DUI / DWI Defense Lawyer in Fauquier County, Virginia
Virginia DUI/DWI Law in Fauquier County
Virginia law defines DUI/DWI as driving with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol or drugs (Va. Code § 18.2-266). The statute applies uniformly across the state, including Fauquier County. Penalties increase based on prior offenses and BAC level.
Last verified: March 2026 | Fauquier County General District Court | Virginia General Assembly
Official Legal Resources
Fauquier County DUI Court Process
Fauquier County General District Court hears first and second DUI offenses. Third offenses within 10 years are Class 6 felonies heard in Fauquier County Circuit Court. Virginia’s implied consent law means refusing a breath test after arrest triggers a separate administrative license suspension.
- Contact an attorney immediately after arrest.
- Attend your arraignment at the courthouse on 6 Court Street.
- Your attorney will obtain and review all evidence.
- Evaluate options: motion to suppress, plea negotiation, or trial.
- Attend your trial or hearing before the judge.
DUI Penalties in Fauquier County
In Fauquier County, DUI carries penalties from fines and license suspension to mandatory jail time, depending on the offense number and BAC level.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First DUI (BAC <0.15) | Class 1 Misdemeanor | Up to 12 months | $250 min | 12-month revocation | Mandatory VASAP |
| First DUI (BAC 0.15-0.20) | Class 1 Misdemeanor | 5 days mandatory min | $250 min | 12-month revocation | VASAP, ignition interlock |
| First DUI (BAC 0.20+) | Class 1 Misdemeanor | 10 days mandatory min | $250 min | 12-month revocation | VASAP, ignition interlock |
| Second DUI (within 5 years) | Class 1 Misdemeanor | 20 days mandatory min | $500 min | 3-year revocation | VASAP, ignition interlock |
| Third DUI (within 10 years) | Class 6 Felony | 90 days mandatory min | $1,000 min | Indefinite revocation | VASAP, vehicle forfeiture possible |
Results may vary. The penalties listed are statutory maximums and minimums; actual case outcomes depend on specific facts and court discretion.
Our Experience in Fauquier County
Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. Our attorneys have over 120 years of combined legal experience. We have handled 2 documented DUI cases in Fauquier County. Our approach uses detailed case analysis and strategic defense planning.
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
Law Offices Of SRIS, P.C. has 2 documented DUI/DWI results in Fauquier County. Our firm-wide track record includes 4,739+ case results across Virginia, Maryland, New Jersey, New York, and Washington DC with a favorable outcome rate of 93%+.
Results may vary. Prior results do not aim for a similar outcome.
Local DUI Defense in Fauquier County
Our Fairfax location serves clients at Fauquier County courts. We are a DUI lawyer near Warrenton and the surrounding communities. We provide 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Phone: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
We serve Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
Frequently Asked Questions
What is the penalty for a first DUI in Fauquier County, Virginia?
First DUI in Fauquier County is a Class 1 misdemeanor under Va. Code § 18.2-270 — 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.
Is a DUI a felony in Fauquier County, Virginia?
First/second DUI is a Class 1 misdemeanor. Third DUI within 10 years is a Class 6 felony under Va. Code § 18.2-270 — 1-5 years prison, mandatory 90 days jail, indefinite license revocation.
What happens if I refuse a breathalyzer in Fauquier 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.
Can a DUI be reduced in Fauquier County, Virginia?
Yes. A DUI 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.
What is the timeline for a DUI case in Fauquier County?
Arraignment within 48 hours of arrest. GDC trial 30-90 days from arraignment. VASAP enrollment required within 15 days of conviction. Appeal to Circuit Court within 10 days of GDC conviction.
Related Legal Services
Last verified: March 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.