DUI / DWI Defense Lawyer in Henrico County, Virginia
Virginia DUI/DWI Law in Henrico County
Virginia law defines DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) 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 (Va. Code § 18.2-266). The statute applies equally in Henrico County, where cases are prosecuted in the Henrico County General District Court.
Last verified: March 2026 | Henrico County General District Court | Virginia General Assembly Code
Law Offices Of SRIS, P.C., founded in 1997 by a former prosecutor, brings over 120 years of combined attorney experience to DUI defense. Our Richmond location serves Henrico County clients by appointment only.
Official Legal Resources
- Va. Code § 18.2-266 (official Virginia General Assembly) – The primary DUI/DWI statute.
- Henrico County General District Court website – Official court information, forms, and contact details.
Henrico County DUI Court Process
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 or blood test after arrest results in a separate charge and mandatory license suspension.
- Secure legal representation immediately. Contact a DUI defense attorney before your arraignment. An attorney can review the evidence, identify procedural weaknesses, and begin building your defense strategy.
- Attend your arraignment. Appear at Henrico County General District Court (4301 East Parham Road) for your arraignment. Your attorney can enter a plea on your behalf and request discovery from the prosecutor.
- Review evidence and file motions. Your attorney will analyze police reports, breath test calibration records, and dash/body cam footage. Motions to suppress evidence may be filed if constitutional violations occurred.
- Negotiate with the Commonwealth’s Attorney. Based on evidence weaknesses, your attorney may negotiate for a reduction to reckless driving or another lesser offense to avoid mandatory DUI penalties.
- Prepare for trial or accept a plea. If no favorable plea is offered, your case proceeds to trial before a judge in Henrico County GDC. If a plea is accepted, you must complete all court-ordered requirements.
DUI Penalties in Henrico County
In Henrico County, a DUI conviction carries severe penalties including jail time, fines, and license revocation, with enhanced penalties for high BAC levels or prior offenses.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First DUI (BAC < 0.15%) | Class 1 Misdemeanor | Up to 12 months | $250 minimum | 12-month revocation | Mandatory VASAP |
| First DUI (BAC 0.15-0.20%) | Class 1 Misdemeanor | Mandatory 5 days | $250 minimum | 12-month revocation | Mandatory VASAP, ignition interlock |
| First DUI (BAC 0.20%+) | Class 1 Misdemeanor | Mandatory 10 days | $250 minimum | 12-month revocation | Mandatory VASAP, ignition interlock |
| Second DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days | $500 minimum | 3-year revocation | Mandatory VASAP, ignition interlock |
| Third DUI (within 10 years) | Class 6 Felony | Mandatory 90 days | $1,000 minimum | Indefinite revocation | Mandatory VASAP, vehicle forfeiture possible |
| Refusal (First Offense) | Civil Offense | N/A | N/A | 12-month administrative suspension | No restricted license available |
Results may vary. The penalties listed are statutory maximums and minimums; actual outcomes depend on the specific facts of your case, your prior record, and the effectiveness of your legal defense.
Filing fees and costs in Henrico County include: VASAP enrollment (~$300), restricted license application ($40 at DMV), ignition interlock installation (~$100 plus $70-$100/month maintenance), court costs (~$62), and potential towing/impound fees ($150-$500+).
Why Choose Our Henrico County DUI Defense Team
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined attorney experience to every case. Our firm-wide track record includes 4,739+ documented case results with a 93%+ favorable outcome rate. Our Richmond location is strategically positioned to serve Henrico County clients.
Our lead DUI attorney for Henrico County is a former Virginia State Trooper with 15 years of law enforcement experience, providing unique insight into police procedures and evidence collection.
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 Henrico County
Law Offices Of SRIS, P.C. has 1 documented DUI/DWI result in Henrico County: 1 case reduced/amended, representing a 100% favorable outcome rate for this locality.
Results may vary. Prior results do not aim for a similar outcome in your case.
Local DUI Defense Serving Henrico County
Our Richmond location serves clients at the Henrico County courts (4301 East Parham Road). We are accessible via I-64, I-95, I-295, Route 250 (Broad Street), Route 1, and Route 33.
Looking for a DUI lawyer near Henrico County or near Short Pump Town Center? We serve the communities of Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville (partial).
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
Richmond Location — 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 Henrico County, Virginia?
First DUI in Henrico County: 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 Henrico County General District Court (4301 East Parham Road, Henrico, VA 23228).
Is a DUI a felony in Henrico County, Virginia?
First/second DUI in Henrico County 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 Henrico County General District Court (4301 East Parham Road, Henrico, VA 23228).
What happens if I refuse a breathalyzer in Henrico County, 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. Cases at Henrico County General District Court (4301 East Parham Road, Henrico, VA 23228).
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. Cases at Henrico County General District Court (4301 East Parham Road, Henrico, VA 23228).
What is the typical timeline for a DUI case in Henrico County?
Arraignment: within 48 hours of arrest or summons to appear; GDC trial: 30-90 days from arraignment; VASAP enrollment required within 15 days of conviction; restricted license application can be filed immediately; ignition interlock required minimum 6 months for BAC ≥0.15 on first offense; appeal to Circuit Court: within 10 days of GDC conviction.
Related Legal Resources
- Virginia DUI/DWI Lawyer Hub – Overview of DUI defense across Virginia.
- Chesterfield County DUI Lawyer – Defense in neighboring Chesterfield County.
- Henrico County Criminal Defense Lawyer – Defense for other criminal charges.
- Attorney Bryan Block Profile – Learn more about our lead DUI attorney.
- Our Richmond Office – Details about our location serving Henrico County.
Last verified: March 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance specific to your situation.