calibration of breath test equipment and the administration of field sobriety tests.
- Arraignment & Plea: You will be summoned to appear at Lexington General District Court for an arraignment, where you enter a plea of guilty, not guilty, or no contest.
- Pre-Trial Motions: Your attorney may file motions to suppress evidence, such as challenging the stop’s legality or the breath test’s validity.
- Trial or Negotiation: The case may proceed to a bench trial before a judge or be resolved through negotiation with the Commonwealth’s Attorney for a reduced charge.
- Sentencing & Compliance: If convicted, the court will impose penalties, and you must enroll in VASAP (Virginia Alcohol Safety Action Program) and comply with license restrictions.
Lexington DUI Penalties
In Lexington, a DUI conviction carries severe penalties including jail time, fines, and license revocation, with enhanced penalties for high BAC or repeat offenses.
| 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, Vehicle Forfeiture possible |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Lexington DUI Defense Team
Law Offices Of SRIS, P.C. was founded in 1997. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. Our team includes former prosecutors and a former Virginia State Trooper, providing unique insight into both sides of a DUI case. We understand the local procedures at Lexington General District Court and are committed to providing a strong, case-specific defense for every client.
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 DUI Case Results
Our firm has a documented history of achieving favorable outcomes in DUI cases. For example, we have secured reductions from DUI to reckless driving in jurisdictions including Alexandria Federal Court and Essex County. In Fairfax County, we have successfully navigated second-offense DUI charges. Mr. Sris, the firm’s founder, provides strategic oversight on complex cases.
Results may vary. Prior results do not guarantee a similar outcome.
DUI Defense Lawyer Near Lexington, VA
Our Richmond location serves clients facing DUI charges at the Lexington courts. We are accessible via I-81 and I-64. We provide representation for clients in Lexington and surrounding communities.
24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Suite 300, Rm 395
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. A BAC of 0.15-0.20% adds a mandatory 5-day jail sentence; 0.20%+ adds 10 days.
Is a DUI a felony in Lexington, Virginia?
No, a first or second DUI is a 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 Lexington, Virginia?
It depends. Under Va. Code § 18.2-268.3, a first refusal triggers a 12-month administrative license suspension with no restricted license eligibility. A second refusal within 10 years is a separate Class 1 misdemeanor with a 3-year suspension. These penalties are also to any DUI conviction penalties.
Can a DUI be reduced in Lexington, Virginia?
Yes. A DUI charge can potentially be reduced to reckless driving, which avoids the mandatory license revocation and VASAP requirement. Success depends on the evidence, such as challenges to the traffic stop, field sobriety tests, or breath test calibration and administration.
How long does a DUI case take in Lexington General District Court?
A typical timeline from arraignment to trial in Lexington General District Court is 30 to 90 days. If an appeal is filed to Circuit Court, the process can extend several more months. Compliance steps like VASAP enrollment have their own deadlines.
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.