DUI / DWI Defense Lawyer in Lexington, Virginia
A DUI in Lexington 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 14 documented case results in Lexington. A DUI lawyer Lexington can challenge the stop, field sobriety tests, and breath test calibration. Our Lexington DUI lawyer team provides 24/7 phone consultations.
Lexington DUI/DWI Law and Penalties
Virginia law defines DUI/DWI as driving with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol, drugs, or a combination. The statute is Va. Code § 18.2-266. A conviction triggers mandatory penalties, including license revocation and enrollment in the Virginia Alcohol Safety Action Program (VASAP).
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly.
Official Legal Resources
Local DUI Defense Strategy in Lexington
Lexington General District Court hears first and second DUI charges. A third offense within 10 years is a Class 6 felony heard in Lexington Circuit Court. Prosecutors in this court routinely seek the mandatory minimum jail time for high-BAC cases (0.15% and above).
- Secure legal representation immediately after arrest to protect your license and begin building your defense.
- Your attorney will request and review all discovery, including the officer’s report, dash/body cam footage, and breath test maintenance logs.
- Based on the evidence, your DUI defense attorney Lexington will file pre-trial motions, such as to suppress evidence from an unlawful stop.
- Negotiate with the Commonwealth’s Attorney for a potential reduction to reckless driving or a favorable plea agreement.
- If no agreement is reached, prepare for and proceed to a bench trial in Lexington General District Court.
- If convicted, evaluate the grounds for an appeal to the Lexington Circuit Court within 10 days.
Lexington DUI Penalties
In Lexington, a DUI conviction carries severe penalties including jail time, fines, and mandatory license revocation, with increased penalties for high BAC or prior offenses.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| 1st DUI (BAC <0.15) | Class 1 Misdemeanor | Up to 12 months | $250 minimum | 12-month revocation | Mandatory VASAP |
| 1st DUI (BAC 0.15-0.20) | Class 1 Misdemeanor | 5-day mandatory minimum | $250 minimum | 12-month revocation | Mandatory VASAP, ignition interlock required |
| 1st DUI (BAC 0.20+) | Class 1 Misdemeanor | 10-day mandatory minimum | $250 minimum | 12-month revocation | Mandatory VASAP, ignition interlock required |
| 2nd DUI (within 5 years) | Class 1 Misdemeanor | 20-day mandatory minimum | $500 minimum | 3-year revocation | Mandatory VASAP, ignition interlock required |
| 3rd DUI (within 10 years) | Class 6 Felony | 90-day mandatory minimum | $1,000 minimum | Indefinite revocation | Mandatory VASAP, vehicle forfeiture possible |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Lexington DUI Cases
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to DUI defense. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. Our Lexington DUI lawyer team understands the specific procedures of the Lexington General District Court.
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 14 total documented case results across all practice areas in Lexington, with a 100% favorable outcome rate. In other Virginia jurisdictions, our DUI defense attorney Lexington team has achieved results such as DUI charges reduced to reckless driving and second-offense charges amended.
Results may vary. Prior results do not guarantee a similar outcome.
DUI Lawyer Near Lexington, Virginia
Our Richmond location serves clients at the Lexington courts. We represent clients in Lexington and surrounding communities.
Availability: 24/7 phone consultations — meetings by appointment only.
Contact: Toll-Free: (888) 437-7747 | Local: (804)201-9009
Address: 7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
By appointment only.
Lexington DUI Lawyer FAQ
What is the penalty for a first DUI in Lexington, Virginia?
A first DUI in Lexington is a Class 1 misdemeanor with penalties of up to 12 months in jail, a $250 minimum fine, a 12-month license revocation, and mandatory VASAP enrollment. A BAC of 0.15-0.20 carries a mandatory 5 days in jail; BAC 0.20+ carries 10 days.
Is a DUI a felony in Lexington, Virginia?
No, a first or second DUI in Lexington is a Class 1 misdemeanor. A third DUI offense within 10 years is a Class 6 felony, punishable by 1-5 years in prison with a mandatory 90-day jail sentence and indefinite license revocation.
What happens if I refuse a breathalyzer in Lexington, Virginia?
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. This penalty is also to any DUI conviction penalties.
Can a DUI be reduced in Lexington, Virginia?
Yes. A DUI in Lexington 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 the breath test machine.
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 Virginia DMV points associated with the conviction remain active for 11 years.
Internal Resources: For more information, see our Virginia DUI Lawyer hub page. We also assist with criminal defense in Lexington and reckless driving charges in Lexington.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your DUI case in Lexington.