DUI / DWI Defense Lawyer in Henrico County, Virginia
Henrico County DUI is a Class 1 misdemeanor under Va. Code § 18.2-266 carrying up to 12 months in jail; Law Offices Of SRIS, P.C. has 1 documented results in Henrico County. A first offense with BAC 0.15-0.20 triggers mandatory 5 days jail. Our Richmond location serves clients at the Henrico County General District Court on East Parham Road.
Driving under the influence (DUI) in Virginia means operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol, drugs, or a combination.
Virginia 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 having a BAC of 0.08% or more by weight by volume, (2) while under the influence of alcohol, (3) while under the influence of any narcotic drug or other self-administered intoxicant, or (4) while under the combined influence of alcohol and drugs. The law applies on highways and anywhere the public has access.
Last verified: March 2026 | Henrico County General District Court | Virginia General Assembly
Official Legal Resources
Henrico County DUI Court Process
Henrico County General District Court hears first and second DUI charges at 4301 East Parham Road. 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 administrative license suspension.
- Arraignment within 48 hours: Appear at Henrico County General District Court (4301 East Parham Road) within 48 hours of arrest or summons to enter a plea.
- Request discovery and review evidence: File a motion for discovery to obtain police reports, breath test calibration records, and dash/body camera footage.
- Evaluate defense strategies: Assess potential defenses: challenge the traffic stop’s legality, field sobriety test administration, or breath test accuracy.
- Prepare for trial or negotiate: Prepare for a bench trial in General District Court or negotiate a potential reduction to reckless driving.
- Address license suspension: If convicted, enroll in VASAP within 15 days and apply for a restricted license with an ignition interlock device.
DUI Penalties in Henrico County
In Henrico County, DUI carries penalties from a $250 fine and license revocation to felony imprisonment, depending on prior offenses and BAC level.
| 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 | VASAP, ignition interlock 6+ months |
| First DUI (BAC 0.20+) | Class 1 Misdemeanor | Mandatory 10 days | $250 minimum | 12-month revocation | VASAP, ignition interlock 6+ months |
| Second DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days | $500 minimum | 3-year revocation | VASAP, ignition interlock |
| Third DUI (within 10 years) | Class 6 Felony | Mandatory 90 days (1-5 years) | $1,000 minimum | Indefinite revocation | VASAP, possible vehicle forfeiture |
| Refusal (first offense) | Civil violation | N/A | N/A | 12-month administrative suspension | No restricted license available |
Results may vary. The penalties listed are statutory maximums; actual outcomes depend on case specifics.
Our Experience in Henrico County
Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. The firm has over 120 years of combined attorney experience and 4,739+ documented case results firm-wide. Our Richmond location serves Henrico County and understands the local court procedures at the General District Court on East Parham Road.
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.
Local DUI Defense in Henrico County
Our Richmond location is approximately 15 minutes from Henrico County General District Court at 4301 East Parham Road, accessible via I-64 and I-95. We are a DUI lawyer near Henrico County serving 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.
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 timeline for a DUI case in Henrico County?
Arraignment occurs within 48 hours of arrest. General District Court trial typically happens 30-90 days later. VASAP enrollment is required within 15 days of conviction. An appeal to Circuit Court must be filed within 10 days of a GDC conviction.
Related Legal Resources
- Virginia DUI Lawyer – Statewide hub page.
- Chesterfield County DUI Lawyer – Serving neighboring county.
- Henrico County Criminal Defense Lawyer – Related practice area.
- Attorney Bryan Block Profile
Last verified: March 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.