DUI / DWI Defense Lawyer in Virginia Beach, Virginia
Virginia Beach DUI is a Class 1 misdemeanor under Va. Code § 18.2-266 carrying up to 12 months in jail, a $250 minimum fine, and a 12-month license revocation; Law Offices Of SRIS, P.C. has 8 documented case results in Virginia Beach with a 100% favorable outcome rate. Our Richmond location serves Virginia Beach clients by appointment only.
Virginia Beach DUI/DWI Statutory Definition
In Virginia, you commit DUI (Driving Under the Influence) if you operate a motor vehicle while your blood alcohol concentration (BAC) is 0.08% or higher, or while impaired by alcohol, drugs, or a combination of both (Va. Code § 18.2-266). The law applies on all public roads, including parking lots and private property accessible to the public.
Last verified: March 2026 | Virginia Beach General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 18.2-266 (official Virginia General Assembly) – Defines the offense of DUI.
- Virginia Beach General District Court website – Provides court location, hours, and procedural information.
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 breath or blood test after arrest results in a separate charge and mandatory license suspension.
- Arraignment: You must appear in Virginia Beach General District Court within 48 hours of arrest or as directed by your summons.
- Pre-trial Motions: Your attorney may file motions to suppress evidence if the traffic stop lacked probable cause or if testing procedures were flawed.
- Trial or Plea Negotiation: The case proceeds to a bench trial before a judge, or your attorney negotiates with the Commonwealth’s Attorney for a potential reduction.
- Sentencing: If convicted, the judge will impose penalties including fines, jail time, license revocation, and mandatory VASAP enrollment.
- License Restoration: You must apply to the DMV for a restricted license and install an ignition interlock device if eligible.
Virginia Beach DUI Penalties
In Virginia Beach, a first-offense DUI carries a penalty range from a $250 fine and a 12-month license revocation to up to 12 months in jail, with mandatory minimum jail time for high BAC levels.
| 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, ignition interlock |
| First DUI (BAC 0.20%+) | Class 1 Misdemeanor | Mandatory 10 days | $250 – $2,500 | 12-month revocation | Mandatory VASAP, ignition interlock |
| Second DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days | $500 – $2,500 | 3-year revocation | Mandatory VASAP, ignition interlock |
| Third DUI (within 10 years) | Class 6 Felony | Mandatory 90 days | $1,000 – $2,500 | Indefinite revocation | Mandatory VASAP, ignition interlock |
Results may vary. The penalties listed are statutory maximums and minimums; actual case outcomes depend on specific facts and court discretion.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings over 120 years of combined legal experience to each case. Our Virginia Beach DUI defense is led by former Virginia State Trooper Bryan Block, whose 15 years of law enforcement experience provides unique insight into police procedures and evidence challenges.
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 for our clients.
Results may vary. Prior results do not aim for a similar outcome.
Local Virginia Beach DUI Defense
Our Richmond location serves clients at the Virginia Beach courts, accessible via I-264 and I-64. We are a DUI lawyer near Virginia Beach Oceanfront and the Town Center area, 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: 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. Total cost ~$5,000-$10,000+.
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.
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.
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.
How long does a DUI case take in Virginia Beach?
A DUI case in Virginia Beach General District Court typically takes 30 to 90 days from arraignment to trial. An appeal to Circuit Court must be filed within 10 days of a conviction.
Related Legal Services
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.