DUI / DWI Defense Lawyer in Augusta County, Virginia
If you are facing a DUI charge in Augusta County, immediate action is critical to protect your driving privileges and avoid severe penalties.
Virginia DUI Law and Penalties in Augusta County
In Virginia, driving under the influence (DUI) is defined by Va. Code § 18.2-266 as operating a motor vehicle while having a blood alcohol concentration (BAC) of 0.08 percent or more, or while under the influence of alcohol, drugs, or a combination to a degree that impairs your ability to drive safely. The statute applies uniformly across the state, including Augusta County. The Law Offices Of SRIS, P.C., founded in 1997 by a former prosecutor, uses this detailed statutory knowledge to build case-specific defenses.
Last verified: March 2026 | Augusta County General District Court | Virginia General Assembly
Official Legal Resources
For the definitive text of Virginia’s DUI laws, refer to the Va. Code § 18.2-266 (official Virginia General Assembly website). For information specific to the court handling your case, visit the Augusta County General District Court website.
Augusta County DUI Court Process
Your DUI case will proceed through the Augusta County General District Court. The court hears first and second DUI offenses at its location on 6 East Johnson Street in Staunton. A third DUI within 10 years is a Class 6 felony and moves to the Augusta County Circuit Court.
- Secure legal representation immediately. Contact a DUI defense attorney before your arraignment.
- Attend your arraignment. You or your attorney must appear in court to enter a plea.
- File pre-trial motions. Your attorney may file motions to challenge the evidence.
- Prepare for trial or negotiate a resolution. Your attorney will build your defense strategy.
- Address license sanctions. If convicted, you must enroll in VASAP and may apply for a restricted license.
DUI Penalties in Augusta County
In Augusta County, a first-offense DUI carries a penalty range of up to 12 months in jail, a minimum $250 fine, and a 12-month license revocation, with costs including VASAP fees, court costs, and ignition interlock expenses.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First DUI (BAC < 0.15) | Class 1 Misdemeanor | Up to 12 months | $250 – $2,500 | 12-month revocation | Mandatory VASAP |
| First DUI (BAC 0.15-0.20) | Class 1 Misdemeanor | Mandatory 5 days | $250 – $2,500 | 12-month revocation | Mandatory VASAP, IID required for restricted license |
| First DUI (BAC 0.20+) | Class 1 Misdemeanor | Mandatory 10 days | $250 – $2,500 | 12-month revocation | Mandatory VASAP, IID required for restricted license |
| Second DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days | $500 – $2,500 | 3-year revocation | Mandatory VASAP, IID required for 6 months minimum |
| Third DUI (within 10 years) | Class 6 Felony | Mandatory 90 days to 5 years | $1,000 – $2,500 | Indefinite revocation | Mandatory VASAP, vehicle forfeiture possible |
Results may vary. The penalties listed are defined by statute; the outcome in your specific case depends on the facts and evidence.
Our Firm’s Background in DUI Defense
The Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined attorney experience to each case. Our approach in Augusta County is informed by direct knowledge of local court procedures. We focus on the details of your case to seek a favorable outcome.
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
Documented Case Results in Augusta County
The Law Offices Of SRIS, P.C. has 13 total documented case results across all practice areas in Augusta County. Our attorneys work to challenge the evidence and seek reductions or dismissals where possible.
Results may vary. Prior results do not aim for a similar outcome in your case.
Local DUI Defense Representation
Our Shenandoah/Woodstock location serves clients at the Augusta County courts. As a DUI lawyer near Augusta County, we represent individuals from Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville. We offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
Law Offices Of SRIS, P.C.
505 N Main St, Suite 103
Woodstock, VA 22664
Phone: (888) 437-7747
By appointment only.
Frequently Asked Questions
What is the penalty for a first DUI in Augusta County, Virginia?
First DUI in Augusta County is a Class 1 misdemeanor under Va. Code § 18.2-266, carrying 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 triggers a mandatory 5-day jail sentence; a BAC of 0.20+ triggers a mandatory 10-day sentence.
Is a DUI a felony in Augusta County, Virginia?
First and second DUI offenses in Augusta County are Class 1 misdemeanors. A third DUI offense within 10 years is a Class 6 felony under Va. Code § 18.2-270, 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 Augusta County, Virginia?
Refusing a breath test under Virginia’s implied consent law (Va. Code § 18.2-268.3) triggers a separate 12-month administrative license suspension for a first offense, with no eligibility for a restricted license. A second refusal is a Class 1 misdemeanor with a 3-year suspension, also to any DUI penalties.
Can a DUI be reduced in Augusta County, Virginia?
Yes, a DUI charge in Augusta County can potentially be reduced to reckless driving. This avoids mandatory license revocation and VASAP. Defense strategies focus on challenging the legality of the traffic stop, the administration of field sobriety tests, and the calibration of breath test equipment.
What court handles DUI cases in Augusta County?
First and second DUI offenses are heard at the Augusta County General District Court at 6 East Johnson Street, Staunton. Third-offense felonies are heard at the Augusta County Circuit Court. The Law Offices Of SRIS, P.C. has documented results in this jurisdiction.
Related Legal Resources
For more information, visit our Virginia DUI Lawyer hub page. If you are in a neighboring area, consider our Shenandoah County DUI lawyer or Rockingham County DUI lawyer. For other legal needs in Augusta County, see our pages on criminal defense and reckless driving. Learn more about attorney Bryan Block.
Last verified: March 2026. Information is current as of the verification date. Laws change; contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.