DUI / DWI Defense Lawyer in Lexington, Virginia
A first DUI conviction in Lexington requires mandatory enrollment in the Virginia Alcohol Safety Action Program (VASAP).
Virginia DUI/DWI Law in Lexington
Virginia law prohibits operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both (Va. Code § 18.2-266). The legal limit for blood alcohol concentration (BAC) is 0.08% for drivers 21 and over. For commercial drivers, the limit is 0.04%, and for drivers under 21, any detectable alcohol (0.02% BAC) constitutes a violation.
Last verified: March 2026 | Lexington General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s DUI statutes, visit the Va. Code § 18.2-266 (official Virginia General Assembly). For court-specific information, procedures, and forms, refer to the Lexington General District Court website.
Lexington DUI Court Process
Lexington General District Court hears first and second DUI charges. A third DUI within 10 years is a Class 6 felony heard in Lexington Circuit Court. Virginia’s implied consent law means refusing a breath or blood test after arrest triggers a separate administrative license suspension.
- Arraignment: You will appear at Lexington General District Court (2 South Main Street) within 48 hours of arrest or as directed by your summons.
- Evidence Review: Your attorney obtains police reports, breath test calibration records, and dash/body cam footage.
- Pre-Trial Motions: File motions to suppress evidence if the traffic stop lacked probable cause or testing procedures were flawed.
- Negotiation or Trial: Pursue a reduction to reckless driving or challenge the case at a bench trial.
- Post-Trial: If convicted, enroll in VASAP within 15 days and apply for a restricted license with an ignition interlock.
DUI Penalties in Lexington, Virginia
In Lexington, a DUI carries penalties ranging from a Class 1 misdemeanor with fines and license suspension to a Class 6 felony with mandatory jail time for repeat offenses.
| 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 | Mandatory VASAP, IID required |
| First DUI (BAC 0.20%+) | Class 1 Misdemeanor | 10-day mandatory min | $250 min | 12-month revocation | Mandatory VASAP, IID required |
| Second DUI (within 5 years) | Class 1 Misdemeanor | 20-day mandatory min | $500 min | 3-year revocation | Mandatory VASAP, IID required |
| Third DUI (within 10 years) | Class 6 Felony | 90-day mandatory min (1-5 years) | $1,000 min | Indefinite revocation | Felony conviction, VASAP |
| Refusal (First Offense) | Civil Violation | N/A | N/A | 12-month admin suspension | No restricted license |
Results may vary. Case outcomes depend on specific facts, evidence, and court discretion.
Our Firm’s Background
Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. The firm brings over 120 years of combined legal experience to every case. Our approach is case-specific, focusing on the details of your Lexington DUI charge to build a strong defense.
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 Lexington
Law Offices Of SRIS, P.C. has 14 total documented case results across all practice areas in Lexington, with a 100% favorable outcome rate for these matters.
Results may vary. Prior results do not aim for a similar outcome.
Local DUI Defense in Lexington
Our Richmond location serves clients at the Lexington courts. As a DUI lawyer near Lexington and the surrounding I-81 corridor, we represent individuals in the Lexington area and surrounding communities.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
Richmond Location — 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 Lexington, Virginia?
First DUI in Lexington: 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 Lexington General District Court.
Is a DUI a felony in Lexington, Virginia?
First/second DUI in Lexington 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 Lexington General District Court.
What happens if I refuse a breathalyzer in Lexington, 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.
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 traffic stop, field sobriety tests, and breath test calibration.
Do I need a lawyer for a first DUI in Lexington?
It depends. While you can represent yourself, the mandatory penalties and complex procedures make legal guidance critical. An attorney can challenge evidence, negotiate for a reduction, and help you handle VASAP and license restoration.
Related Legal Resources
Virginia DUI/DWI Lawyer – Our state-wide hub page for DUI defense.
Henrico County DUI Lawyer – Defense in a nearby Virginia locality.
Lexington Criminal Defense Lawyer – Related practice area in the same city.
Attorney Bryan Block Profile – Learn more about your assigned counsel.
Our Richmond Office – Information about our serving location.
Last verified: March 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.