DUI / DWI Defense Lawyer in Chesterfield County, Virginia
Virginia DUI Law in Chesterfield County
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 (Va. Code § 18.2-266). The statute applies uniformly across the state, including Chesterfield County.
Last verified: March 2026 | Chesterfield County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s DUI statutes, visit the Va. Code § 18.2-266 (official Virginia General Assembly website). For court-specific information, procedures, and forms, refer to the Chesterfield County General District Court website.
Chesterfield County DUI Court Process
First and second DUI charges are heard in Chesterfield County General District Court. A third DUI within 10 years is a Class 6 felony and moves to Chesterfield County Circuit Court. Virginia’s implied consent law means refusing a breath test after arrest triggers a separate administrative license suspension.
- Arraignment and Plea: Appear at Chesterfield County General District Court within 48 hours of arrest or as directed by your summons. You will enter a plea of not guilty, guilty, or no contest.
- Pre-Trial Motions: Your attorney may file motions to suppress evidence, challenge the traffic stop’s legality, or question breath test calibration before the trial date.
- General District Court Trial: Present your defense before a judge in Chesterfield County General District Court. The prosecution must prove guilt beyond a reasonable doubt.
- Sentencing or Appeal: If convicted, the judge will impose sentence, including fines, jail, and VASAP. You have 10 days to appeal the conviction to Chesterfield County Circuit Court for a new trial.
DUI Penalties in Chesterfield County
In Chesterfield County, a DUI conviction carries penalties including jail time, fines, license revocation, and mandatory enrollment in the Virginia Alcohol Safety Action Program (VASAP).
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First DUI (BAC < 0.15%) | Class 1 Misdemeanor | Up to 12 months | $250 minimum | 12-month revocation | Mandatory VASAP |
| First DUI (BAC 0.15-0.20%) | Class 1 Misdemeanor | 5-day mandatory minimum | $250 minimum | 12-month revocation | Mandatory VASAP, ignition interlock |
| First DUI (BAC 0.20%+) | Class 1 Misdemeanor | 10-day mandatory minimum | $250 minimum | 12-month revocation | Mandatory VASAP, ignition interlock |
| Second DUI (within 5 years) | Class 1 Misdemeanor | 20-day mandatory minimum | $500 minimum | 3-year revocation | Mandatory VASAP, ignition interlock |
| Third DUI (within 10 years) | Class 6 Felony | 90-day mandatory minimum | $1,000 minimum | Indefinite revocation | Mandatory VASAP, vehicle forfeiture possible |
| Refusal (First Offense) | Civil Offense | N/A | N/A | 12-month administrative suspension | No restricted license available |
Results may vary. The penalties listed are defined by statute; the actual outcome in your case depends on the specific facts and evidence.
Our Experience in Chesterfield County Courts
Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. Our attorneys bring a combined 120+ years of legal experience to every case. We have achieved 4,739+ firm-wide case results with a favorable outcome rate of 93%+.
Kristen Fisher, Senior Attorney at Law Offices Of SRIS, P.C. — Licensed in MD, VA. Former MD Assistant State’s Attorney. View Kristen Fisher’s Profile
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 in Chesterfield County
Law Offices Of SRIS, P.C. has 15 total documented case results across all practice areas in Chesterfield County.
Results may vary. Prior results do not aim for a similar outcome.
Local DUI Defense in Chesterfield County
Our Richmond location serves clients at the Chesterfield County courts (9500 Courthouse Road), accessible via I-95, I-295, and Route 1. We are a DUI lawyer near Chesterfield Towne Center and Pocahontas State Park.
We serve the Midlothian, Chester, Colonial Heights area, Bon Air, Brandermill, and Moseley communities.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Phone: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions
What is the penalty for a first DUI in Chesterfield County, Virginia?
First DUI in Chesterfield 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 Chesterfield County General District Court (9500 Courthouse Road, Chesterfield, VA 23832).
Is a DUI a felony in Chesterfield County, Virginia?
First/second DUI in Chesterfield County is a Class 1 misdemeanor. Third DUI within 10 years is a Class 6 felony (1-5 years, mandatory 90 days jail, indefinite revocation). Cases at Chesterfield County General District Court (9500 Courthouse Road, Chesterfield, VA 23832).
What happens if I refuse a breathalyzer in Chesterfield County, Virginia?
Under Va. Code § 18.2-268.3, refusal triggers: first offense — 12-month administrative suspension (no restricted license); second — 3-year suspension plus Class 1 misdemeanor. This runs also to DUI penalties. Cases at Chesterfield County General District Court (9500 Courthouse Road, Chesterfield, VA 23832).
Can a DUI be reduced in Chesterfield County, Virginia?
Yes. A DUI in Chesterfield County can potentially be reduced to reckless driving, which avoids mandatory license revocation and VASAP. Defense strategies include challenging the traffic stop, field sobriety tests, and breath test calibration. Cases at Chesterfield County General District Court (9500 Courthouse Road, Chesterfield, VA 23832).
How long does a DUI case take in Chesterfield County?
Arraignment is within 48 hours of arrest or summons. A General District Court trial typically occurs 30-90 days from arraignment. An appeal to Circuit Court must be filed within 10 days of a GDC conviction. VASAP enrollment is required within 15 days of conviction.
Related Legal Resources
Virginia DUI Lawyer Hub |
Henrico County DUI Lawyer |
Chesterfield County Criminal Defense Lawyer |
Attorney Bryan Block Profile
Last verified: March 2026. Information is current as of the verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.