DUI / DWI Defense Lawyer in Virginia Beach, Virginia
Virginia Beach DUI/DWI Statutory Definition
In Virginia, you commit DUI (Driving Under the Influence) if you operate a motor vehicle while your blood alcohol concentration (BAC) is 0.08% or higher, or while impaired by alcohol, drugs, or a combination of both (Va. Code § 18.2-266). The law applies on all public roads, highways, and parking areas in Virginia Beach.
Last verified: March 2026 | Virginia Beach General District Court | Virginia General Assembly
Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. Our attorneys use their experience to analyze the details of your DUI charge.
Official Legal Resources
- Va. Code § 18.2-266 (official Virginia General Assembly) – Defines the offense of DUI.
- Virginia Beach General District Court website – Provides court location, hours, and procedural information.
Virginia Beach DUI Court Process
Virginia Beach General District Court hears first and second DUI charges. A third DUI within 10 years is a Class 6 felony heard in Virginia Beach Circuit Court. Virginia’s implied consent law means refusing a breath test after arrest results in a separate charge and mandatory license suspension.
- Secure legal representation immediately after arrest.
- Attend your arraignment at Virginia Beach General District Court.
- Your attorney reviews all evidence, including police reports and calibration logs.
- Prepare a defense strategy, which may involve motions to suppress evidence.
- Proceed to trial or negotiate a potential plea agreement.
- If convicted, comply with court orders including VASAP and ignition interlock.
DUI Penalties in Virginia Beach
In Virginia Beach, a first DUI carries a penalty of up to 12 months in jail, a $250 minimum fine, and a 12-month license revocation. Additional costs include VASAP enrollment, ignition interlock, and court fees.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First DUI (BAC <0.15) | Class 1 Misdemeanor | Up to 12 months | $250 min | 12-month revocation | Mandatory VASAP |
| First DUI (BAC 0.15-0.20) | Class 1 Misdemeanor | Mandatory 5 days | $250 min | 12-month revocation | VASAP, ignition interlock |
| First DUI (BAC 0.20+) | Class 1 Misdemeanor | Mandatory 10 days | $250 min | 12-month revocation | VASAP, ignition interlock |
| Second DUI (within 5 yrs) | Class 1 Misdemeanor | Mandatory 20 days | $500 min | 3-year revocation | VASAP, ignition interlock |
| Third DUI (within 10 yrs) | Class 6 Felony | Mandatory 90 days | $1,000 min | Indefinite revocation | VASAP, ignition interlock |
Results may vary. The penalties listed are statutory maximums and minimums; actual case outcomes depend on specific facts and evidence.
Our Firm’s Background
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have over 120 years of combined legal experience. We have achieved 4,739+ documented case results firm-wide with a 93%+ favorable outcome rate. Our approach is case-specific, built on a deep understanding of Virginia DUI law and local court procedures.
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 Virginia Beach
Law Offices Of SRIS, P.C. has 8 total documented case results across all practice areas in Virginia Beach, with a 100% favorable outcome rate for these matters. These results include dismissals, reductions, and not guilty verdicts in DUI and related cases.
Results may vary. Prior results do not aim for a similar outcome in your case.
Local DUI Defense in Virginia Beach
Our Richmond location serves clients at the Virginia Beach courts, accessible via I-264 and I-64. We are a DUI lawyer near Virginia Beach Oceanfront and Naval Air Station Oceana. We serve the Virginia Beach, Sandbridge, and Oceana 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 Virginia Beach, Virginia?
First DUI in Virginia Beach: 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 Virginia Beach General District Court. Total cost can range from $5,000 to $10,000+.
Is a DUI a felony in Virginia Beach, Virginia?
First and second DUI charges are Class 1 misdemeanors. A third DUI within 10 years is a Class 6 felony, carrying 1-5 years in prison, a mandatory 90-day jail sentence, and indefinite license revocation.
What happens if I refuse a breathalyzer in Virginia Beach, Virginia?
Under Va. Code § 18.2-268.3, a first refusal results in 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.
Can a DUI be reduced in Virginia Beach, Virginia?
Yes. A DUI can potentially be reduced to reckless driving. This avoids mandatory license revocation and VASAP. Defense strategies focus on challenging the legality of the stop and the reliability of the evidence against you.
How long does a DUI case take in Virginia Beach?
A DUI case in Virginia Beach General District Court typically takes 30 to 90 days from arraignment to trial. An appeal to Circuit Court must be filed within 10 days of a conviction in General District Court.
Related Legal Resources
- Virginia DUI Lawyer – Our state hub page for DUI defense.
- Henrico County DUI Lawyer – Defense in a nearby locality.
- Virginia Beach Criminal Defense Lawyer – Related practice area.
- Attorney Bryan Block Profile – Learn more about your attorney.
- Our Richmond Office – Location serving Virginia Beach.
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.