Top Rated New Kent County VA DUI / DWI Lawyers • 1500+ Reviews
Riley & Wells Attorneys-At-Law is a New Kent County law firm that specializes in defending clients accused of driving while intoxicated or under the influence of alcohol or drugs. Our top New Kent 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 New Kent 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 New Kent County VA DUI / DWI cases.
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Experienced New Kent County VA DUI / DWI Attorney Best Defense
Driving 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 New Kent 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 New Kent County Courts and presenting your best defense. You need an experienced New Kent DUI / DWI lawyer. Our top rated New Kent 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.
Riley & Wells Attorneys-At-Law New Kent County VA Client Review
New Kent County Drunk Driving Defense Attorney • Specialized Training
Virginia DUI / DWI law is a specialized area of criminal law. Exercise caution before you engage a New Kent DUI / DWI lawyer for representation that lacks the proper training and experience. Our role is to assist you with navigating a difficult landscape and to present your best DUI / DWI defense. Our New Kent County VA DUI / DWI defense lawyers are sustaining members of prominent DUI / DWI organizations such as the National College for DUI Defense. We are top rated New Kent County VA DUI / DWI lawyers that clients who are serious about their freedom and future want to represent them. We use every legal resource and consider guilty pleas only when they are in the client’s best interest.
Free New Kent DUI / DWI Consultation with Most Rated Lawyers
It can be difficult to find the right New Kent County VA DUI / DWI lawyer. There are many things that you should consider before you retain a New Kent DUI / DWI defense attorney. Does the lawyer represent clients charged with DUI / DWI before the New Kent County VA Courts? Engaging a New Kent 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 DUI / DWI Lawyer in New Kent County VA
We understand a New Kent DUI / DWI arrest is a freighting experience. Not knowing what will happen can be stressful. The Virginia DUI / DWI 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. Navigating this type of case alone in the Hanover Courts is not realistic. You need representation. If you have been arrested for DUI / DWI in New Kent County, then you need to retain the best New Kent County DUI / DWI lawyer possible. Our attorneys are specially trained and possess extensive experience. There may be defenses to your case even if you think you are guilty.
Elite New Kent County DUI / DWI Attorneys by Virginia Super Lawyers
Super 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 New Kent 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 New Kent County DUI / DWI attorney who has been recognized with this award.
Breath Testing in New Kent County VA DUI / DWI Cases
Virginia DUI / DWI law according to Va. Code Section 18.2-266 criminalizes the operation of a motor vehicle in New Kent 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 to operate a motor vehicle in New Kent County VA under the influence of illegal drugs or prescription medication or any combination of drugs and alcohol. Breath Test evidence is significant to the New Kent County Commonwealth Attorney’s DUI / DWI case but it is not required. Sometimes a chemical test result of 0.08 or more does not automatically mean you will be convicted of your New Kent DUI / DWI case.
New Kent County VA DUI / DWI Investigation Field Sobriety Testing
If a New Kent County Deputy Sheriff or State Trooper 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 New Kent County DUI / DWI investigation will typically be asked to perform field sobriety exercises. The police officer will ask the motorist to perform these exercises that makes the motorist think performance is mandatory. The leading tests include the Horizontal Gaze Nystagmus, the One Leg State and the 9 Step Walk and Turn. 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
Drunk Driving is Aggressively Enforced in New Kent County VA
The drunk driving laws are aggressively enforced by the New Kent Sheriff’s Office and State Troopers. State Troopers usually patrol Interstate 64. The Sheriff’s Office typically patrols the rest of the county to include Route 60/Pocahontas Trail, Route 33/Eltham Road, New Kent Highway (Routes 249 & 30) & Route 155/N. Courthouse Road. Both agencies will frequently hold sobriety checkpoints and typically use the same protocol to investigate a DUI / DWI case, which will often include field sobriety testing and breath testing. Checkpoints are permitted if a certain specific set of criteria is followed. The roadblock plan and implementation must be supervised by senior officers of the police department. Roadblocks are often set up in the Bottoms Bridge, Providence Forge & Lanexa parts of the county.
Virginia DUI / DWI Penalties
A DUI conviction can have a significant, far-reaching impact on your life. Penalties for a DUI conviction are substantial and often include the following:
- Possible incarceration
- Ignition Interlock
- Suspension or Revocation of Driving Privileges
- Expensive fines
- Probation
- DUI education courses
- Significant cost increases to or loss of automobile insurance
New Kent DUI /DWI Lawyer Defenses to Drunk Driving Cases
New Kent DUI / DWI cases are complex. The success of the 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 New Kent County DUI / DWI case is unique. The strength of the defense will depend on the evidence. Our experienced New Kent 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 New Kent DUI /DWI charge, it is strongly recommended that you seek legal counsel from a top rated lawyer to protect your rights and build a strong defense. Some defenses may include the following:
- Challenging the Stop: Did the New Kent County Deputy Sheriff or State Trooper have a valid reason to stop your vehicle? If the initial traffic stop was unlawful, it may be possible to challenge the entire case.
- Lack of Probable Cause: To make an arrest, New Kent Deputy Sheriff’s and State Troopers must have probable cause to believe you were driving under the influence or driving while intoxicated.
- Errors in Field Sobriety Tests: Field sobriety tests administered by New Kent 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.
- 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.
- Rising BAC: If your BAC was rising at the time of your arrest in New Kent 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.
- 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.
- 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.
New Kent DUI Amended to Reckless Driving By Judge
New Kent County DUI AMENDED to Reckless Driving
Our New Kent County DUI / DWI Lawyers represented a client arrested for DUI in New Kent County, VA. There was probable cause for the arrest, but the client did not provide a breath sample. This triggered an additional allegation of refusal, but the lack of blood alcohol evidence limited the Commonwealth’s evidence for the DUI / DWI case. The client had no defense to the refusal allegation but did have defenses to the DUI / DWI allegation. In the end, we argued that there was a lack of evidence to prove legal intoxication. The Judge agreed and reduced the case to reckless driving. No DUI / DWI conviction and no DUI / DWI penalties.
New Kent Driving Under Influence 0.13 BAC REDUCED
New Kent VA DUI REDUCED
Our New Kent VA DUI Attorneys represented a client who was arrested for drunk driving and reckless driving, speeding more than 20 mph over the speed limit. The State Trooper initially pulled over our client for driving 74 miles per hour in a 45 mph speed zone. The Trooper executed a traffic stop, conducted a DUI / DWI investigation, and later arrested our client for DUI / DWI. The Trooper later conducted a breath test, and the Certificate of Analysis revealed a breath test result of 0.13 BAC. We presented various mitigating evidence and arguments that persuaded the Court and the prosecution to drop the DUI / DWI and the speeding case. Our client was relieved by avoiding a DUI / DWI conviction.
Superb Avvo Rated New Kent County VA DUI / DWI Lawyers
Legal ratings help those accused of DUI / DWI find the best New Kent County DUI / DWI lawyer. Avvo is a respected organization that can assist those individuals. From the Italian word for lawyer: “avvocato,” 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 New Kent 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.
New Kent County DUI / DWI Sobriety Checkpoint Defense Attorney
The New Kent County Sheriff’s Office will sometimes use a DUI / DWI checkpoint to apprehend intoxicated drivers. The use of these sobriety checkpoints will also catch drivers who may be violating some other traffic law. Roadblocks are temporary and are supposed to be random. This law enforcement procedure permits the police to lawfully stop a vehicle and ask for driver’s license and vehicle registration. In reality, law enforcement is really 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 New Kent DUI / DWI sobriety checkpoint, then you need a top New Kent County VA DUI / DWI lawyer.
Virginia Implied Consent Law for New Kent DUI / DWI Cases
Virginia like most states has an implied consent law. This means that by driving on New Kent County roads, 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 a state highway or New Kent County road 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 New Kent County Deputy Sheriff will obtain a search warrant for blood if a driver refuses to take a chemical test.
New Kent Baby DUI / DWI • Driving After Illegally Consuming Alcohol
Driving after illegally consuming alcohol for those under age 21 is a criminal misdemeanor offense in Virginia. This offense is sometimes called a “Baby DUI.” Such persons may not operate a motor vehicle with a blood alcohol concentration (BAC) of 0.02 or more as indicated by a chemical test. This is different than a drunk driving offense. The prosecution is not required to prove intoxication. However, the penalties for this offense are almost the same as a New Kent County VA DUI / DWI conviction. The main distinction between this offense and a DUI / DWI is that a chemical test is required. New Kent County DUI / DWI cases can be proved even with no chemical test if other evidence proves intoxication.
Virginia Alcohol Safety Action Program (VASAP) Required if Convicted
VASAP is a state-administered program that addresses issues related to alcohol and substance abuse. The Commission on VASAP originally began as a pilot program in 1972. If you are convicted of a New Kent County DUI / DWI, then the New Kent Judge will order that you enroll with the local ASAP program location 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. The New Kent County area VASAP also monitors Ignition Interlock devices. Such orders can be transferred to another location if you are not from the area.
Ignition Interlock for New Kent County VA DUI DWI Cases
The New Kent County Judge can order ignition interlock. An ignition interlock device is a breathalyzer-like device that is installed onto the ignition of a vehicle to prevent the driver from driving the vehicle if they have consumed any alcohol. The operator 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. 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 New Kent County VA DUI / DWI.
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11/10/2015 | Updated 1/30/2024