DUI / DWI Defense Lawyer in Henrico County, Virginia
A DUI in Henrico 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 result in Henrico County.
Virginia DUI 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 of both. A drunk driving defense lawyer Henrico County addresses charges filed under this statute at the Henrico County General District Court.
Last verified: April 2026 | Henrico County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s DUI statute, see Va. Code § 18.2-266 (official Virginia General Assembly). Court information and procedures for Henrico County are available at the Henrico County General District Court website.
Local Court Process for a DUI Case
Henrico County General District Court hears first and second DUI charges. Virginia’s implied consent law means refusing a breath test after arrest results in a separate administrative license suspension. The court requires ignition interlock installation for a restricted license if your BAC was 0.15 or higher.
- Arraignment: You will appear in Henrico County 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.
- Trial or Negotiation: Your case will proceed to a bench trial or be resolved through plea negotiations, potentially amending the charge to reckless driving.
- Sentencing & Compliance: If convicted, you must enroll in VASAP, pay fines, and comply with any license restrictions or interlock requirements.
- Appeal: You have 10 days to appeal a General District Court conviction to the Henrico County Circuit Court for a new trial.
DUI Penalties in Henrico County
In Henrico County, a first DUI carries up to 12 months in jail, a $250 minimum fine, and a 12-month license revocation, with mandatory jail time for high BAC levels.
| 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; interlock for restricted license |
| First DUI (BAC 0.20+) | Class 1 Misdemeanor | Mandatory 10 days | $250 – $2,500 | 12-month revocation | VASAP; interlock for restricted license |
| Second DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days to 12 months | $500 – $2,500 | 3-year revocation | VASAP; interlock required |
| Third DUI (within 10 years) | Class 6 Felony | Mandatory 90 days to 5 years | $1,000 – $2,500 | Indefinite revocation | VASAP; vehicle forfeiture possible |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Henrico County DUI Cases
Founded in 1997, Law Offices Of SRIS, P.C. brings a combined 120+ years of legal experience to DUI defense. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. In Henrico County, we have documented results for DUI cases.
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 DUI lawyer Henrico County team has secured favorable outcomes for clients. In one Henrico County case, a DWI 2nd offense within 5 years with a BAC between 0.15 and 0.20 was amended to a DWI 1st offense.
Results may vary. Prior results do not guarantee a similar outcome.
DUI Lawyer Henrico County | Law Offices Of SRIS, P.C.
Richmond Location: 7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Phone: Toll-Free: (888) 437-7747 | Local: (804)201-9009
Availability: 24/7 phone consultations — meetings by appointment only.
Our Richmond location serves clients at the Henrico County courts (4301 East Parham Road). We provide DUI defense for residents in Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville.
DUI Lawyer Henrico County FAQ
What is the penalty for a first DUI in Henrico County, Virginia?
A first DUI in Henrico County is a Class 1 misdemeanor with up to 12 months jail, a $250 minimum fine, and a 12-month license revocation. Mandatory VASAP enrollment is required. If your BAC was 0.15-0.20, there is a mandatory 5-day jail sentence; 0.20+ triggers a mandatory 10-day sentence.
Is a DUI a felony in Henrico County, Virginia?
No, a first or second DUI is a misdemeanor. A third DUI offense within 10 years is a Class 6 felony in Virginia, carrying 1-5 years in prison and a mandatory 90-day jail sentence, with indefinite license revocation.
What happens if I refuse a breathalyzer in Henrico County, Virginia?
It depends. Under Va. Code § 18.2-268.3, a first refusal triggers a 12-month administrative license suspension with no restricted license available. A second refusal is a 3-year suspension plus a separate Class 1 misdemeanor charge. These penalties are also to any DUI penalties if convicted.
Can a DUI be reduced in Henrico County, Virginia?
Yes. A DUI in Henrico County can potentially be reduced to reckless driving, which avoids the mandatory license revocation and VASAP requirement. Defense strategies focus on 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 is a permanent criminal record. It cannot be expunged. A reduction to reckless driving or an acquittal are the primary ways to avoid a lifelong DUI conviction on your record.
For more information, see our Virginia DUI Lawyer hub page. We also assist clients in nearby areas like Chesterfield County and Hanover County. If you are facing other charges, our firm provides criminal defense and reckless driving defense in Henrico County.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.