DUI / DWI Defense Lawyer in New Kent County, Virginia
Virginia DUI/DWI 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 subsequent offense and with higher 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). The New Kent County General District Court website provides local rules, forms, and contact information.
New Kent County DUI Court Process
Your DUI case in New Kent County will proceed through the General District Court at 12001 Courthouse Circle. The timeline from arraignment to trial is typically 30 to 90 days. Virginia’s implied consent law means refusing a breath or blood test after arrest results in a separate administrative license suspension.
- 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 hearing: Appear at New Kent County General District Court (12001 Courthouse Circle) for your initial hearing, typically within 48 hours of arrest.
- Review evidence and file motions: Your attorney will obtain discovery from the prosecutor, review police reports, breath test results, and dash/body cam footage, and file appropriate pre-trial motions.
- Prepare for trial or negotiate a resolution: Based on the evidence, your lawyer will either prepare for a bench trial before Judge Bowie or negotiate with the Commonwealth’s Attorney for a potential reduction or dismissal.
- Address license and VASAP requirements: If convicted, you must enroll in VASAP within 15 days and apply to DMV for a restricted license if eligible, which may require an ignition interlock device.
DUI Penalties in New Kent County
In New Kent County, a first-offense DUI carries a penalty range from a $250 fine and a 12-month license revocation to up to 12 months in jail, with mandatory jail time for 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 | Mandatory VASAP, IID for 6 months |
| First DUI (BAC 0.20%+) | Class 1 Misdemeanor | Mandatory 10 days | $250 – $2,500 | 12-month revocation | Mandatory VASAP, IID for 6 months |
| Second DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days | $500 – $2,500 | 3-year revocation | Mandatory VASAP, IID for 6 months |
| Third DUI (within 10 years) | Class 6 Felony | Mandatory 90 days | $1,000 – $2,500 | Indefinite revocation | Mandatory VASAP, IID for 6 months |
| Refusal (First Offense) | Civil Offense | N/A | N/A | 12-month administrative suspension | No restricted license eligibility |
Results may vary. The penalties listed are statutory maximums and minimums; actual case outcomes depend on specific facts, evidence, and court discretion.
Our Experience in DUI Defense
Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. Our firm brings over 120 years of combined legal experience to each case. We have achieved 4,739+ documented case results firm-wide with a favorable outcome rate exceeding 93%. Our approach is grounded in a detailed understanding of both prosecution tactics and defense strategies.
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, maintaining a 100% favorable outcome rate for these matters. Our attorneys work to seek dismissals, charge reductions, and minimized penalties for clients facing DUI charges.
Results may vary. Prior results do not aim for a similar outcome in your 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: 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 New Kent County General District Court (12001 Courthouse Circle, New Kent, VA 23124).
Is a DUI a felony in New Kent County, Virginia?
First/second DUI in New Kent 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 New Kent County General District Court (12001 Courthouse Circle, New Kent, VA 23124).
What happens if I refuse a breathalyzer in New Kent 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 New Kent County General District Court (12001 Courthouse Circle, New Kent, VA 23124).
Can a DUI be reduced in New Kent County, Virginia?
Yes. A DUI in New Kent 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 New Kent County General District Court (12001 Courthouse Circle, New Kent, VA 23124).
What is the timeline for a DUI case in New Kent 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; appeal to Circuit Court: within 10 days of GDC conviction.
Related Legal Resources
For more information, visit our Virginia DUI Lawyer hub page. If you are in a neighboring area, see our pages for Henrico County DUI lawyer and Chesterfield County DUI lawyer. For other legal needs in New Kent County, consider criminal defense or reckless driving defense. Learn more about Bryan Block’s background or our Richmond office location.
Last verified: March 2026. Information is current as of the verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance specific to your situation.