DUI / DWI Defense Lawyer in Virginia Beach, Virginia
Virginia Beach DUI/DWI Law
In Virginia, driving under the influence (DUI) or driving while intoxicated (DWI) is defined by Va. Code § 18.2-266 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. The statute applies on all public roads in Virginia Beach. Law Offices Of SRIS, P.C., founded in 1997 by a former prosecutor, uses this statutory framework to build defenses.
Last verified: March 2026 | Virginia Beach General District Court | Virginia General Assembly
Official Legal Resources
Review the official statutes: Va. Code § 18.2-266 (official Virginia General Assembly). For court procedures, visit the Virginia Beach General District Court website.
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. Prosecutors routinely seek mandatory minimum jail time for high BAC cases.
- Receive a summons or be arrested. Your arraignment is typically within 48 hours at 2425 Nimmo Parkway.
- Consult a DUI defense lawyer immediately to review the stop, tests, and calibration records.
- Attend your arraignment to enter a plea. A trial date in General District Court is usually set 30-90 days later.
- If convicted, you must enroll in VASAP within 15 days and may apply for a restricted license with an ignition interlock.
- You have 10 days to appeal a General District Court conviction to the Virginia Beach Circuit Court.
Virginia Beach DUI Penalties
In Virginia Beach, DUI carries penalties from a $250 fine and license revocation to felony incarceration, depending on prior offenses and BAC level.
| 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 | 5-day mandatory min | $250 min | 12-month revocation | VASAP, ignition interlock required |
| First DUI (BAC 0.20+) | Class 1 Misdemeanor | 10-day mandatory min | $250 min | 12-month revocation | VASAP, ignition interlock required |
| Second DUI (within 5 years) | Class 1 Misdemeanor | 20-day mandatory min | $500 min | 3-year revocation | VASAP, ignition interlock |
| Third DUI (within 10 years) | Class 6 Felony | 90-day mandatory min | $1,000 min | Indefinite revocation | VASAP, possible vehicle forfeiture |
| Refusal (First) | Civil Offense | N/A | N/A | 12-month administrative suspension | No restricted license available |
Results may vary. The penalties listed are defined by statute; specific outcomes depend on case facts.
Filing fees and costs include: VASAP enrollment (~$300), restricted license application ($40 at DMV), ignition interlock installation (~$100 plus $70-$100/month), court costs (~$62), and potential towing/impound fees ($150-$500+).
Firm Credentials
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+ firm-wide case results with a 93%+ favorable outcome rate. Global advocacy. Local precision.
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
Virginia Beach Case Results
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. These results include dismissals, reductions, and favorable settlements in DUI and related matters.
Results may vary. Prior results do not aim for a similar outcome.
Local DUI Defense in Virginia Beach
Our Richmond location serves clients at Virginia Beach courts (2425 Nimmo Parkway), accessible via I-264, I-64, and Route 44. We are a DUI lawyer near Virginia Beach Oceanfront and Town Center, serving Virginia Beach, Sandbridge, and Oceana. 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 is a Class 1 misdemeanor with up to 12 months jail, a $250 minimum fine, 12-month license revocation, and mandatory VASAP. A BAC of 0.15-0.20 adds a mandatory 5 days in jail; 0.20+ adds 10 days. Cases are at Virginia Beach General District Court.
Is a DUI a felony in Virginia Beach, Virginia?
First and second DUI charges in Virginia Beach are Class 1 misdemeanors. A third DUI within 10 years is a Class 6 felony, punishable by 1-5 years in prison with a mandatory 90-day jail term 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 triggers a 12-month administrative license suspension with no restricted license available. A second refusal is a 3-year suspension plus a Class 1 misdemeanor charge, also to any DUI penalties.
Can a DUI be reduced in Virginia Beach, Virginia?
Yes. A DUI in Virginia Beach can potentially be reduced to reckless driving, which avoids mandatory license revocation and VASAP. Defense strategies include challenging the legality of the traffic stop, field sobriety test administration, and breath test calibration records.
How long does a Virginia Beach DUI case take?
A typical timeline includes an arraignment within 48 hours of arrest, a General District Court trial 30-90 days later, and mandatory VASAP enrollment within 15 days of any conviction. An appeal to Circuit Court must be filed within 10 days of a GDC conviction.
Related Legal Services
For more information, see our Virginia DUI/DWI lawyer hub page. We also serve nearby areas like Henrico County and Chesterfield County. In Virginia Beach, we handle criminal defense and reckless driving cases. Learn more about attorney Bryan Block.
Last verified: March 2026. Information current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.