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 result in Henrico County. A DUI defense attorney Henrico County can challenge the stop, field tests, and breath test calibration.
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. The statute, Va. Code § 18.2-266, applies statewide, including in Henrico County General District Court. A conviction triggers mandatory penalties that increase with prior offenses and BAC level.
Last verified: April 2026 | Henrico County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s DUI laws, refer to the official Virginia Code. Court information, including forms and procedures for Henrico County, can be found on the Virginia Courts website.
Henrico County DUI Court Process and Defense Strategy
Your case begins at the Henrico County General District Court at 4301 East Parham Road. The court hears first and second DUI offenses; a third within 10 years is a felony heard in Circuit Court. Prosecutors routinely seek the mandatory minimum jail time for high BAC cases (0.15%+). A drunk driving defense lawyer Henrico County can file pre-trial motions to suppress evidence if the traffic stop lacked probable cause or if field sobriety or breath tests were improperly administered.
- Arraignment & Plea: You will be formally charged and enter a plea of not guilty, guilty, or no contest.
- Pre-Trial Motions: Your attorney files motions to challenge evidence, such as the legality of the stop or breath test accuracy.
- Trial or Negotiation: Your case may proceed to a bench trial before a judge or be resolved through plea negotiations.
- Sentencing & Compliance: If convicted, you must comply with court orders, including fines, VASAP, and license revocation.
- License Actions: Handle separate DMV administrative hearings for license suspension, which run concurrently with criminal court.
- Appeal (if applicable): You have 10 days to appeal a General District Court conviction to the Henrico County Circuit Court for a new trial.
DUI Penalties in Henrico County
In Henrico County, a first-offense DUI carries up to 12 months in jail, a minimum $250 fine, a 12-month license revocation, and mandatory VASAP enrollment.
| 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 | VASAP; ignition interlock required |
| First DUI (BAC 0.20%+) | Class 1 Misdemeanor | Mandatory 10 days | $250 – $2,500 | 12-month revocation | VASAP; ignition interlock required |
| Second DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days to 12 months | $500 – $2,500 | 3-year revocation | VASAP; ignition interlock required |
| Third DUI (within 10 years) | Class 6 Felony | Mandatory 90 days to 5 years | $1,000 – $2,500 | Indefinite revocation | VASAP; felony record |
| Refusal (1st offense) | Civil Offense | N/A | N/A | 12-month administrative suspension | No restricted license available |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Henrico County DUI Cases
Founded in 1997, 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 for DUI cases. Our approach is grounded in a detailed review of police reports, calibration records for breath test devices, and witness statements to build a strong defense.
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 for DUI in Henrico County
Our DUI lawyer Henrico County team works to achieve favorable outcomes. In one documented Henrico County case, a client facing a second-offense DWI with a high BAC saw the charge amended to a first offense. Results may vary. Prior results do not guarantee a similar outcome. Firm founder Mr. Sris, a former prosecutor, provides strategic oversight on complex cases.
Contact Our Henrico County DUI Defense Team
Our Richmond location serves clients in Henrico County, including Glen Allen, Short Pump, and Innsbrook. We are accessible via I-64, I-95, and Route 250. Looking for a DUI lawyer near Henrico County? We provide 24/7 phone consultations.
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 Lawyer FAQ
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-day jail sentence; 0.20%+ adds 10 days.
Is a DUI a felony in Henrico County, Virginia?
No, a first or second DUI is a misdemeanor. A third DUI within 10 years is a Class 6 felony, punishable by 1-5 years in prison with a mandatory 90-day minimum and indefinite license revocation.
What happens if I refuse a breathalyzer in Henrico County, Virginia?
It depends. Under Virginia’s implied consent law, a first refusal triggers a 12-month administrative license suspension with no restricted license available. A second refusal within 10 years is a separate Class 1 misdemeanor with a 3-year suspension. These penalties are also to any DUI conviction penalties.
Can a DUI be reduced in Henrico County, Virginia?
Yes. A DUI may be reduced to reckless driving, which avoids mandatory license revocation and VASAP. Success depends on the evidence. A DUI defense attorney Henrico County can challenge the stop, field tests, and breath test calibration to seek a reduction.
How long does a DUI case take in Henrico County?
Typically 30 to 90 days from arraignment to trial in General District Court. If appealed to Circuit Court, it can take several more months. The DMV administrative process for your license runs separately but concurrently.
Related Practice Areas: Criminal Defense Lawyer Henrico County | Reckless Driving Lawyer Henrico County
Nearby DUI Defense: DUI Lawyer Chesterfield County | DUI Lawyer Hanover County
Virginia DUI Information: Virginia DUI Lawyer Overview
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.