DUI / DWI Defense Lawyer in New Kent County, Virginia
A DUI charge in New Kent County requires immediate action to protect your driving privileges and avoid severe penalties, including mandatory jail time for high BAC levels.
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 thereof (Va. Code § 18.2-266). The penalties escalate sharply with each offense and with a high BAC.
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, refer to the Va. Code § 18.2-266 (official Virginia General Assembly). For information on court procedures and locations, visit the New Kent County General District Court website.
New Kent County DUI Court Process
DUI cases in New Kent County begin at the General District Court located at 12001 Courthouse Circle. The court hears first and second offense misdemeanor DUIs. A third DUI within 10 years is a Class 6 felony and moves to New Kent County Circuit Court.
- Secure legal representation immediately: Contact a DUI defense lawyer as soon as possible 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 the evidence with your attorney: Your lawyer will obtain and analyze all police reports, bodycam footage, breath test calibration records, and other evidence for weaknesses.
- Explore defense and mitigation options: Based on the evidence, your attorney will determine if a motion to suppress, trial defense, or plea negotiation for a reduced charge is the best path.
- Prepare for court proceedings: If your case proceeds to trial in New Kent County, your lawyer will prepare you for testimony and aggressively challenge the prosecution’s case.
DUI Penalties in New Kent County
In New Kent County, a DUI conviction carries penalties including jail time, fines, license revocation, and mandatory VASAP enrollment, with severity increasing for repeat offenses and high BAC levels.
| 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 | VASAP; Ignition Interlock* |
| First DUI (BAC 0.20+) | Class 1 Misdemeanor | Mandatory 10 days | $250 – $2,500 | 12-month revocation | VASAP; Ignition Interlock* |
| Second DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days | $500 – $2,500 | 3-year revocation | VASAP; Ignition Interlock |
| Third DUI (within 10 years) | Class 6 Felony | Mandatory 90 days (1-5 years possible) | $1,000 – $2,500 | Indefinite revocation | VASAP; Felony Record |
| Refusal (First Offense) | Civil Offense | N/A | N/A | 12-month administrative suspension | No restricted license |
*Ignition interlock required for minimum 6 months to obtain restricted license. Results may vary.
Our DUI Defense Experience
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 favorable outcomes, our firm brings a deep understanding of Virginia DUI law and local court procedures. We focus on a case-specific approach for each client in New Kent County.
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. Our defense strategies are designed to seek dismissals, not guilty verdicts, or charge reductions where possible.
Results may vary. Prior results do not aim for a similar outcome.
Local DUI Defense Representation
Our Richmond location serves clients facing DUI charges at the New Kent County General District Court. We represent individuals in New Kent, Providence Forge, and Quinton. As a DUI lawyer near New Kent County, we offer 24/7 phone consultations at (888) 437-7747. All meetings are by appointment only.
Law Offices Of SRIS, P.C.
Richmond Location — By appointment only
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Phone: (888) 437-7747 | Local: (804)201-9009
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. For BAC 0.15-0.20, there is a mandatory 5-day jail sentence; for BAC 0.20+, it’s 10 days.
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, 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 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 restricted license eligibility. A second refusal is a Class 1 misdemeanor with a 3-year suspension. 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. This avoids mandatory license revocation and VASAP. Defense strategies focus on challenging the legality of the traffic stop, the administration of field sobriety tests, and the calibration of breath test equipment.
What is the timeline for a DUI case in New Kent County?
Arraignment occurs within 48 hours of arrest. Trial in New Kent County General District Court is typically 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 District Court conviction.
Related Legal Resources
Virginia DUI/DWI Lawyer | Henrico County DUI Lawyer | New Kent County Criminal Defense Lawyer | Attorney Bryan Block Profile
Last verified: March 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding DUI charges in New Kent County.