DUI / DWI Defense Lawyer in Fauquier County, Virginia
A DUI in Fauquier 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. Law Offices Of SRIS, P.C. has 2 documented results in Fauquier County. Our DUI lawyer Fauquier County team provides a strong defense at the Fauquier County General District Court.
Virginia DUI Law and Penalties
In Virginia, driving under the influence (DUI) is defined by Va. Code § 18.2-266. You can be charged if you operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while under the influence of alcohol, drugs, or a combination to a degree that impairs your ability to drive safely. The law applies equally to prescription and illegal substances.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm brings extensive experience to every DUI case. We understand the severe consequences a conviction can have on your driving privileges, employment, and personal life.
Official Legal Resources
For the full text of Virginia’s DUI statutes, visit the Virginia General Assembly website (Va. Code § 18.2-266). Court information, including forms and procedures for Fauquier County, can be found on the Fauquier County General District Court official website.
Fauquier County DUI Court Process
Your DUI case in Fauquier County will begin at the General District Court at 6 Court Street in Warrenton. Prosecutors here routinely seek the mandatory minimum penalties for high BAC cases. A key local procedural fact is that refusing a breath or blood test after arrest triggers a separate 12-month administrative license suspension under Virginia’s implied consent law, which runs also to any DUI penalties.
- Receive your summons with a court date for Fauquier County General District Court.
- Consult with a DUI lawyer Fauquier County to review the police report and breath test results.
- Appear at your arraignment to enter a plea; your attorney may file pre-trial motions.
- Prepare for and attend your trial, where your lawyer will challenge the stop, testing, and procedures.
- If convicted, your attorney can help you apply for a restricted license and enroll in VASAP.
- Evaluate the option to appeal a conviction to the Fauquier County Circuit Court within 10 days.
Potential Penalties for a DUI in Fauquier County
In Fauquier County, a first-offense DUI carries up to 12 months in jail, a minimum $250 fine, a 12-month license revocation, and mandatory enrollment in VASAP.
| 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 for 6 months |
| First DUI (BAC 0.20+) | Class 1 Misdemeanor | Mandatory 10 days | $250 – $2,500 | 12-month revocation | VASAP; Ignition Interlock for 6 months |
| 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 | $1,000 – $2,500 | Indefinite revocation | VASAP; Potential vehicle forfeiture |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in DUI Defense
Law Offices Of SRIS, P.C. was founded in 1997 and our attorneys have over 120 years of combined legal experience. We have handled 4,739+ cases with a 93%+ favorable outcome rate firm-wide. Our approach is built on a deep understanding of Virginia DUI law and local court procedures.
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
In Fauquier County, we have 2 documented DUI case results. These include outcomes where clients received suspended fines and jail sentences, with authorization for a restricted license. Firm-wide, our drunk driving defense lawyer Fauquier County team has secured numerous dismissals, reductions to reckless driving, and favorable plea agreements.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Fauquier County DUI Defense Team
Our Fairfax location serves clients at the Fauquier County courts. We are a DUI lawyer near Warrenton, serving communities including New Baltimore, Bealeton, Marshall, and The Plains.
Availability: 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Fauquier County DUI Lawyer FAQ
What is the penalty for a first DUI in Fauquier County, Virginia?
First DUI in Fauquier County is a Class 1 misdemeanor with up to 12 months jail, a $250 minimum fine, 12-month license revocation, and mandatory VASAP. A BAC of 0.15-0.20 adds a mandatory 5 days in jail; 0.20+ adds 10 days. Total costs often reach $5,000-$10,000+.
Is a DUI a felony in Fauquier County, Virginia?
No, a first or second DUI is a Class 1 misdemeanor. A third DUI within 10 years is a Class 6 felony, carrying 1-5 years in prison with a mandatory 90-day jail minimum and indefinite license revocation. Felony charges are heard in Fauquier County Circuit Court.
What happens if I refuse a breathalyzer in Fauquier County, Virginia?
Under Va. Code § 18.2-268.3, a first refusal triggers a 12-month administrative license suspension with no eligibility for a restricted license. A second refusal is a 3-year suspension plus a separate Class 1 misdemeanor charge. These penalties are also to any DUI penalties if convicted.
Can a DUI be reduced in Fauquier County, Virginia?
It depends. A DUI can potentially be reduced to reckless driving, which avoids mandatory license revocation and VASAP. Success depends on the strength of the evidence. Defense strategies include challenging the legality of the traffic stop, the administration of field sobriety tests, and the calibration of breath test equipment.
For more information, see our Virginia DUI Lawyer hub page. We also assist clients in nearby jurisdictions like Fairfax County and Prince William County. If you are facing other charges, our firm provides criminal defense and reckless driving defense in Fauquier County.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.