DUI / DWI Defense Lawyer in New Kent County, Virginia
Virginia DUI 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 (Va. Code § 18.2-266). The penalties escalate sharply with each offense and high BAC levels.
Last verified: March 2026 | New Kent County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s DUI statutes, visit the Va. Code § 18.2-266 (official Virginia General Assembly website). For information about the New Kent County court handling these cases, see the New Kent County General District Court website.
New Kent County DUI Court Process
New Kent County General District Court hears first and second DUI offenses. A third DUI within 10 years is a Class 6 felony heard in New Kent County Circuit Court. Virginia’s implied consent law means refusing a breath test after arrest triggers a separate administrative license suspension.
- Secure legal representation: Contact a DUI defense attorney immediately after arrest to protect your rights and begin building your defense strategy.
- Attend your arraignment: Appear at New Kent County General District Court for your arraignment, where you will be formally advised of the charges and enter a plea.
- Review discovery and evidence: Your attorney will obtain and review all police reports, breath test calibration records, and dash/body cam footage for procedural errors.
- Explore defense and negotiation options: Based on the evidence, your attorney may file motions to suppress evidence or negotiate with the prosecutor for a charge reduction.
- Prepare for trial or sentencing: If no agreement is reached, prepare for a bench trial in General District Court. If convicted, prepare arguments for sentencing or file an appeal within 10 days.
DUI Penalties in New Kent County
In New Kent County, a DUI carries penalties ranging from fines and license suspension for a first offense to felony charges and mandatory jail time for repeat or high-BAC offenses.
| 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 | Mandatory 5 days | $250 min | 12-month revocation | Mandatory VASAP, IID required |
| First DUI (BAC 0.20%+) | Class 1 Misdemeanor | Mandatory 10 days | $250 min | 12-month revocation | Mandatory VASAP, IID required |
| Second DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days | $500 min | 3-year revocation | Mandatory VASAP, IID required |
| Third DUI (within 10 years) | Class 6 Felony | Mandatory 90 days | $1,000 min | Indefinite revocation | Mandatory VASAP, IID required, felony record |
| Refusal (First Offense) | Civil Violation | N/A | N/A | 12-month admin suspension | No restricted license eligibility |
Results may vary. The penalties listed are based on Virginia statutes; the specific outcome in any case depends on the unique facts and evidence.
Our Experience in DUI Defense
Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. With over 120 years of combined attorney experience and a documented history of 4,739+ case results firm-wide, our approach is grounded in direct legal knowledge. Our tagline, “Global advocacy. Local precision,” reflects our commitment to detailed, jurisdiction-specific defense.
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 New Kent County
Law Offices Of SRIS, P.C. has 11 total documented case results across all practice areas in New Kent County, with a 100% favorable outcome rate for these matters.
Results may vary. Prior results do not aim for a similar outcome in any future case.
Local DUI Defense Representation
Our Richmond location serves clients at the New Kent County courts (12001 Courthouse Circle), accessible via I-64, Route 33, and Route 249. As a DUI lawyer near New Kent County, we represent individuals in New Kent, Providence Forge, and Quinton.
We offer 24/7 phone consultations at (888) 437-7747. All meetings are 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 New Kent County, Virginia?
First DUI in New Kent 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. Mandatory VASAP enrollment is required. Cases are heard at New Kent County General District Court.
Is a DUI a felony in New Kent County, Virginia?
First and second DUI offenses are Class 1 misdemeanors. A third DUI within 10 years is a Class 6 felony under Va. Code § 18.2-270, with a mandatory 90-day jail sentence and indefinite license revocation.
What happens if I refuse a breathalyzer in New Kent County, Virginia?
Refusing a breath test under Va. Code § 18.2-268.3 triggers a separate 12-month administrative license suspension for a first offense, with no eligibility for a restricted license. This penalty is also to any DUI conviction penalties.
Can a DUI be reduced in New Kent County, Virginia?
Yes, a DUI charge can potentially be reduced to reckless driving through defense strategies that challenge the traffic stop, field sobriety tests, or breath test calibration. This avoids mandatory license revocation and VASAP.
What is the timeline for a DUI case in New Kent County?
Arraignment occurs within 48 hours of arrest. A trial in New Kent County General District Court is typically scheduled 30-90 days later. VASAP enrollment is required within 15 days of a conviction. An appeal to Circuit Court must be filed within 10 days.
Related Legal Resources
For more information, see our Virginia DUI/DWI Lawyer hub page. If you are in a neighboring area, our attorneys also serve Henrico County and Chesterfield County. For other legal needs in New Kent County, we handle criminal defense and reckless driving cases. Learn more about Bryan Block or our Richmond office.
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.