DUI / DWI Defense Lawyer in Virginia Beach, Virginia
Virginia Beach DUI/DWI Law
Driving under the influence (DUI) in Virginia Beach 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 within the city.
Last verified: March 2026 | Virginia Beach General District Court | Virginia General Assembly
Official Legal Resources
Review the Virginia DUI statute: Va. Code § 18.2-266 (official Virginia General Assembly). For court information, 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. Virginia’s implied consent law means refusing a test after arrest results in a separate charge.
- Arraignment: Appear at court within 48 hours of arrest or summons.
- GDC Trial: Prepare for trial within 30-90 days from arraignment.
- VASAP Enrollment: If convicted, enroll in VASAP within 15 days.
- License Action: Apply for a restricted license immediately if eligible.
- Appeal: File an appeal to Circuit Court within 10 days of a GDC conviction.
DUI Penalties in Virginia Beach
In Virginia Beach, DUI carries penalties from a $250 fine and license revocation to felony incarceration for repeat offenses.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First DUI | 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 days mandatory min | $250 min | 12-month revocation | Mandatory VASAP, IID required |
| First DUI (BAC 0.20+) | Class 1 Misdemeanor | 10 days mandatory min | $250 min | 12-month revocation | Mandatory VASAP, IID required |
| Second DUI (within 5 yrs) | Class 1 Misdemeanor | 20 days mandatory min | $500 min | 3-year revocation | Mandatory VASAP |
| Third DUI (within 10 yrs) | Class 6 Felony | 90 days mandatory min | $1,000 min | Indefinite revocation | Mandatory VASAP |
| Refusal (First) | Civil Offense | N/A | N/A | 12-month admin suspension | No restricted license |
| Refusal (Second+) | Class 1 Misdemeanor | Up to 12 months | Fine possible | 3-year admin suspension | Runs also to DUI |
Results may vary. 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+ case results firm-wide with a 93%+ favorable outcome rate. Our approach is case-specific.
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.
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 and I-64.
Virginia Beach DUI lawyer near the Oceanfront and Town Center.
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 (2425 Nimmo Parkway, Bldg 10B, Virginia Beach, VA 23456).
Is a DUI a felony in Virginia Beach, Virginia?
First/second DUI in Virginia Beach 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 Virginia Beach General District Court (2425 Nimmo Parkway, Bldg 10B, Virginia Beach, VA 23456).
What happens if I refuse a breathalyzer in Virginia Beach, 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 Virginia Beach General District Court (2425 Nimmo Parkway, Bldg 10B, Virginia Beach, VA 23456).
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 traffic stop, field sobriety tests, and breath test calibration. Cases at Virginia Beach General District Court (2425 Nimmo Parkway, Bldg 10B, Virginia Beach, VA 23456).
How long does a Virginia Beach DUI case take?
A DUI case in Virginia Beach typically takes 30-90 days from arraignment to trial in General District Court. An appeal to Circuit Court adds several months. The timeline varies by court schedule and case complexity.
Related Legal Services
Henrico County DUI Lawyer | Chesterfield County DUI Lawyer
Virginia Beach Criminal Defense Lawyer | Virginia Beach Reckless Driving Lawyer
Last verified: March 2026. Information current as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.