DUI / DWI Defense Lawyer in Madison County, Virginia
A DUI in Madison 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 1 documented DUI defense result in Madison County. Our DUI defense lawyer Madison County team provides 24/7 phone consultations.
Virginia DUI/DWI Law and Penalties
Virginia law prohibits driving under the influence of alcohol, drugs, or a combination of both. The statute, Va. Code § 18.2-266, defines DUI as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired to a degree that renders you unsafe to drive. A conviction triggers mandatory penalties, including license revocation and enrollment in the Virginia Alcohol Safety Action Program (VASAP).
Last verified: April 2026 | Madison County General District Court | Virginia General Assembly.
Official Legal Resources
For the full text of Virginia’s DUI statutes, visit the Virginia Code § 18.2-266 (official Virginia General Assembly). Court information and procedures for Madison County can be found on the Madison County General District Court website.
Madison County DUI Court Process
Your DUI case in Madison County will begin at the General District Court at 1 Main Street. Virginia’s implied consent law means refusing a breath or blood test after arrest results in a separate administrative license suspension. The court hears first and second offenses; a third DUI within 10 years is a felony heard in Circuit Court.
- Arraignment: Appear in Madison County General District Court within 48 hours of arrest or as summoned to enter a plea.
- Pre-Trial Motions: Your attorney may file motions to suppress evidence or challenge procedural errors.
- Trial or Negotiation: The case may proceed to a bench trial or be resolved through plea negotiations.
- Sentencing: If convicted, the judge will impose fines, jail time (if applicable), and order VASAP enrollment.
- License Actions: Handle separate administrative suspensions with the DMV and apply for a restricted license if eligible.
- Appeal: You have 10 days to appeal a General District Court conviction to the Madison County Circuit Court for a new trial.
DUI Penalties in Madison County, VA
In Madison County, a first-offense DUI carries up to 12 months in jail, a minimum $250 fine, and a 12-month license revocation, with enhanced penalties for high BAC or refusal.
| 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 | VASAP; Ignition Interlock |
| First DUI (BAC 0.20%+) | Class 1 Misdemeanor | Mandatory 10 days | $250 – $2,500 | 12-month revocation | VASAP; Ignition Interlock |
| Second DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days | $500 – $2,500 | 3-year revocation | VASAP; Ignition Interlock |
| Third DUI (within 10 years) | Class 6 Felony | Mandatory 90 days | $1,000 – $2,500 | Indefinite revocation | VASAP; Felony Record |
| Refusal (1st Offense) | Civil Offense | N/A | N/A | 12-month suspension | No restricted license |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in 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 track record includes over 4,739 documented case results with a 93%+ favorable outcome rate. Our drunk driving defense lawyer Madison County approach is informed by this deep reservoir of experience.
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 has documented DUI defense results in Madison County. In one case, we secured a dismissal/not guilty verdict for a client. Results may vary. Prior results do not guarantee a similar outcome. Our secondary attorney on complex cases, Mr. Sris, is the firm’s founder and a former prosecutor with extensive courtroom experience.
Contact Our Madison County DUI Defense Lawyers
Our Fairfax location serves clients at the Madison County courts. We represent clients in Madison and surrounding communities. 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Madison County DUI Lawyer FAQs
What is the penalty for a first DUI in Madison County, Virginia?
First DUI in Madison 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 Madison County, Virginia?
No, a first or second DUI is a Class 1 misdemeanor. A third DUI offense within 10 years is charged as 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 Madison County, 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.
Can a DUI be reduced in Madison County, Virginia?
It depends. A DUI can potentially be reduced to reckless driving, which avoids mandatory license revocation and VASAP. Success depends on the evidence, such as the validity of the traffic stop and the reliability of sobriety tests.
Related Pages: For broader Virginia DUI information, see our Virginia DUI Lawyer hub. For defense in nearby areas, consult a DUI defense lawyer in Fairfax County. If you are facing other charges, our Madison County criminal defense lawyer can help.
Page last verified and updated: April 2026. The information provided is for general reference. Laws change. For current legal advice regarding your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.