Reviewed and updated October 9, 2026 by the SearchSystems.net editorial team. The arrest counts are the ones each agency reported to the FBI, as the FBI held them on October 8, 2026. The jail figures are from the Vera Institute of Justice's Incarceration Trends data. Every office link was opened and checked against the office's own site between September 23, 2026 and September 24, 2026.
Smyth County, Virginia, has about 29,000 residents (2024 Census Bureau estimate). A DUI arrest in Smyth County starts two cases, a criminal case in the General District Court and a license case before the Department of Motor Vehicles, and leaves three records. This guide follows the arrest from the roadside to the court file and the driving record.
This guide covers the law, the arrest, booking, the court case, the license case, the records and common questions.
Related guides: Smyth County public records, Smyth County arrest records, Smyth County warrants, Smyth County inmate search, Smyth County criminal records, Virginia arrest records and Virginia inmate search.
The DUI Law in Virginia
Drunk driving is charged as DUI in Virginia, at a blood alcohol level of 0.08 or more.
Driving in Virginia is consent to a breath or blood test when an officer has cause to suspect DUI; the license case that follows a refusal or a failed test is run by the Department of Motor Vehicles, separately from the criminal case.
For charging and sentencing, Virginia counts prior offenses within 10 years.
Who Makes DUI Arrests in Smyth County
The Smyth County Sheriff's Office and the agencies that report for Marion, Saltville and Chilhowie make the DUI arrests in Smyth County.
The FBI's agency list also places one more agency in Smyth County: the Smyth County State Police (state police); the Smyth County State Police makes the arrests on the state highways.
Together, the three agencies in Smyth County with all twelve months of 2025 on file reported 1,071 arrests to the FBI that year, all offenses together; the FBI's count for Smyth County does not break DUI out.
Booking After a DUI Arrest in Smyth County
A driver arrested for DUI and kept in custody goes to the county jail, whichever agency made the arrest. The jail, run by the Smyth County Sheriff's Office, held about 190 people on an average day in 2024 by the Vera Institute of Justice's count and has a jail page SearchSystems verified at smythcounty.gov/departments/sheriff/regional_jail.php, phone 276-782-4056. The Smyth County inmate search guide covers the jail in full.
The Court Case
The Commonwealth's Attorney files the charge, and the case is heard in the General District Court.
The Commonwealth's Attorney's page SearchSystems verified is at smythcounty.gov, phone (276) 782-4042.
The court records page SearchSystems verified for the county is at vacourts.gov/courts/gd/smyth/home, phone (276) 782-4047.
Statewide, Online Case Information System is the Virginia courts' free statewide case search.
The License Case
A DUI arrest starts two cases: the criminal one above and an administrative one over the license, run by the Department of Motor Vehicles. The driving record, kept by the Virginia Department of Motor Vehicles, carries the result of both.
The Records a DUI Leaves
- The arrest report: from the agency that made the arrest, under the Virginia Freedom of Information Act.
- The court file: from the General District Court, kept by the Circuit Court Clerk.
- The driving record: from the Virginia Department of Motor Vehicles.
More on each: Smyth County arrest records, Smyth County police reports and Smyth County court records.
Frequently Asked Questions
What is the DUI limit in Virginia?
0.08 percent blood alcohol.
Where is a DUI case from Smyth County heard?
In the General District Court, brought by the Commonwealth's Attorney. The court records page SearchSystems verified for the county is at vacourts.gov/courts/gd/smyth/home.
Where is a person arrested for DUI in Smyth County held?
At the county jail, run by the Smyth County Sheriff's Office, if kept in custody.
Who handles the license after a DUI arrest in Virginia?
The Department of Motor Vehicles, in an administrative case separate from the court case.
How long does a DUI count as a prior in Virginia?
10 years.
Is this the official Smyth County website?
No. SearchSystems.net is an independent public records guide, online since 1997. It links to the official county, court and state offices described above and does not hold records, charge for them or take requests.