DUI / DWI Defense Lawyer in Virginia Beach, Virginia
Driving under the influence (DUI) in Virginia Beach means operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by drugs or alcohol.
Virginia Beach DUI/DWI Law
Virginia law defines DUI/DWI under Va. Code § 18.2-266. The statute prohibits driving or operating any motor vehicle, engine, or train (1) while under the influence of alcohol, (2) while under the influence of any narcotic drug or other self-administered intoxicant or drug, (3) while under the combined influence of alcohol and any drug, or (4) with a blood alcohol concentration (BAC) of 0.08 percent or more by weight by volume. For commercial drivers, the BAC limit is 0.04%. For drivers under 21, any detectable BAC (0.02% or more) constitutes a violation.
Last verified: March 2026 | Virginia Beach General District Court | Va. Code § 18.2-266
Official Legal Resources
For the full text of Virginia’s DUI statutes, refer to the Virginia General Assembly website (Va. Code § 18.2-266). For court-specific information, forms, and procedures, visit the Virginia Beach General District Court official website.
Virginia Beach Court Process for DUI
Virginia Beach General District Court hears first and second DUI charges at 2425 Nimmo Parkway. Third offenses within 10 years are felonies heard in Circuit Court. Virginia’s implied consent law means refusing a breath test after arrest results in a separate charge and license suspension.
- Arraignment: Appear at Virginia Beach General District Court within 48 hours of arrest or as directed by your summons.
- Review Evidence: Your attorney will obtain and review all police reports, breath test calibration records, and dash/body camera footage.
- File Motions: File pre-trial motions to suppress evidence if the traffic stop, arrest, or testing procedures violated your rights.
- Negotiate or Trial: Pursue a plea negotiation for a reduced charge (like reckless driving) or proceed to a bench trial before a judge.
- Post-Trial Steps: If convicted, enroll in VASAP within 15 days, apply for a restricted license, and install an ignition interlock if required.
DUI Penalties in Virginia Beach
In Virginia Beach, a first DUI carries a penalty of up to 12 months in jail, a $250 minimum fine, and a 12-month license revocation.
| 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 | Mandatory VASAP, IID* |
| First DUI (BAC 0.20+) | Class 1 Misdemeanor | Mandatory 10 days | $250 – $2,500 | 12-month revocation | Mandatory VASAP, IID* |
| Second DUI (within 5 yrs) | Class 1 Misdemeanor | Mandatory 20 days | $500 – $2,500 | 3-year revocation | Mandatory VASAP, IID* |
| Third DUI (within 10 yrs) | Class 6 Felony | Mandatory 90 days | $1,000 – $2,500 | Indefinite revocation | Mandatory VASAP, IID* |
| Refusal (First) | Civil Offense | N/A | N/A | 12-month admin suspension | No restricted license |
*IID = Ignition Interlock Device required for restricted license.
Results may vary. Case outcomes depend on specific facts, evidence, and court discretion.
Our Virginia Beach DUI Defense Experience
Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. The firm brings over 120 years of combined legal experience to each case. We focus on providing full 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 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 (2425 Nimmo Parkway), accessible via I-264, I-64, and Route 44. We are a DUI lawyer near Virginia Beach Oceanfront and Naval Air Station Oceana.
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. The arraignment is within 48 hours of arrest. An appeal to Circuit Court must be filed within 10 days of a conviction.
Related Legal Resources
Virginia DUI Lawyer | Henrico County DUI Lawyer | Virginia Beach Criminal Defense Lawyer | Attorney Bryan Block Profile | Our Richmond Location
Last verified: March 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.