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 of both. The statute also sets specific, escalating penalties for repeat offenses and high BAC levels.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly.
Official Legal Resources
- Va. Code § 18.2-266 (official Virginia General Assembly)
- New Kent County General District Court website
Local DUI Defense Strategy in New Kent County
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 or blood test after arrest triggers a separate administrative license suspension. The preliminary breath test (PBT) at the roadside is only for establishing probable cause, not for proving guilt at trial.
- Contact a DUI defense attorney New Kent County immediately after arrest to protect your rights and discuss the 10-day appeal deadline for a DMV administrative hearing.
- Your attorney will obtain and review all evidence, including police reports, dash/body cam footage, and breathalyzer calibration logs.
- Based on the evidence review, your lawyer will file pre-trial motions to suppress evidence if constitutional violations (like an illegal stop) are found.
- Your attorney will engage in negotiations with the Commonwealth’s Attorney, presenting defense theories to seek a reduction to reckless driving or a dismissal.
- If a favorable plea cannot be reached, your lawyer will prepare for and represent you at trial in New Kent County General District Court.
- If convicted in General District Court, your attorney can file an appeal for a new trial in New Kent County Circuit Court within 10 days.
New Kent County DUI Penalties
In New Kent County, a DUI conviction carries mandatory minimum jail time for high BAC levels, substantial fines, and a mandatory license revocation.
| 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 | Mandatory VASAP, IID for 6+ months |
| 1st DUI (BAC 0.20%+) | Class 1 Misdemeanor | Mandatory 10 days | $250 – $2,500 | 12-month revocation | Mandatory VASAP, IID for 6+ months |
| 2nd DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days to 12 months | $500 – $2,500 | 3-year revocation | Mandatory VASAP, IID for 6+ months |
| 3rd DUI (within 10 years) | Class 6 Felony | Mandatory 90 days to 5 years | $1,000 – $2,500 | Indefinite revocation | Mandatory VASAP, IID for 6+ months |
| Refusal (1st offense) | Civil Violation | N/A | N/A | 12-month administrative suspension | No restricted license eligibility |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in New Kent County Courts
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings over 120 years of combined legal experience to every case. In New Kent County, we have a documented record of handling DUI and other criminal matters. Our approach is built on a detailed review of evidence and an understanding of local court procedures.
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 11 total documented case results across all practice areas in New Kent County with a 100% favorable outcome rate. While every case is unique, our team, including secondary attorney Mr. Sris—the firm’s founder and a former prosecutor—has successfully handled DUI matters across Virginia. Specific past results include reductions from DUI to reckless driving and charge dismissals based on procedural defenses.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our New Kent County DUI Defense Team
Our Richmond location serves clients at the New Kent County courts. We represent individuals in New Kent, Providence Forge, and Quinton.
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 — (888) 437-7747 — meetings by appointment only.
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: 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 New Kent County General District Court (12001 Courthouse Circle, New Kent, VA 23124).
Is a DUI a felony in New Kent County, Virginia?
No, a first or second DUI in New Kent County is a Class 1 misdemeanor. A third DUI within 10 years is a Class 6 felony, which carries 1-5 years in prison and a mandatory 90-day jail sentence, plus indefinite license revocation.
What happens if I refuse a breathalyzer in New Kent County, Virginia?
It depends. 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 or subsequent refusal is a Class 1 misdemeanor with a 3-year suspension. This penalty is separate from any DUI conviction.
Can a DUI be reduced in New Kent County, Virginia?
Yes. A DUI in New Kent County can potentially be reduced to reckless driving, which avoids mandatory license revocation and VASAP. Defense strategies include 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. However, for driver’s license purposes, the DMV points from a conviction remain active for 11 years.
Related Practice Areas: Criminal Defense Lawyer New Kent County | Reckless Driving Lawyer New Kent County
Nearby DUI Defense: DUI Lawyer Henrico County | DUI Lawyer Chesterfield County
Virginia DUI Defense Hub: Virginia DUI Lawyer
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.