DUI / DWI Defense Lawyer in Henrico County, Virginia
A DUI in Henrico County is a Class 1 misdemeanor under Va. Code § 18.2-266, carrying up to 12 months in jail, a $250+ fine, and a 12-month license revocation. Law Offices Of SRIS, P.C. has 1 documented DUI defense result in Henrico County.
Virginia DUI/DWI Law and Penalties
Virginia law defines driving under the influence (DUI) 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 of both. The statute also sets enhanced penalties for higher BAC levels and repeat offenses.
Last verified: April 2026 | Henrico County General District Court | Virginia General Assembly
Official Legal Resources
Henrico County DUI Defense Strategy
In Henrico County General District Court, prosecutors routinely pursue mandatory minimum jail sentences for high-BAC DUIs. The court at 4301 East Parham Road handles first and second offenses; a third DUI within 10 years is a Class 6 felony heard in Circuit Court. A DUI defense attorney Henrico County must immediately request discovery, including the arresting officer’s notes, dash/body cam footage, and breath test maintenance logs.
- Contact a DUI defense lawyer Henrico County immediately after arrest to protect your license.
- Your attorney will file for discovery and review the evidence for constitutional violations.
- We may file motions to suppress evidence from an illegal stop or faulty breath test.
- Negotiate with the Commonwealth’s Attorney for a reduction to reckless driving if evidence is weak.
- Prepare for trial if a favorable plea cannot be reached, presenting defense arguments to the judge.
- If convicted in GDC, evaluate grounds for an appeal to Henrico County Circuit Court within 10 days.
DUI Penalties in Henrico County
In Henrico County, a first DUI carries up to 12 months in jail, a $250 minimum fine, and a 12-month license revocation, with mandatory VASAP enrollment.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| 1st DUI (BAC 0.08-0.14) | Class 1 Misdemeanor | Up to 12 months | $250 – $2,500 | 12-month revocation | Mandatory VASAP |
| 1st DUI (BAC 0.15-0.20) | Class 1 Misdemeanor | Mandatory 5 days | $250 – $2,500 | 12-month revocation | VASAP, Ignition Interlock |
| 1st DUI (BAC 0.20+) | Class 1 Misdemeanor | Mandatory 10 days | $250 – $2,500 | 12-month revocation | VASAP, Ignition Interlock |
| 2nd DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days | $500 – $2,500 | 3-year revocation | VASAP, Ignition Interlock |
| 3rd DUI (within 10 years) | Class 6 Felony | Mandatory 90 days | $1,000 – $2,500 | Indefinite revocation | VASAP, Ignition Interlock |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Henrico County Courts
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to DUI defense. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. In Henrico County, we have documented results achieving reductions for clients.
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
Our DUI defense lawyers have secured favorable outcomes in Henrico County. In one case, a client facing a second DUI offense within 5 years with a BAC between 0.15 and 0.20 had the charge amended to a first offense DUI, avoiding the mandatory 20-day jail sentence.
Results may vary. Prior results do not guarantee a similar outcome.
DUI Defense Lawyer Near Henrico County
Our Richmond location serves clients at the Henrico County courts (4301 East Parham Road). We are accessible via I-64, I-95, and I-295, serving neighborhoods including Glen Allen, Short Pump, Innsbrook, Tuckahoe, and Highland Springs.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Henrico County DUI Defense FAQs
What is the penalty for a first DUI in Henrico County, Virginia?
A first DUI in Henrico County is a Class 1 misdemeanor with up to 12 months jail, a $250 minimum fine, a 12-month license revocation, and mandatory VASAP. A BAC of 0.15-0.20 adds a mandatory 5 days in jail; 0.20+ adds 10 days.
Is a DUI a felony in Henrico County, Virginia?
No, a first or second DUI is a Class 1 misdemeanor. A third DUI within 10 years is a Class 6 felony, 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 Henrico County, Virginia?
Under Va. Code § 18.2-268.3, a first refusal triggers a 12-month administrative license suspension with no restricted license available. A second refusal is a 3-year suspension plus a separate Class 1 misdemeanor charge, also to any DUI penalties.
Can a DUI be reduced in Henrico County, Virginia?
Yes. A DUI in Henrico County 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 Henrico County General District Court?
It depends. An arraignment is typically within 48 hours of arrest. A trial in General District Court is usually scheduled 30 to 90 days after arraignment. An appeal to Circuit Court must be filed within 10 days of a GDC conviction.
For more information, see our Virginia DUI Lawyer hub page. We also assist clients in nearby areas like Chesterfield County and with related matters such as Criminal Defense in Henrico County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.