Top Rated Montgomery County VA DUI / DWI Lawyers • 1500+ Reviews
Riley & Wells Attorneys-At-Law is a Montgomery County law firm that specializes in defending clients accused of driving while intoxicated or under the influence of alcohol or drugs. Our top Montgomery 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 Montgomery 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 Montgomery County VA DUI / DWI cases.
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Experienced Montgomery 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 Montgomery 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 Montgomery County Courts and presenting your best defense. You need an experienced Montgomery DUI / DWI lawyer. Our top rated Montgomery 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 Montgomery DUI / DWI Attorney Client Review
Driving Under The Influence Montgomery County Defense Specialists
Our Montgomery County DUI / DWI defense lawyers are either members of or have been recognized by 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 benefit when their lawyer specializes in a particular of law. We understand that an arrest for drunk driving can be an embarrassing and devastating event. 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 Montgomery DUI / DWI Consultation with Most Rated Lawyers
It can be difficult to find the right Montgomery County VA DUI / DWI lawyer. There are many things that you should consider before you retain a Montgomery DUI / DWI defense attorney. Does the lawyer represent clients charged with DUI / DWI before the Montgomery County VA Courts? Engaging a Montgomery 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 Montgomery County VA DUI / DWI Lawyer
Virginia 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 Montgomery County, then you need to retain the best Montgomery County DUI / DWI lawyer possible. Our attorneys are specially trained and possess extensive experience. We can help!
Montgomery County DUI / DWI Breath Testing
Va. Code Section 18.2-266 criminalizes the operation of a motor vehicle in Montgomery 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 Montgomery 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!
Montgomery DUI / DWI Investigation Field Sobriety Testing
If a Montgomery 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 investigation. Every motorist who becomes the target of a Montgomery 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 Montgomery 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 Montgomery 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 Montgomery County DUI / DWI attorney who has been recognized with this award.
Drunk Driving is Aggressively Enforced in Montgomery County
The drunk driving laws are aggressively enforced by Montgomery Deputies and Virginia State Troopers. The state troopers usually patrol Interstate 81 and Routes 11 & 460. Montgomery Deputies, Blacksburg Police, Christiansburg Police and Virginia Tech Police also patrol for drunk driving offenders. These law enforcement agencies will frequently hold sobriety checkpoints and typically use the same protocol to investigate a 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
- 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
Montgomery DUI /DWI Lawyer Defenses to Drunk Driving Cases
Montgomery 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 Montgomery County DUI / DWI case is unique. The strength of the defense will depend on the evidence. Our experienced Montgomery 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 Montgomery 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 Montgomery 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, Montgomery Deputy Sheriff’s, local police 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 Montgomery 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 County 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 Montgomery 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.
Superb Avvo Rated Montgomery County VA DUI / DWI Lawyers
Legal ratings help those accused of DUI / DWI find the best Montgomery 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 Montgomery 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.
Montgomery County DUI / DWI Sobriety Checkpoint Defense Attorney
Montgomery 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 Montgomery 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 Montgomery DUI / DWI sobriety checkpoint, then you need a top rated Montgomery DUI / DWI lawyer.
Virginia Implied Consent Law for Montgomery DUI / DWI Cases
Virginia like most states has an implied consent law. This means that by driving a vehicle on a Montgomery 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 Montgomery 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 Montgomery County law enforcement officer will obtain a search warrant for blood if a driver refuses to take a chemical test.
Montgomery Underage Baby DUI / DWI • Driving After Illegally Drinking
Persons under age 21 driving on a Montgomery highway after illegally consuming alcohol is a criminal misdemeanor offense. This is often referred to as a “Baby DUI.” Such persons may not operate a motor vehicle on a Montgomery 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 Montgomery prosecutor is not required to prove intoxication. The penalties for this offense are almost the same as a Montgomery VA DUI / DWI conviction. A chemical test is required. Montgomery 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 Montgomery
VASAP is short for Virginia Alcohol Safety Action Program. There are VASAP offices in the area that service Montgomery County. VASAP is a program designed to address issues related to alcohol and substance abuse. If you are convicted of a Montgomery County DUI / DWI, then the Montgomery 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 Montgomery to another location if you are not from the area.
Ignition Interlock for Montgomery VA DUI / DWI Cases
An 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. Montgomery 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 Montgomery DUI / DWI.
Montgomery Virginia DUI Penalties (⇓DMV DUI Brochure⇓)
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4/25/2024 | Updated 4/28/2025