DUI / DWI Defense Lawyer in Fredericksburg, Virginia
A DUI in Fredericksburg 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. Law Offices Of SRIS, P.C. has 6 total documented case results across all practice areas in Fredericksburg.
Virginia DUI/DWI Law and Penalties
Virginia law defines DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) under Va. Code § 18.2-266. It is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, while under the influence of alcohol, or while impaired by drugs or a combination of both. The statute sets strict penalties that increase with each offense and higher BAC levels.
Last verified: April 2026 | Fredericksburg General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, refer to the Va. Code § 18.2-266 (official Virginia General Assembly). Court information and procedures can be found on the Fredericksburg General District Court website.
Fredericksburg DUI Court Process and Defense Strategy
Fredericksburg General District Court hears first and second DUI charges. A third DUI within 10 years is a Class 6 felony heard in Fredericksburg Circuit Court. Virginia’s implied consent law means refusing a breath or blood test after arrest results in a separate administrative license suspension. A preliminary breath test (PBT) at the roadside is used to establish probable cause for arrest, not to prove guilt at trial.
- Receive a summons or be released from custody after arrest.
- Attend your arraignment at Fredericksburg General District Court, where you enter a plea.
- Your attorney files pre-trial motions to challenge the stop, arrest, or test procedures.
- Negotiate with the Commonwealth’s Attorney for a potential reduction or proceed to trial.
- If convicted, comply with court orders including fines, VASAP, and license restrictions.
- Consider an appeal to the Fredericksburg Circuit Court within 10 days if convicted in GDC.
Fredericksburg DUI Penalties at a Glance
In Fredericksburg, a DUI carries penalties ranging from fines and license suspension to mandatory jail time, depending on the offense number and your BAC level.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| 1st DUI (BAC 0.08-0.14) | Class 1 Misdemeanor | Up to 12 months | $250 min. | 12-month revocation | Mandatory VASAP |
| 1st DUI (BAC 0.15-0.19) | Class 1 Misdemeanor | 5-day mandatory min. | $250 min. | 12-month revocation | Mandatory VASAP, ignition interlock required |
| 1st DUI (BAC 0.20+) | Class 1 Misdemeanor | 10-day mandatory min. | $250 min. | 12-month revocation | Mandatory VASAP, ignition interlock required |
| 2nd DUI (within 5 years) | Class 1 Misdemeanor | 20-day mandatory min. | $500 min. | 3-year revocation | Mandatory VASAP, ignition interlock required |
| 3rd DUI (within 10 years) | Class 6 Felony | 90-day mandatory min. (1-5 years possible) | $1,000 min. | Indefinite revocation | Mandatory VASAP, potential vehicle forfeiture |
Results may vary. Prior results do not guarantee a similar outcome.
Our Firm’s Experience in DUI Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our attorneys bring over 120 years of combined legal experience to every case. We have documented 4,739+ case results firm-wide with a 93%+ favorable outcome rate. Our team includes former prosecutors and a former Virginia State Trooper, providing unique insight into DUI investigations and court strategies.
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
Documented Case Results
Our firm has 6 total documented case results across all practice areas in Fredericksburg, with an 83% favorable outcome rate. In past DUI cases across Virginia, our attorneys have successfully negotiated reductions from DUI to reckless driving, which avoids mandatory license revocation and VASAP requirements. For example, we secured a reduction from DWI to reckless driving in Essex County and handled a reduction in a federal DUI case in Alexandria.
Results may vary. Prior results do not guarantee a similar outcome.
DUI Lawyer Near Fredericksburg, VA
Our Fairfax location serves clients at the Fredericksburg courts on Princess Anne Street, accessible via I-95 and Route 1. We provide representation for neighborhoods throughout Fredericksburg. 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
By appointment only.
Fredericksburg DUI Lawyer FAQ
What is the penalty for a first DUI in Fredericksburg, Virginia?
A first DUI in Fredericksburg is a Class 1 misdemeanor with up to 12 months jail, a $250 minimum fine, a 12-month license revocation, and mandatory VASAP. If your BAC is 0.15-0.19%, there is a mandatory 5-day jail sentence; 0.20% or higher triggers a mandatory 10-day sentence.
Is a DUI a felony in Fredericksburg, Virginia?
No, a first or second DUI is a Class 1 misdemeanor. However, a third DUI offense within 10 years is charged as a Class 6 felony, carrying 1-5 years in prison with a mandatory 90-day minimum and indefinite license revocation.
What happens if I refuse a breathalyzer in Fredericksburg, Virginia?
Under Va. Code § 18.2-268.3, a first refusal results in a 12-month administrative license suspension with no restricted license available. A second refusal is a 3-year suspension plus a separate Class 1 misdemeanor charge. These penalties are also to any DUI penalties you may face.
Can a DUI be reduced in Fredericksburg, Virginia?
Yes. A DUI in Fredericksburg can potentially be reduced to reckless driving, which avoids mandatory license revocation and VASAP. Defense strategies include challenging the legality of the traffic stop, the administration of field sobriety tests, and the calibration of breath test equipment.
Related Legal Services in Fredericksburg
If you are facing other charges, our firm also provides a criminal defense lawyer in Fredericksburg, a reckless driving lawyer in Fredericksburg, and a family law lawyer in Fredericksburg. For more DUI defense information, visit our Virginia DUI lawyer hub page.
Page last verified and updated: April 2026. The information on this page is based on Virginia law as of the verification date. Laws change, and each case is unique. For current, case-specific advice, contact Law Offices Of SRIS, P.C. at (888) 437-7747.