Top Rated Richmond VA DUI / DWI Lawyers • 1500+ Reviews

Best Law Firm 2024 Riley Wells Attorneys at Law - Traffic Ticket, Reckless Driving, Speeding, and Virginia Criminal Defense Lawyer Riley & Wells Attorneys-At-Law is a Richmond law firm that specializes in defending clients accused of driving while intoxicated or under the influence of alcohol or drugs. Our Richmond 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. Our firm is a recognized “Best Law Firm” according to U.S. News & World Report. We represent clients before the Richmond Courts charged with DUI / DWI. Our attorneys have an established reputation for effectively representing clients accused of drunk driving offenses. We have been positively reviewed more times than any other law firm that defends Richmond DUI / DWI cases. You can benefit from our experience!

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Experienced Richmond VA DUI / DWI Attorney Best Defense

Experienced Richmond VA DUI / DWI Attorney Best DefenseDriving Under the Influence (DUI) also referred to as Driving While Intoxicated (DWI) is a criminal offense that occurs when a person operates a motor vehicle while intoxicated with alcohol or drugs. A Richmond VA DUI / DWI arrest can be an embarrassing and devastating event. You need a non-judgmental advocate to give you straightforward advice about protecting you before the Richmond Courts and presenting your best defense. You need an experienced Richmond DUI / DWI lawyer. Our top rated Richmond 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.

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Richmond Drunk Driving Defense Attorney • Specialized Training

Richmond Drunk Driving Defense Attorney • Specialized TrainingThe DUI / DWI law is a specialized area of the criminal law. Exercise caution before you engage an attorney for representation that lacks the proper training and experience. Our role is to assist you with navigating an often difficult landscape and to present your best defense. Our Richmond 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 Richmond VA DUI / DWI lawyers that clients who are serious about their freedom and future want to represent them. We use every resource the law allows and consider guilty pleas only when they are in the best interest of our clients.

Free Richmond DUI / DWI Consultation with Most Rated Lawyers

Free Richmond DUI / DWI Consultation with Most Rated LawyersIt can be difficult to find the right Richmond VA DUI / DWI lawyer. There are many things that you should consider before you retain a Richmond DUI / DWI defense attorney. You should first consider if the lawyer represents clients charged with DUI / DWI before the Richmond VA Courts. Engaging a 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 have what it takes to best defend your Richmond DUI / DWI case.

Effective DUI / DWI Lawyer in Richmond VA

Effective DUI / DWI Lawyer in Richmond VAWe understand that a Richmond DUI / DWI arrest can be a freighting experience. Not knowing what will happen is 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 the Richmond with this type of case by yourself is not realistic. You need representation. If you have been arrested for DUI / DWI in Richmond VA, then you need to retain the best Richmond DUI lawyer possible. Our attorneys are specially trained and possess extensive experience. Let us review your case! There may be defenses to your case even if you think you are guilty.

Drunk Driving is Aggressively Enforced in Richmond VA

Drunk Driving is Aggressively Enforced in Richmond VAThe drunk driving laws are aggressively enforced by Richmond Police and Virginia State Troopers. The state troopers usually patrol Interstates 95, 64, 195, the Powhite Parkway and Downtown Expressway. Richmond police officers will also patrol those highways but usually focus their patrols on local routes such Broad Street/Route 250, Hull Street/Route 360, Brook Road/Route 1, Chamberlayne Avenue/Route 301, Laburnum Avenue, and Midlothian Turnpike/Semmes Avenue/Route 60. Both police departments hold sobriety checkpoints and use the same protocol to investigate a DUI / DWI case, which usually includes field sobriety testing and breath testing. Sobriety checkpoints are permitted if a certain specific set of criteria is followed. There roadblock plan design and implementation must be supervised by senior officers of the police department.

Virginia DUI Penalties

A Richmond DUI conviction can have a significant, far-reaching negative impact on your life that can include various substantial penalties as follows:

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

Richmond DUI /DWI Lawyer Defenses to Drunk Driving Cases

Richmond DUI /DWI Lawyer Defenses to Drunk Driving CasesRichmond DUI / DWI cases can be 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 Richmond DUI / DWI case is unique. The strength of the defense will depend on the evidence. Our experienced Richmond VA DUI / DWI attorneys will assess your case, identify the most effective defense strategies, and help you navigate the legal process. If you are facing a Richmond 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:

  1. Challenging the Stop: Did the Richmond 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, Richmond police officers 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 Richmond Police, 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 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, 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.

Virginia is Tough on Drunk Driving (⇓DMV DUI Brochure⇓)

Conviction for DUI first offense  Mandatory, minimum $250 fine  Driver’s license revocation for one year Conviction for DUI second offense  Mandatory, minimum $500 fine  Driver’s license revocation for three years  Possible jail term up to one year Conviction for 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 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 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

Breath Testing for Richmond DUI / DWI Cases

Richmond DUI Breath TestVirginia DUI law according to Va. Code Section 18.2-266 states in part that it is unlawful for any person to operate a motor vehicle if a chemical test or other evidence proves beyond a reasonable doubt that the driver was operating with a blood alcohol concentration of 0.08 percent or more or while such person is under the influence of alcohol.  Additionally, it is also a violation of the DUI law if one is operating under the influence of illegal drugs or prescription medication.

Richmond VA DUI / DWI Investigation Field Sobriety Testing

Richmond VA police officers investigating DUI cases will attempt to have the motorist perform field sobriety exercises but these exercises are optionalIf a motorist is stopped by the police for a traffic violation and the police officer suspects that the motorist may be intoxicated, then the police officer will transition the traffic stop into a DUI investigation. Every motorist who becomes the target of a police DUI 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

Richmond DUI / DWI Case Nolle Prosequi

Richmond DUI / DWI Lawyer convinces Judge to Dismiss DUI / DWI case In this case, our Richmond VA DUI / DWI attorneys represented a client who was involved in an accident. There apparently were two witnesses to the accident but it is unclear what they observed, if anything. Our client advised Richmond Police that he was a passenger of the vehicle. There was sufficient evidence that our client was intoxicated. Richmond Police suspected our client of being the operator of the vehicle in question. The police officer arrested our client and charged him with DUI / DWI. We convinced the prosecution to drop the case because they could not prove beyond a reasonable doubt that our client was operating the vehicle in question. Click on above Case Result Image for actual court record

Richmond VA DUI / DWI Sobriety Checkpoint Defense Attorney

Richmond DUI / DWI Sobriety Checkpoint Defense AttorneyRichmond 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 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 Richmond DUI / DWI sobriety checkpoint, then you need a top rated Richmond DUI / DWI lawyer.

Virginia Implied Consent Law for Richmond VA DUI / DWI Cases

Virginia Implied Consent Law for Richmond DUI / DWI CasesVirginia like most states has an implied consent law. This means that by driving on of the roads in Richmond VA, 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 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 Richmond police officer will obtain a search warrant for blood if a driver refuses to take a chemical test.

Richmond Underage DUI / DWI • Driving After Illegally Consuming Alcohol

Richmond Underage Baby DUI / DWI • Driving After Illegally Consuming AlcoholPersons under age 21 driving after illegally consuming alcohol is a criminal misdemeanor offense in Richmond VA. This offense is often referred to as a “Baby DUI.” Such persons may not operate a motor vehicle on any Richmond VA highway 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 prosecution is not required to prove intoxication. However, the penalties for this offense are similar to a Richmond VA DUI / DWI conviction. The main distinction between this offense and a DUI / DWI is that a chemical test is required. Richmond DUI / DWI cases can be proved even with no chemical test if other evidence proves intoxication.

Virginia Alcohol Program (VASAP) Required for Richmond DUI Conviction

Virginia Alcohol Safety Action Program (VASAP) Required for Richmond DUI ConvictionThe Commission on VASAP originally began as a pilot program of the National Highway Traffic Safety Administration (NHTSA) in 1972. VASAP is a state-administered program designed to address issues related to alcohol and substance abuse. If you are convicted of a Richmond DUI / DWI, then the Richmond Judge will order that you enroll with VASAP’s Capital Area 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. VASAP also monitors Ignition Interlock devices. Such orders can be transferred to another location if you are not from the area.

Ignition Interlock for Richmond VA DUI / DWI Cases

Ignition Interlock for Richmond VA DUI / DWI CasesAn ignition interlock device is a breathalyzer-like device that is installed onto the ignition of a motor vehicle to prevent the vehicle from being operated after consumption 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. 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 Richmond VA DUI / DWI.

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11/10/2015 | Updated 2/10/2024