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 minimum fine, and a 12-month license revocation. Law Offices Of SRIS, P.C. has 1 documented result in Henrico County. A DUI lawyer Henrico County can challenge the stop, field tests, and breath test calibration to seek a reduction.
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, is strictly enforced in Henrico County General District Court. A conviction brings severe penalties that escalate with prior offenses and BAC level.
Last verified: April 2026 | Henrico County General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 18.2-266 (official Virginia General Assembly)
- Henrico County General District Court website
Henrico County DUI Court Process and Defense Strategy
Henrico County General District Court hears first and second DUI charges. A third DUI within 10 years is a Class 6 felony heard in Henrico County Circuit Court. Virginia’s implied consent law means refusing a breath test after arrest results in a separate administrative license suspension. Preliminary breath test results at roadside are only for establishing probable cause, not for proving guilt at trial.
- Arraignment: You will appear in Henrico County General District Court (4301 East Parham Road) within 48 hours of arrest or as directed by your summons.
- Pre-Trial Motions: Your DUI defense attorney Henrico County may file motions to suppress evidence, challenging the legality of the traffic stop or the administration of field sobriety tests.
- Trial or Negotiation: Your case may proceed to a bench trial before a judge or be resolved through negotiation with the Commonwealth’s Attorney for a reduced charge like reckless driving.
- Sentencing & Compliance: If convicted, you must enroll in VASAP within 15 days, pay fines, and serve any jail time. An ignition interlock device is required for a restricted license if your BAC was 0.15% or higher.
DUI Penalties in Henrico County
In Henrico County, a first-offense DUI carries up to 12 months in jail, a $250 minimum 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 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; IID for restricted license |
| Second DUI (within 5 years) | Class 1 Misdemeanor | 20-day mandatory min. | $500 min. | 3-year revocation | VASAP; mandatory IID upon restoration |
| Third DUI (within 10 years) | Class 6 Felony | 90-day mandatory min. | $1,000 min. | Indefinite revocation | VASAP; felony record |
| Refusal (1st offense) | Civil Violation | 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, including cases reduced or amended to lesser charges. Our founding attorney, Mr. Sris, is a former prosecutor who understands both sides of the courtroom.
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 Henrico County
Our documented results in Henrico County include a DUI charge with a BAC between 0.15% and 0.20% (which carries a mandatory 5-day jail sentence) that was amended to a first-offense DUI, avoiding the mandatory minimum jail time.
Results may vary. Prior results do not guarantee a similar outcome.
DUI Lawyer Near Henrico County, Virginia
Our Richmond location serves clients at the Henrico County courts. We are accessible via I-64, I-95, I-295, Route 250 (Broad Street), Route 1, and Route 33. We provide representation for individuals in Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville.
24/7 phone consultations — meetings by appointment only.
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.
Henrico County DUI Lawyer FAQ
What is the penalty for a first DUI in Henrico County, Virginia?
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. A BAC of 0.20% or higher adds a mandatory 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 offense 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 within 10 years is a Class 1 misdemeanor with a 3-year suspension. This penalty is separate from any DUI conviction 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 legality of the traffic stop, the administration of field sobriety tests, and the calibration of breath test equipment.
How long will a DUI stay on my record in Virginia?
A DUI conviction in Virginia is a permanent criminal record. It cannot be expunged. This can affect employment, professional licensing, insurance rates, and background checks indefinitely.
Related Legal Information
If you are facing other charges, our firm also handles criminal defense in Henrico County and reckless driving cases in Henrico County. For a broader view of our DUI defense practice, visit our Virginia DUI lawyer hub page. We also represent clients in neighboring areas like Chesterfield County.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.