DUI / DWI Defense Lawyer in Chesapeake, Virginia
In Chesapeake, a DUI conviction results in mandatory license revocation and enrollment in the Virginia Alcohol Safety Action Program (VASAP).
Virginia DUI/DWI Law in Chesapeake
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. The statute, Va. Code § 18.2-266, applies uniformly across the state, including Chesapeake. Law Offices Of SRIS, P.C., founded in 1997 by a former prosecutor, uses detailed knowledge of these statutes to build defense strategies.
Last verified: March 2026 | Chesapeake General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s DUI laws, refer to the Va. Code § 18.2-266 (official Virginia General Assembly website). The Chesapeake General District Court website provides information on court procedures, locations, and hours.
Chesapeake DUI Court Process
Chesapeake General District Court hears first and second DUI charges. A third DUI within 10 years becomes a Class 6 felony heard in Chesapeake Circuit Court. Virginia’s implied consent law means refusing a breath or blood test after arrest results in a separate administrative license suspension.
- Arraignment: You must appear in Chesapeake General District Court within 48 hours of arrest or as directed by your summons.
- Trial Preparation: Your trial in General District Court is typically scheduled 30 to 90 days after arraignment.
- VASAP Enrollment: If convicted, you must enroll in the Virginia Alcohol Safety Action Program within 15 days.
- Restricted License: You can apply for a restricted license immediately, which usually requires an ignition interlock device for at least 6 months if your BAC was 0.15 or higher.
- Appeal: You have 10 days to appeal a General District Court conviction to the Chesapeake Circuit Court.
DUI Penalties in Chesapeake, Virginia
In Chesapeake, a DUI carries penalties ranging from a Class 1 misdemeanor with fines and license suspension for a first offense, to a Class 6 felony with mandatory jail time for a third offense within 10 years.
| 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 | Mandatory VASAP, IID required |
| First DUI (BAC 0.20+) | Class 1 Misdemeanor | Mandatory 10 days | $250 minimum | 12-month revocation | Mandatory VASAP, IID required |
| Second DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days | $500 minimum | 3-year revocation | Mandatory VASAP |
| Third DUI (within 10 years) | Class 6 Felony | Mandatory 90 days | $1,000 minimum | Indefinite revocation | Mandatory VASAP |
Results may vary. The penalties listed are based on Virginia statutes and typical court practices in Chesapeake. Actual outcomes depend on the specific facts of your case.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have over 120 years of combined legal experience. We have achieved 4,739+ case results firm-wide with a 93%+ favorable outcome rate. Our approach is case-specific, built on a deep understanding of local court procedures.
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 Chesapeake
Law Offices Of SRIS, P.C. has 6 total documented case results across all practice areas in Chesapeake, with a 100% favorable outcome rate for these matters. These results include dismissals, reductions, and favorable settlements.
Results may vary. Prior results do not aim for a similar outcome in your case.
Local DUI Defense in Chesapeake
Our Richmond location serves clients at the Chesapeake courts. We are accessible via I-64, I-464, and Route 168. As a DUI lawyer near Chesapeake City Hall and the Greenbrier area, we provide representation for residents of Chesapeake, Deep Creek, Great Bridge, and Greenbrier.
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 Chesapeake, Virginia?
First DUI in Chesapeake: 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 Chesapeake General District Court (307 Albemarle Drive, Chesapeake, VA 23322).
Is a DUI a felony in Chesapeake, Virginia?
First/second DUI in Chesapeake 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 Chesapeake General District Court (307 Albemarle Drive, Chesapeake, VA 23322).
What happens if I refuse a breathalyzer in Chesapeake, 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 Chesapeake General District Court (307 Albemarle Drive, Chesapeake, VA 23322).
Can a DUI be reduced in Chesapeake, Virginia?
Yes. A DUI in Chesapeake 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 Chesapeake General District Court (307 Albemarle Drive, Chesapeake, VA 23322).
How long does a DUI case take in Chesapeake General District Court?
A DUI case in Chesapeake typically follows this timeline: arraignment within 48 hours of arrest, trial in General District Court 30-90 days later. If convicted, VASAP enrollment is required within 15 days. An appeal to Circuit Court must be filed within 10 days of conviction.
Related Legal Services
For more information on DUI defense across Virginia, visit our Virginia DUI/DWI lawyer hub page. If you are facing charges in nearby areas, consider our Henrico County DUI lawyer or Chesterfield County DUI lawyer pages. For other legal needs in Chesapeake, see our Chesapeake criminal defense lawyer or Chesapeake reckless driving lawyer services. Learn more about attorney Bryan Block.
Last verified: March 2026. Information current as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.