Top Rated Franklin County VA DUI / DWI Lawyers • 1500+ Reviews

Best Law Firm 2024 Riley Wells Attorneys at Law - Traffic Ticket, Reckless Driving, Speeding, and Virginia Criminal Defense LawyerRiley & Wells Attorneys-At-Law is a Franklin County VA law firm that specializes in defending clients accused of driving while intoxicated or under the influence of alcohol or drugs. Our top Franklin County VA DUI / DWI lawyers possess over 60 years of combined Virginia DUI / DWI law experience and are routinely recognized for legal excellence and high ethical standards. We are a recognized “Best Law Firm” according to U.S. News & World Report. We represent clients before the Franklin County Courts charged with DUI / DWI. Our attorneys have an established reputation for effectively representing clients accused of drunk driving. We have been positively reviewed more times than any other firm that defends Franklin County VA DUI / DWI cases.

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Experienced Franklin County VA DUI / DWI Attorney Best Defense

Experienced Franklin County VA DUI / DWI Attorney Best DefenseDriving Under the Influence (DUI) or Driving While Intoxicated (DWI) is a criminal offense that occurs when a person operates a motor vehicle while intoxicated with alcohol or drugs. A Franklin County VA DUI / DWI arrest can be a devastating and embarrassing event. You need a non-judgmental advocate to give you straightforward legal advice about protecting your rights and interests before the Franklin County Courts and presenting your best defense. You need an experienced Franklin County DUI / DWI lawyer. Our top rated Franklin County VA DUI / DWI Lawyers are dedicated to representing the best interests of clients. We use every resource the law allows to best protect our client. NOTE: An arrest is NOT a conviction.

Elite Franklin County VA DUI / DWI Attorney Client Review

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Driving Under The Influence Franklin County VA Defense Specialists

Driving Under The Influence Franklin County VA Defense SpecialistsOur Franklin County DUI / DWI defense lawyers are members of various prominent national organizations such as the National College for DUI Defense and the National Advocacy for DUI Defense. It is our experience that clients with a Franklin County DUI / DWI case benefit when their lawyer specializes. We understand that an arrest for drunk driving in Franklin County VA can be embarrassing and devastating. Our role is to assist you with successfully navigating an often difficult landscape, not lecture you about decisions you made leading up to the arrest. The simple fact is you are in trouble with the law and need a non-judgmental advocate to give you straight forward legal advice and quality representation.

Free Consultation DUI / DWI Lawyer Franklin County VA

Free Consultation DUI / DWI Lawyer Franklin County VAIt can be difficult to find the right Franklin County VA DUI / DWI lawyer. There are many things that you should consider before you retain a Franklin County DUI / DWI defense attorney. Does the lawyer represent clients charged with DUI / DWI before the Franklin County VA Courts? Engaging a Franklin County DUI / DWI lawyer who is not familiar with the Judge who will decide your fate is usually not a wise choice. Evaluate the lawyer’s DUI / DWI legal knowledge and expertise along with reputation and accomplishments. Now is not the time to find out if your lawyer is up to the challenge. We offer a free consultation to demonstrate that we can present your best defense.

Effective Franklin County VA DUI / DWI Lawyer

Effective Franklin County VA DUI / DWI LawyerVirginia DUI law is complex. And the penalties can be harsh. In fact, Virginia has some of the strictest DUI laws in the country according to a study by WalletHub.  If you have been arrested for DUI / DWI in Franklin County VA, then you need to retain the best Franklin County Virginia DUI / DWI lawyer possible. Our attorneys are specially trained and possess extensive experience. We can help!

Franklin County DUI / DWI Breath Testing

Franklin County VA DUI Breath TestVa. Code Section 18.2-266 criminalizes the operation of a motor vehicle in Franklin County if a chemical test proves the driver possesses a blood alcohol concentration of 0.08 percent or more at the time of driving. It is also a violation of the Franklin County DUI / DWI law for a motorist to operate a motor vehicle under the influence of illegal drugs or prescription medication. Breath Test evidence is significant to the prosecution’s DUI / DWI case but it is not required. In some cases, there is no blood test or breath test evidence. Allow us to review your case!

Franklin County DUI / DWI Investigation Field Sobriety Testing

Franklin County DUI / DWI Investigation Field Sobriety TestingIf the Franklin County Sheriff, State Police or other local law enforcement officer stops a motorist for a traffic violation and suspects that the motorist may be intoxicated, then the police officer will transition the traffic stop into a DUI / DWI investigation. Every motorist who becomes the target of a Franklin County DUI / DWI investigation will typically be asked to perform field sobriety exercises. These exercises or tests are completely VOLUNTARY.  A motorist is never required to perform any field sobriety exercise. NOTE: There is almost no scenario where a motorist should perform these tests

Elite Franklin County DUI / DWI Attorneys by Virginia Super Lawyers

Super Lawyers for Virginia Criminal Law and Traffic DefenseSuper Lawyers is a rating service of outstanding attorneys from over 70 practice areas including DUI / DWI who have attained the highest degree of peer recognition and professional achievement. This organization recognizes the top lawyers nationwide across a variety of practice areas and firm sizes using a patented process of independent research and peer input. Our Franklin County VA DUI / DWI  lawyers have been recognized by this publication since 2009. No more than five percent of the lawyers are named to this list and no more than 2.5 percent are named to the Rising Stars list. This recognition is merit based. Retain a top rated Franklin County DUI / DWI attorney who has been recognized with this award.

Drunk Driving is Aggressively Enforced in Franklin County

Drunk Driving is Aggressively Enforced in Franklin CountyThe drunk driving laws are aggressively enforced by Franklin County law enforcement officers and State Troopers. These state troopers and Franklin County officers patrol Route 220, Route 122, Route 116 & Route 40 as well as the entire county to include Boones Mill, Rocky Mount, Ferrum, Henry Fork, North Shore, Penhook, Union Hall & Westlake Corner. All these law enforcement agencies are on patrol for drunk driving offenders. These law enforcement agencies will frequently hold sobriety checkpoints and typically use the same protocol to investigate a Franklin County DUI / DWI case, which will often include attempts to gather evidence from field sobriety testing and breath testing.

Driving Under the Influence of Alcohol Penalties in Franklin County

  • Possible incarceration
  • Ignition Interlock
  • Suspension or Revocation of Driving Privileges
  • Expensive fines
  • Probation
  • DUI education courses such as VASAP
  • Significant cost increases to or loss of automobile insurance
  • Loss of employment or employment opportunities

Franklin County DUI / DWI Lawyer Defenses to Drunk Driving Cases

Franklin County DUI / DWI Lawyer Defenses to Drunk Driving CasesFranklin County DUI / DWI cases are complex. A successful defense will depend on the specific circumstances of your case. We will investigate your case and look for every possible defense. It is important to remember that each Franklin County DUI / DWI case is unique. The strength of the defense will depend on the evidence. Our experienced Franklin County VA DUI / DWI attorneys will assess your case, identify the best defense strategies, and help you navigate the legal process. If you are facing a drunk driving charge, it is strongly recommended that you seek legal counsel from a top rated Franklin County DUI  / DWI lawyer to protect your rights and build a strong defense. Some defenses may include the following:

  1. Challenging the Stop: Did the Franklin County Sheriff or State Police have a valid reason to stop your vehicle? If the initial traffic stop was unlawful, it may be possible to challenge the entire case.
  2. Lack of Probable Cause: To make an arrest, Franklin County Police and State Troopers must have probable cause to believe you were driving under the influence or driving while intoxicated.
  3. Errors in Field Sobriety Tests: Field sobriety tests administered by Franklin County VA authorities, such as the walk-and-turn, one-leg stand or horizontal gaze nystagmus are often used to assess impairment. These tests can be subjective and prone to errors.
  4. Problems with Breathalyzer Tests: Breathalyzer results conducted at the Jail can be influenced by various factors, and the device must be properly calibrated and maintained.
  5. Rising BAC: If your BAC was rising at the time of your arrest in Franklin County VA, you may be able to argue that you were not above the legal limit while driving, even if you tested over the limit later at the police station.
  6. Medical Conditions: Certain medical conditions or medications can affect a person’s ability to perform field sobriety tests or can cause false positives on breath tests.
  7. Necessity Defense: In rare cases, a necessity defense can be employed if you can show that driving under the influence was the only reasonable option to prevent a more significant harm.

Superb Avvo Rated Franklin County DUI / DWI Lawyer

Superb Avvo Rated Franklin County DUI / DWI LawyerLegal ratings help those accused of a Franklin County DUI / DWI find the best Franklin County VA DUI / DWI lawyer. Avvo is a respected organization that can assist those individuals. Avvo is a legal directory that rates attorneys using a mathematical model on a scale of 1 (Extreme  Caution) to 10 (Superb). Members of our Franklin County VA DUI / DWI practice maintain a 10.0 Superb Avvo rating. Avvo collects relevant information from state bar associations, other organizations that license legal professionals and thousands of consumers to calculate its rating. The same set of standards is used on all who are evaluated. The Avvo rating is merit based. You cannot pay to improve your Avvo rating.

Franklin County DUI / DWI Sobriety Checkpoint Defense Attorney

Franklin County DUI / DWI Sobriety Checkpoint Defense AttorneyFranklin County police will sometimes use a DUI / DWI checkpoint to apprehend intoxicated drivers. The police also catch drivers violating other criminal & traffic laws at sobriety checkpoints. These roadblocks are temporary and are supposed to be random. This Franklin County law enforcement procedure permits the police to lawfully stop a vehicle and ask for driver’s license and vehicle registration. In reality, the police are often looking for signs of alcohol or drug impairment. The checkpoints have to be set up according to specific procedures and must be properly supervised. If you have been arrested at a Franklin County DUI / DWI sobriety checkpoint, then you need a top rated Franklin County DUI / DWI lawyer.

Virginia Implied Consent Law for Franklin County DUI / DWI Cases

Virginia Implied Consent Law for Franklin County DUI / DWI CasesVirginia like most states has an implied consent law. This means that by driving a vehicle on a Franklin County highway, you have impliedly consented to a chemical test to determine your blood alcohol content (BAC) if there is probable cause evidence that you operated a motor vehicle on the Franklin County highway while intoxicated. The motorist does not get to choose between a blood or breath test. Unreasonable refusal of a breath or blood test can result in an additional charge that carries a driver’s license suspension if convicted. In some cases, the Franklin County law enforcement officer will obtain a search warrant for blood if a driver refuses to take a chemical test.

Franklin County Underage Baby DUI / DWI • Driving After Illegally Drinking

Franklin County Underage Baby DUI / DWI • Driving After Illegally DrinkingPersons under age 21 driving on a Franklin County highway after illegally consuming alcohol is a criminal misdemeanor offense. This offense is often referred to as a “Baby DUI.” Such persons may not operate a motor vehicle on a Franklin County road with a blood alcohol concentration (BAC) of 0.02 or more as indicated by a chemical test. This is not a drunk driving offense. The Franklin County prosecutor is not required to prove intoxication. The main distinction between this offense and a DUI / DWI is that a chemical test is required. Franklin County DUI / DWI cases can be proved even with no chemical test if other evidence proves intoxication.

VASAP Required if Convicted of Drunk Driving in Franklin County

VASAP Required if Convicted of Drunk Driving in Franklin CountyVASAP is short for Virginia Alcohol Safety Action Program. Court Community Corrections ASAP in Roanoke services Franklin County. VASAP is a state program designed to address issues related to alcohol and substance abuse. If you are convicted of a Franklin County DUI / DWI, then the Franklin County Judge will order that you enroll in the VASAP program for assessment, education, and treatment services if necessary. Individuals with more serious alcohol or substance abuse problems may be directed to substance abuse treatment programs. Participants will likely be required to submit to random drug and alcohol testing. VASAP also monitors Ignition Interlock devices. Such orders can be transferred from Franklin County to another location if you are not from the area.

Ignition Interlock for Franklin County VA DUI / DWI Cases

Ignition Interlock for Franklin County VA DUI / DWI CasesAn ignition interlock device is a breathalyzer-like device that is installed onto the ignition of a vehicle to prevent operation of the vehicle after consumed of alcohol. The driver must pass a breath alcohol test before the ignition interlock vehicle will start. If the driver’s breath sample registers a blood alcohol concentration (BAC) above a predetermined limit, the vehicle will not start. There are also random rolling retests while driving to ensure that no alcohol has been consumed since starting the vehicle. Franklin County ignition interlock violations are criminal offenses that can carry stiff penalties. In rare cases, an ignition interlock device is not a required penalty if convicted of a Franklin County DUI / DWI.

Franklin County Virginia DUI Penalties (⇓DMV DUI Brochure⇓)

Conviction for Franklin County DUI first offense  Mandatory, minimum $250 fine  Driver’s license revocation for one year Conviction for Franklin County DUI second offense  Mandatory, minimum $500 fine  Driver’s license revocation for three years  Possible jail term up to one year Conviction for Franklin County DUI second offense within ten years of prior offense carries the following additional penalty  Mandatory, minimum ten-day jail term Conviction for DUI second offense within five years of prior offense carries the following additional penalty  Mandatory, minimum 20-day jail term Three DUI convictions within a ten-year period  Mandatory, indefinite driver’s license revocation  If your driving privilege is revoked for a first or second DUI offense conviction and you receive another DUI, the license revocation period will run consecutively with the existing revocation period. Conviction for Franklin County DUI third offense or DWI felony  Mandatory, minimum $1,000 fine  Mandatory indefinite driver’s license revocation  Prosecution as a Class 6 felony Conviction for DUI third offense within five years carries the following additional penalty  Mandatory, minimum six-month jail term Conviction for DUI third offense within ten years carries the following additional penalty  Mandatory, minimum 90-day jail term  Permanent forfeiture of your vehicle (if you are the sole owner) Conviction for Franklin County DUI fourth or subsequent offense  Mandatory, minimum one-year jail term BAC of 0.15% and not higher than 0.20% at the time of arrest  First offense carries a mandatory, minimum five-day jail term in addition to all other penalties  Second offense within ten years carries a mandatory, minimum ten-day jail term in addition to all other penalties BAC of 0.20% or higher at the time of arrest  First offense carries a mandatory, minimum ten-day jail term in addition to all other penalties

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2/22/2025

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