DUI / DWI Defense Lawyer in Fauquier County, Virginia
Fauquier County DUI is a Class 1 misdemeanor under Va. Code § 18.2-266 carrying up to 12 months in jail, $250 minimum fine, and 12-month license revocation; Law Offices Of SRIS, P.C. has 2 documented results in Fauquier County. A former Virginia State Trooper with 15 years of enforcement experience leads our defense team, providing case-specific insight into police procedures and evidence challenges.
In Fauquier County, a first DUI conviction requires mandatory enrollment in VASAP (Virginia Alcohol Safety Action Program) and carries increased penalties if your BAC is 0.15 or higher.
Virginia DUI/DWI Law in Fauquier County
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 to a degree that renders you unsafe (Va. Code § 18.2-266). The statute applies uniformly across Virginia, including Fauquier County roads like Route 29, I-66, and Route 17.
Last verified: March 2026 | Fauquier County General District Court | Virginia General Assembly
Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. Our firm combines over 120 years of legal experience with direct knowledge of how the Commonwealth builds DUI cases.
Official Legal Resources
- Va. Code § 18.2-266 (official Virginia General Assembly) – The statute defining DUI/DWI.
- Fauquier County General District Court website – Court information, forms, and contact details.
Fauquier County DUI Court Process
Your DUI case begins at the Fauquier County General District Court at 6 Court Street in Warrenton. The court hears first and second offense DUIs; a third offense within 10 years becomes a Class 6 felony heard in Fauquier County Circuit Court.
- Arraignment within 48 hours: Appear at Fauquier County GDC for arraignment within 48 hours of arrest or as directed on your summons.
- Request discovery and review evidence: Your attorney will request all evidence from the Commonwealth’s Attorney, including police reports, breath test results, and dash/body cam footage.
- Evaluate defense options: Based on evidence review, your attorney will identify potential defenses: challenging the traffic stop, field sobriety test administration, or breath test calibration.
- Prepare for trial or negotiate: If the case proceeds to trial in Fauquier County GDC, your attorney will prepare witnesses and cross-examination. Alternatively, negotiate for reduction to reckless driving.
- Address license suspension: If convicted, enroll in VASAP within 15 days. For a restricted license, install an ignition interlock device and file an application with DMV.
DUI Penalties in Fauquier County
In Fauquier County, DUI carries penalties ranging from a Class 1 misdemeanor with up to 12 months jail for a first offense, to a Class 6 felony with 1-5 years prison for a third offense within 10 years.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First DUI | Class 1 Misdemeanor | Up to 12 months (5 days mandatory if BAC 0.15-0.20; 10 days if BAC 0.20+) | $250 minimum | 12-month revocation | Mandatory VASAP, ignition interlock for restricted license |
| Second DUI (within 5 years) | Class 1 Misdemeanor | Mandatory 20 days jail | $500 minimum | 3-year revocation | Mandatory VASAP, ignition interlock |
| Third DUI (within 10 years) | Class 6 Felony | Mandatory 90 days jail, 1-5 years prison | $1,000 minimum | Indefinite revocation | Mandatory VASAP, vehicle forfeiture possible |
| Refusal (First) | Civil Offense | N/A | N/A | 12-month administrative suspension | No restricted license available |
Results may vary. Case outcomes depend on specific facts, evidence, and court discretion.
Filing fees and costs: VASAP enrollment ~$300; restricted license application $40 at DMV; ignition interlock installation ~$100 plus $70-$100/month maintenance; court costs ~$62; towing/impound fees $150-$500+.
Our Experience in Fauquier County
Law Offices Of SRIS, P.C. was founded in 1997. Our firm combines over 120 years of legal experience. We maintain a focus on full representation in DUI defense. Our team includes a former Virginia State Trooper who provides direct insight into traffic stop procedures and evidence collection standards used in Fauquier County.
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 Fauquier County
Law Offices Of SRIS, P.C. has 2 documented DUI/DWI results in Fauquier County. Our firm-wide track record across Virginia, Maryland, New Jersey, New York, and DC includes 4,739+ case results with a 93%+ favorable outcome rate.
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 (6 Court Street, Warrenton). The office is accessible via I-66, Route 29, and Route 17. We are a DUI lawyer near Warrenton and serve the communities of New Baltimore, Bealeton, Marshall, and The Plains.
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.
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 court handles DUI cases in Fauquier County?
Fauquier County General District Court at 6 Court Street, Warrenton, VA 20186 hears first and second DUI charges. Third DUI within 10 years is a Class 6 felony heard in Fauquier County Circuit Court.
Related Legal Services
- Virginia DUI Lawyer – Statewide hub page.
- Fairfax County DUI Lawyer – Defense in neighboring jurisdiction.
- Fauquier County Criminal Defense Lawyer – Related practice area.
- Attorney Kristen Fisher Profile – Co-counsel experience.
- Our Fairfax Office – Location details and contact.
Last verified: March 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.