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. Our Richmond location serves clients facing charges at Virginia Beach General District Court. Call (888) 437-7747 for a consultation by appointment.
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
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm uses this experience to build strong DUI defenses.
Official Legal Resources
For the full text of Virginia’s DUI laws, see Va. Code § 18.2-266 (official Virginia General Assembly). For court-specific 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: You must appear in Virginia Beach General District Court within 48 hours of arrest or as directed on your summons.
- Pre-trial Conference: Your attorney may meet with the Commonwealth’s Attorney to discuss evidence and potential resolutions, such as a reduction to reckless driving.
- Motion Hearing: Your attorney can file motions to suppress evidence if the traffic stop lacked probable cause or testing procedures were not followed.
- Trial: If no agreement is reached, your case proceeds to a bench trial before a judge in General District Court.
- Sentencing or Appeal: If found guilty, you will be sentenced immediately. You have 10 days to appeal the conviction to Virginia Beach Circuit Court for a new trial.
DUI Penalties in Virginia Beach
In Virginia Beach, a first-offense DUI carries a penalty range of up to 12 months in jail, a $250 minimum fine, and a 12-month license revocation. Additional costs include VASAP enrollment, 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 | Mandatory VASAP & interlock |
| Second DUI (within 5 yrs) | Class 1 Misdemeanor | 20-day mandatory min | $500 min | 3-year revocation | Mandatory VASAP & interlock |
| Third DUI (within 10 yrs) | Class 6 Felony | 90-day mandatory min | $1,000 min | Indefinite revocation | Mandatory VASAP & interlock |
| Refusal (First) | Civil Offense | N/A | N/A | 12-month admin suspension | No restricted license |
Results may vary. The penalties listed are statutory maximums and minimums; actual case outcomes depend on specific facts and court discretion.
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+ firm-wide case results with a 93%+ favorable outcome rate. Our approach is global advocacy with local precision.
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 these matters.
Results may vary. Prior results do not aim for a similar outcome.
Local DUI Defense in Virginia Beach
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.
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.
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 30-90 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
Virginia DUI/DWI Lawyer – Our state-wide hub page.
Henrico County DUI Lawyer – Defense in a nearby locality.
Virginia Beach Criminal Defense Lawyer – Related practice area in the same city.
View Bryan Block’s attorney profile for more on his background.
Learn about our Richmond office location.
Last verified: March 2026. Information is current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.