Experienced Virginia DUI Lawyers
A DUI arrest can be an embarrassing and devastating event. Now is not the time to have a lawyer that is going to lecture you about your choices. The simple fact is, you are in trouble with the law and you need a non-judgmental advocate to give you straightforward advice about protecting you before the Court and presenting your best defense. If you have been arrested for DUI in Virginia, then you need an experienced Virginia DUI Lawyer. Riley & Wells Attorneys-At-Law possess over 40 years of combined DUI law experience and are routinely recognized by organizations such as Virginia Super Lawyers for superior legal ability and exceptional ethical standards.
Effective Drunk Driving Defense
Our Virginia driving under the influence 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. We are experienced and skilled Virginia DUI 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, whether the drunk driving allegation is either a first offense or a felony allegations. Our experienced Virginia DUI Attorneys have an established reputation for effectively representing clients accused of drunk driving across the Richmond VA Petersburg Metropolitan and Central Virginia area including the Counties of Chesterfield, Dinwiddie, Henrico, Hanover, New Kent, Prince George & Brunswick, and the Cities of Colonial Heights and Hopewell. If you have been accused of being in violation of the Virginia DUI law, then you need quality, effective representation. You can benefit from our experience to defend your DUI case.
Dedicated DUI Defense Attorneys
A Virginia DUI allegation is charged under Va. Code 18.2-266, which states in part that it shall be unlawful for any person to drive or operate any motor vehicle (i) while such person has a blood alcohol concentration of 0.08 percent or more or (ii) while such person is under the influence of alcohol. However, the Virginia DUI law is very technical & complex. The law requires an investigating law enforcement officer to gather various certain pieces of evidence that often include field sobriety evidence along with breath testing, which must then be properly presented to the Court by the Commonwealth Attorney. An arrest for DUI neither automatically means a conviction nor does it mean that one has to serve a jail sentence. But make no mistake, the Virginia Courts are very serious about DUI cases, thus if you have been arrested for a drunk driving offense, then you should likewise take your case seriously. If you have been arrested for DUI, then you need an experienced, dedicated Virginia DUI Attorney on your side who regularly practices DUI law to help mitigate the effects of a DUI allegation. Our seasoned Virginia DUI Lawyers possess decades of experience successfully defending Virginia DUI allegations throughout the Richmond-Petersburg Metro Central Virginia area courts. We will carefully analyze the facts of your case to ensure that all of your defenses are timely addressed.
Virginia DUI Penalties
The penalties and ramifications of a DUI conviction can be substantial depending on the evidence, but may often include the following:
- Possible incarceration
- Ignition Interlock
- Suspension or Revocation of Driving Privileges
- Expensive fines
- DUI education courses such as VASAP
- Significant cost increases to or loss of automobile insurance
- Loss of employment or employment opportunities
DISCLAIMER: CASE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE AND DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE
Virginia DUI DISMISSED due to after consumed alcohol defense
Our Virginia DUI Attorneys represented a client who was arrested for DUI, but our client consumed alcohol after the alleged offense, but before the arrest. In this case, our client was located at a local convenience store parking lot where he was observed consuming alcoholic beverages. It was alleged that our client had previously been operating a motor vehicle while intoxicated. Our client did not perform any field sobriety exercises but provided a breath sample at the police station after the arrest. Our client’s breath was analyzed by a breath test machine provided by the Department of Forensic Science. The breath test Certificate of Analysis indicated that our client possessed a blood alcohol content of 0.23. The primary issue in the case became what is referred to as “after consumed alcohol.” The only evidence of intoxication that the Commonwealth Attorney attempted to introduce at trial was our client’s breath test result. We objected. The prosecution could not establish whether our client became intoxicated before or after the alleged operation of a motor vehicle. The presiding Judge granted a defense motion to strike the admissibility of the breath test evidence, which left the prosecution with insufficient evidence to prove its allegation beyond a reasonable doubt. The case was dismissed.
Virginia DUI AMENDED to Reckless Driving
There are some instances where the sufficiency of DUI evidence can become an issue, but neither the prosecution nor the defense wants to lose the case. Thus, in some instances, the prosecution and defense agree to amend the DUI allegation to a violation of the reckless driving law. It may be in the client’s best interest to accept a plea to reckless driving to avoid the risk of losing the DUI trial. Reckless driving is not a lesser offense to DUI, but rather a completely separate offense. Reckless driving is also a class 1 misdemeanor offense, but the penalties and longstanding negative impact are not quite as severe as a conviction for DUI.
In one such case, our Virginia DUI Attorneys represented a client whose vehicle briefly left the roadway while driving due to changing radio stations. The client quickly regained control and resumed driving. A police officer witnessed our client’s driving behavior, conducted a traffic stop, and began to investigate for a violation of the DUI law pursuant to Va. Code 18.2-266. Our client provided a breath sample that was tested and analyzed for 0.00% blood alcohol content. The police officer obtained a blood sample and the Department of Forensic Science also found no traces of alcohol in our client’s blood, but the blood revealed a questionable amount of Alprazolam. Our attorneys had thoroughly analyzed the case and were ready to argue that case on a not guilty plea because we did not think the evidence proved a violation of the law, but our client did not want to take the risk of being convicted of DUI and accepted the Commonwealth’s plea offer to amend the case to reckless driving. Our client was happy to avoid a DUI conviction.
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By Mitch Wells 11/10/2015 | Updated 12/26/2017