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; Law Offices Of SRIS, P.C. has 8 documented results in Virginia Beach. A first offense with a BAC of 0.15% or higher triggers mandatory jail time. Our firm provides full representation focused on challenging evidence and protecting your driving privileges.
Virginia DUI Law and Penalties
Driving under the influence (DUI) in Virginia is defined as operating a motor vehicle while having a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol or drugs (Va. Code § 18.2-266). The law applies equally in Virginia Beach.
Last verified: March 2026 | Virginia Beach General District Court | Virginia General Assembly
Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. Our attorneys use their experience to handle the details of your DUI case.
Official Legal Resources
For the full text of Virginia DUI statutes, visit the Virginia General Assembly website (Va. Code § 18.2-266). For court-specific information, procedures, and forms, refer to 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 becomes a Class 6 felony heard in Virginia Beach Circuit Court. Refusing a breath test after arrest results in a separate administrative license suspension.
- Secure legal representation immediately after arrest.
- Attend your arraignment at Virginia Beach General District Court.
- Your attorney reviews police reports and breath test records.
- Defense strategies are developed, such as challenging the stop.
- Your case proceeds to trial or negotiated resolution.
- If convicted, comply with VASAP and license requirements.
DUI Penalties in Virginia Beach
In Virginia Beach, a first DUI carries up to 12 months in jail, a $250 minimum fine, and a 12-month license revocation. Additional costs include VASAP enrollment ($300), ignition interlock, and court fees.
| 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 |
| First DUI (BAC 0.20%+) | Class 1 Misdemeanor | 10-day mandatory min | $250 min | 12-month revocation | VASAP, ignition interlock |
| 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, ignition interlock |
| Refusal (First) | Civil Offense | N/A | N/A | 12-month admin suspension | No restricted license |
Results may vary. The penalties listed are based on Virginia statutes; actual outcomes depend on case facts.
Our Firm’s Experience
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have over 120 years of combined legal experience. We focus on providing case-specific representation for DUI charges in Virginia Beach.
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. These results include dismissals and charge reductions.
Results may vary. Prior results do not aim for a similar outcome.
Local DUI Defense Representation
Our Richmond location serves clients at Virginia Beach courts. We are a DUI lawyer near Virginia Beach Oceanfront and Naval Air Station Oceana. We serve 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.
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 typically takes 30 to 90 days from arraignment to trial in General District Court. An appeal to Circuit Court extends the timeline. Mandatory VASAP enrollment must occur within 15 days of conviction.
Related Legal Services
For more information, visit our Virginia DUI Lawyer hub page. We also serve clients in nearby localities like Henrico County and Chesterfield County. In Virginia Beach, we handle related matters including criminal defense and reckless driving. Learn more about Bryan Block’s background.
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.