Richmond DUI Lawyers
- Cory & Cory:
DWI/DUI means "driving while intoxicated" or "driving while under the
influence" and refers to the crime of drunk driving. This crime usually
includes driving while abusing drugs and the operation of other kinds
of motorized vehicles, such as boats. Drunk driving is defined by each
state's criminal code.
Consequences for DUI/DWI
The consequences for a conviction on a DUI charge are severe. Throughout Virginia and the rest of the country, the trend has been toward harsher punishments for first-time and multiple offenders. Regardless of the number of offenses you have, you may be facing jail time, large fines and the loss of your driver's license for a period of time or forever. This can affect all aspects of your life, including your family and employment. It is important to consider the consequences when determining how to proceed with a defense of the drunk driving charges you are facing.
- Gates & Alexander:
Under the Sixth Amendment of the United States Constitution, a
defendant has a right to be confronted with witnesses who testify
against the defendant. In addition, under the Fourteenth Amendment of
the United States Constitution, the defendant has a right to due
process. Included in these rights is a defendant's right to be present
at his or her trial.
- James Maloney:
The defendant is entitled to present a closing argument in a criminal
trial. The defendant's right to give a closing argument has been deemed
by the United States Supreme Court as a basic element of the adversary
factfinding process.
- Andrew Adams:
A criminal conviction, whether for a misdemeanor or a felony, can result in serious consequences, including:
- Large Monetary Fines
- Probation
- Loss of Your Driver’s License
- Jail Time or other Incarceration
- Mark Tyndall:
If you have been arrested or charged with a criminal offense, you need
an experienced and professional criminal defense lawyer who is
knowledgeable about all aspects of criminal law. You need an advocate
to be on your side, providing you with the best defense possible,
especially if you have been charged with a serious offense.
- Maureen White:
The Immigration and Nationality Act (INA) permits deportation of an
alien convicted of an "aggravated felony," which can include "a crime
of violence for which the term of imprisonment [is] at least one year."
In line with this provision, aliens convicted of driving under the
influence of alcohol (DUI) in states which characterize a DUI
conviction as a crime of violence have been subjected to automatic
deportation, even if they have been legally residing in the U.S. for
years.
- Hurley & Koort:
While there is no general emergency exception, certain emergencies
justify performing a warrantless search or arrest. Under the "exigent
circumstances" exception, police may perform a warrantless search or
arrest where an emergency prevents them from obtaining a warrant.
Emergencies that qualify as exigent circumstances include situations
that make obtaining a warrant impracticable or unreasonable, such as:
When police have reason to believe that someone's life is in danger
(including their own) When police are in "hot pursuit" of a fleeing
felon (e.g., to prevent a suspect from resisting or escaping) When
there is probability that a suspect might destroy evidence before a
search warrant can be obtained (e.g., flushing drugs down the toilet)
When evidence is likely to disappear before a warrant can be obtained
(e.g., a blood sample containing alcohol or fingernail scrapings) When
there is a threat to property (e.g., burning fires)
- Richmond Criminal Law: A drunk driving conviction in
Virginia, referred to as driving under the influence, DUI, or driving
while intoxicated (DWI), affects you in a number of ways, possibly
including:
Ability to obtain financial aid if you are a student Alcohol assessment and treatment Community service and probation Criminal record Fines and financial penalties Increased insurance rates Job loss Mandatory jail or prison sentence Suspension or loss of driver license Vehicle immobilization or forfeiture Interlock device requirement
- Brian Grossman:
Q. What are my rights? A. First of all, you are not legally obligated
to answer any of the officers questions other than to give him your
name, license and registration. Thats it. If you fear that you may be
arrested for drunk driving, you should not make any other statements.
The best way to invoke this right is to politely but firmly tell the
officer that you wish to speak to an attorney before answering any
other questions. You should repeat this as often as necessary in
response to any question. You are fully within your rights to do so. At
any point during your encounter with the police, you may demand to know
whether or not you are free to leave. If the police officer says yes,
then leave. If the police officer says no, then the next words out of
your mouth should be "I want to speak to an attorney." Once you invoke
your right to counsel, the officer cannot legally question you further.
Frequently Asked Questions
Drunk Driving in Virginia
Q. What should I do if IÕm stopped by a police officer for drunk driving?
A. Show the officer your license and registration. If the officer suspects you of driving under the influence, he will begin to ask you a number of questions designed to confirm his suspicions. In this situation, you need to be very respectful of the officerÕs authority, but you must also be aware of your rights.
Q. What are my rights?
A. First of all, you are not legally obligated to answer any of the officerÕs questions other than to give him your name, license and registration. ThatÕs it. If you fear that you may be arrested for drunk driving, you should not make any other statements. The best way to invoke this right is to politely but firmly tell the officer that you wish to speak to an attorney before answering any other questions. You should repeat this as often as necessary in response to any question. You are fully within your rights to do so.
At any point during your encounter with the police, you may demand to know whether or not you are free to leave. If the police officer says yes, then leave. If the police officer says no, then the next words out of your mouth should be "I want to speak to an attorney." Once you invoke your right to counsel, the officer cannot legally question you further.
Q. Do I have to perform the field sobriety tests if the officer tells me to?
A. No. The most common field sobriety tests are the "walk and turn", the "one legged stand" and the "horizontal gaze nystagmus" tests. These tests are designed to give the officer probable cause to arrest you, and may be introduced as evidence of your intoxication in court. Many people have difficulty with these tests even when sober, often due to adverse weather and lighting conditions at the roadside, or even simply out of sheer nervousness.
You are under no legal obligation to perform the field sobriety tests. You may refuse to do them.
Q. WonÕt I anger the police officer if I refuse to answer questions or perform the field sobriety tests?
A. Perhaps. But letÕs get something straight. Too many people operate under the incorrect assumption that if theyÕre "nice" to the officer, then the officer will be "nice" to them, i.e., not arrest them. This is false. If you have been polite, cooperative and compliant with the police officer, he will nonetheless arrest you if he thinks he has probable cause to do so. ItÕs his job. Police officers do not routinely ignore their job responsibilities simply because the suspect is polite and cooperative.
The key here is to strike the appropriate balance between respect for the officerÕs authority and respect for your own rights as a citizen in a democratic society.
You should be polite but firm in your invocation of your rights. Do not raise your voice or shout. One way to invoke your rights is simply to repeat the phrase "I want a lawyer" over and over like a mantra in response to questions or commands.
Do not accept legal advice from the officer. If he tells you that you must do the sobriety test or heÕll arrest you for "refusal", he is wrong. Keep a copy of this brochure in your car and show it to him. IÕll be happy to answer any of his questions if he should like to call and discuss the matter.
Q. What tests am I required to submit to?
A. There is only one test that you must legally submit to. That is the breath alcohol sensor at the police station. This is a large machine and should not be confused with the roadside hand-held device, which you are not required to submit to.
Before you are arrested, the officer may ask you to blow into a hand-held device, known as an "Alco-Sensor". You are not required to do so and may legally refuse.
If you are arrested, you will be asked to blow into a much larger device known as the "Intoxilyzer 5000". Despite its notorious lack of reliability and accuracy, the Virginia General Assembly, under pressure from various "get tough on drunk driving" groups, has passed a statute requiring anyone driving in Virginia to submit to this test after a proper arrest for drunk driving. The penalty for refusal to do so is substantially the same as the penalty for first-offense drunk driving.
Q. Do I need a lawyer if IÕm charged with drunk driving?
A. Anyone charged with drunk driving should consult with an attorney. The need for legal services in these cases should be evaluated by an attorney with full knowledge of the facts.
- Steven Hanna: What
are the penalties for a DUI first offense? The court will impose a
fine, suspended jail time, and payment of court costs. You will also
have to attend VASAP.
Can I get a restricted driver's license? Yes, usually. The court will
authorize a restricted license to drive to and from work, school,
medical appointments, and related activities.
- Oscar Brinson:
You need an attorney who not only knows Virginia law inside and out,
but one who is also sympathetic, supportive, and will aggressively
represent you.
- Standish Alexander:
Virginia has some of the strictest DUI / DWI laws in the country.There
is mandatory 5 day incarceration period for a first offense DUI if the
BAC is 0.15 or higher. On your second offense, your license will be
suspended for three years. In both cases, the charge will stay on your
driving record for 11 years, possibly affecting your insurance premiums
as well as your freedom for over a decade.
- George Townsend:
"[W]hen a policeman has made a lawful custodial arrest of the occupant
of an automobile, he may, as a contemporaneous incident of that arrest,
search the passenger compartment of that automobile."
- J. Martelino: In
most cases an application or petition to expunge must be submitted to
the court where the conviction took place or in which trial would have
taken place. Courts commonly have discretion to grant or deny the
request and frequently consider factors such as: The nature of the
crime (convictions for some crimes cannot be expunged) Whether the
individual was an adult or a juvenile at the time of arrest or
conviction Convictions and arrests prior to the one under consideration
Any arrest, conviction or proceeding since the conviction or arrest to
be expunged Any objections raised by prosecutors, victims or others The
interests of the petitioner and public safety
- Carolyn Grady: "Racial Profiling" is a term that describes an
approach many law enforcement agencies have used when deciding whom
they should search or investigate. According to the U.S. Supreme Court,
racial profiling occurs when an officer implements a policy that has "a
discriminatory effect and ... was motivated by a discriminatory
purpose." Stated differently, racial profiling occurs when an officer,
in forming the decision to investigate a crime or even merely detain an
individual, bases this decision on a suspect's specific
characteristics, such as color, race, or similar identifying factors
(the individual's profile).
- McDougle Law Firm:
Driving a motor vehicle while intoxicated poses significant danger to
you and to others. Additionally the legal ramifications of an arrest
for driving under the influence of alcohol and/or illegal drugs are
severe. A conviction for driving a motor vehicle while intoxicated may
result in license suspension, steep fines, and jail time. All drivers
must aware of the laws that may strip them of their right to drive
and/or their freedom should they be arrested and charged with driving
while intoxicated.
Should you be arrested for driving while intoxicated, your conviction
will be based upon the basic D.U.I. statute in the Commonwealth of
Virginia Virginia Code Section 18.2-266. Under this statute, a driver
may be convicted for driving while intoxicated on a number of grounds:
VA Code 18.2-266 - Driving any motor vehicle, engine, or train;
(1) While having a blood alcohol concentration (B.A.C.) of 0.08 percent
or more by weight by volume (or 0.08 grams or more per 210 liters of
breath as indicated by a chemical test).
(2) While being under the influence of alcohol.
(3) While being under the influence of any drug to a degree which
impairs his ability to drive or operate any motor vehicle safely.
(4) While being under the combined influence of alcohol or any drug(s)
to a degree which impairs his ability to drive or operate any motor
vehicle.
Take note, while driving with a B.A.C. of 0.08 raises a presumption
that you are driving while intoxicated, it is not the only basis for a
D.U.I. conviction. Instead, a conviction can be based on any of the
other three categories if supported by sufficient evidence of your
intoxication (field sobriety test, testimony of the arresting officer,
etc.).
Moreover, under VA Code 18.2-266.1, it is unlawful for any person
under the age of twenty-one to operate a motor vehicle after consuming
alcohol and, in such cases, the B.A.C. legal limit is dropped to 0.02
percent or more by weight by volume.
- Esther Windmueller:
Historically, federal authorities have possessed broad authority to
seize property when it is suspected to be involved in, or connected
with, criminal activity. Such property may include, for example,
homes, cars, jewelry, bank accounts and cash. Further, the individual
need not be convicted of any crime for the property to be seized and
possibly forfeited.
- Dinkin Purnell:
Depending on the state, officers are permitted to use a variety of
tests to ascertain intoxication. The types of analyses can be grouped
into two types - tests that require the suspect to actually do
something (also referred to as evidentiary tests), and tests where the
suspect is not asked to take any action by an officer (also referred to
as preliminary tests).
- Donald Denton:
Practical Application of Your Constitutional Rights You DO NOT and NEVER SHOULD
remain at a crime scene unless you have been arrested. Walk away. Force
the police to detain you if they insist on speaking to you. You DO NOT and NEVER SHOULD consent to a search of yourself, your car or your home. The police are only looking for evidence to use against you. You DO NOT and NEVER SHOULD
speak to the police about the facts of any accusation against you. The
police are only trying to have you admit knowledge of facts they can
use to convict you. DO NOT believe them when they tell you that it will be easier on you if you tell them everything. You DO NOT and NEVER SHOULD write out any statement of events for the police and DO NOT sign any statement written by someone else. You DO ASK to speak to an attorney as soon as you are arrested; but ONLY tell the attorney what the CHARGES are over the phone. The police do listen in on your phone calls from jail.
- John March:
Your Constitutional Rights
The United States Constitution and the Constitution of Virginia entitles
you to ALL of your rights, including:
• The right NOT to talk to police or anyone else
• The right NOT to answer any questions whatsoever
• The right NOT to respond to ANY accusation made by anyone
• The right to have an attorney PRESENT during Identification process
• The right to speak to an attorney BEFORE questioning and or arrest
• The right to have an attorney present DURING search of your property
• The right to have an attorney present DURINGsearch of your person
Under the United States Constitution, you are guaranteed the right to a
trial by jury.
- Christopher Booberg:
DWI/DUI means "driving while intoxicated" or "driving while under the
influence" and refers to the crime of drunk driving. This crime usually
includes driving while abusing drugs and the operation of other kinds
of motorized vehicles, such as boats. Drunk driving is defined by each
state's criminal code.
- Robert Battle:
DWI/DUI
The aggressive defense of a DUI charge can give rise to more potential
legal defenses and technical defenses than most murder trials. Also, in
today's political environment, judges and prosecutors realize that they
could be opening themselves up for public criticism if they reduce a
DUI charge to a lesser offense even if this plea bargain is entered
because they realize they will not be able to prove the allegation
beyond a reasonable doubt. As a political matter, they are better off
going to trial and losing than working out a plea bargain in a case
they feel they will not win. - Grove Law Firm:
In any criminal case, it is important to hire an attorney who is
experienced, skilled, and knowledgeable, and who will fight
aggressively for your rights and stand by your side. Cases like
speeding, DWI, and reckless driving may seem simple, but defending
these cases is often a very complex task.
- Kenneth Chrisman:
In defending against a DWI, DUI, or drunk driving charge, you have many
rights as a criminal defendant, including the right to cross-examine
the witnesses against you, even if they are police officers.
Retain an Attorney
If you have been arrested for drunk driving, you may have been advised by friends to simply plead guilty and move forward with your life. Before you make a decision that could have a serious impact on your long-term future, speak with an attorney to learn more about your rights.
A DUI/DWI conviction can result in significant criminal penalties including jail time, probation, suspension of your driverÕs license, increased auto insurance costs and even the possibility of court-imposed alcohol treatment.
Virginia has very serious laws against drunk driving. Virginia criminal laws call for mandatory minimum penalties for drivers found with elevated blood alcohol content. A .15 blood alcohol content will result in a mandatory sentence of 10 days in jail and a .20 blood alcohol content will result in a mandatory jail sentence of 20 days.
A second DUI conviction within five years of your fist conviction will result in a mandatory minimum sentence and loss of your driverÕs license for three years. In addition, a court may order the installation of an Ignition Interlock device in your car that will prevent it from starting if you have been drinking. If you are under the age of 21 and caught with a BAC above .02, you are guilty of a misdemeanor and will lose your license. For Virginia residents, a refusal to take a breath test can result in a loss of license for one year or more.
- Andrew Lingle:
Having a competent and experienced attorney who is familiar with the
jurisdiction, prosecutors and judges is vital when you are charged with a
serious traffic or criminal offense. A DUI, hit and run or suspended license
charge has an obviously serious impact on your life because of potential jail
time, but even minor traffic infractions can have major consequences.
- J. Thompson Cravens:
If you are charged with driving under the influence, you face serious
repercussions to your personal and professional life. DUI is a Class 1
misdemeanor. The maximum penalty carries up to twelve (12) months in jail and
$2500.00 fine. If you are convicted of DUI, you can lose your driver's license
for one year. You may qualify for a restricted drivers license.
- Affiliated
Attorneys: FIELD SOBRIETY TESTS:
When the police stop a driver suspected of DUI, they will ask the
driver to take a "Field Sobriety Tests." These tests are voluntary and
can be refused. If you test "poorly," then the officer will be able to
testify in court concerning the results of your performance. If you are
concerned about how you might do with the field sobriety tests, then
you might consider refusing the tests. These voluntary tests do not
include breath or blood tests at the police station.
- Matthew Geary:
Driving under the influence (DUI) in the Commonwealth of Virginia is a Class One
Misdemeanor. A conviction for a first offense DUI in Virginia carries a penalty of up
to 12 months in jail, a fine of up to $2,500.00 and a mandatory one year loss of
driver's license. With entry into the ASAP program and approval by the Court, a
restricted driver's license is available to drive under certain conditions.
A DUI conviction clearly has very serious consequences in Virginia. In addition to
the possibility of going to jail and paying a hefty fine, there is a large fee for ASAP
and court costs to consider. You can also expect that your car insurance rates will
jump significantly and for quite a while.
For these reasons, it is imperative that you have solid advice and representation
from an attorney familiar with DUI law and procedure.
- Sherri A.
Thaxton:
There are millions of DWI and DUI arrests made each year throughout the United States.
The rights of the majority of those arrested have been violated without their knowledge.
If convicted, these individuals can face substantial fines, loss of license, be sentenced
to hours of community service as well as time in the penitentiary. I have in-depth experience
defending DWI, DUI, Failure to Yield, and Habitual Offenders, for dismissal, reinstatement,
or restricted privileges. If you have been arrested for any traffic violations, it is
imperative that you immediately seek legal council. Having a strong defense is your only hope
for any type of relief. Remember, hiring legal counsel that will aggressively present
your rights before a court of law does not have to be expensive...just effective!
- Joe McGrath:
DRIVING UNDER THE INFLUENCE D.U.I DRIVING WHILE INTOXICATED
Of all the possible criminal convictions, one for driving under the
influence of alcohol carries more consequences than any other
misdemeanor charge. I base this on the total of fines, costs, county and
city fees, jail time, suspension of your driving license, required
alcohol classes, DMV fees, insurance premiums, loss time from work,
personal embarrassment, interruption of your life and that of your
family and permanent criminal record. This is why you must be
represented and be represented by a lawyer who tries these cases on a
regular basis, knows the law and knows the science involved.
When a person comes in for an interview and is charged with DUI, the
process takes more than an hour. The post-interview investigation can
also be time consuming. I devote this length of time because I must know
all of the facts leading up to, during and after your arrest. This
includes your personal, educational, and medical information. It
includes going to the scene, interviewing witness, and collecting
information from the court, prosecutor, and arresting officer. Some
facts lend themselves to further inquiry. This may mean that I will
advise my client to seek the assistance of a expert toxicologist.
The device used to determine the illegal level of alcohol in a
defendant's blood is the EC/IR II. Often my investigation shows that the
device is defective or not reliable because of how it was operated and
should be excluded from use by the prosecutor.
I recently spoke to an attorney who advertises himself as a criminal
defense attorney but does not regularly defend d.u.i's . Upon my
mentioning that I had obtained the logs of the breath test machine used
by my client, he stated 'oh, I quit doing that because the machine is
always accurate'. Please don't be discouraged if you hear this type of
opinion from an attorney or from friends or associates. Every case is
different; every case presents it own particular facts and
circumstances. The machine is only as good as the persons maintaining it
and the person running it.
Mounting a successful defense to D.U.I./D.W.I. takes time and
experience. I have been practicing law since 1980 and have defended
D.U.I. cases in the City of Richmond and Petersburg, in the counties of
Chesterfield, Henrico, Hanover, Caroline, New Kent, Goochland, Powhatan,
Amelia, and Prince George. I have tried cases in the General District
Courts of these locations as well as the Circuit Courts. I have tried
case before judges and juries. I am a member of the National Association
of Criminal Defense Attorneys, the Virginia Association of Criminal
Defense Attorneys and, most importantly, the National College for D.U.I.
Defense. As a member of this group I regularly attend their seminars
keeping abreast of developments in the science and the law. If you have
been charged with D.U.I., please contact me for a consultation YOUR
LICENSE IS YOUR LIFE.
- Squires Law Office:
The government has cracked down hard against DUI in recent years. In Virginia, a
blood alcohol content of only 0.08% raises a legal presumption that the defendant is
intoxicated. Penalties have increased, and now a defendant's driving permit can be
suspended even before trial.
- Todd
Stone: Traffic and DUI (Driving under the influence of alcohol/drugs)
cases are among the most common forms of criminal liability. Many motor
vehicle offenses can be successfully challenged and defeated with
experienced legal counsel. Many traffic statutes require the Judge to
suspend a defendant's driver's license, in addition to a potential
period of incarceration and/or fine. Reckless Driving in Virginia is a
class one misdemeanor, which carries a penalty of up to 12 months in
jail and/or up to a $2,500 fine.
- Rod Sager: DUI, simply put, means that a person can be
found guilty of driving while intoxicated if their blood alcohol level
when they were driving was .08 or more as determined by a chemical test
(this is called a "per se" statute), or if the person is proven to be
under the influence of alcohol or under the influence of drugs (this is
called a presumption statute).. In Virginia, a DUI is a Class I
misdemeanor. The maximum punishment is a $2,500 fine, one year in jail,
and the loss of one's driving privileges for one year. Anyone convicted
of a DUI is, by law, required to lose their driving privileges for one
year. The judge no longer has discretion over this punishment. He may,
however, order restricted driving privileges which would allow one to
drive to and from work. If you consent to a search by law enforcement
officials of your person, vehicle, or living quarters and drugs or
other contraband is found, you could be convicted of possession of a
controlled substance regardless of whether the search itself was
unconstitutional or illegal. Exercise caution when giving consent to
unwarranted searches of your person, vehicle or living quarters.
- WMCD: In Virginia, having a license to drive is a
privilege, not a right. When you are issued a driver's license, you
agree to take a breathalyzer test if you are asked to take one. This is
called the Virginia implied consent law. A breathalyzer test measures
the amount of alcohol in your body by sampling your breath. To get a
sample, you must blow your breath into a plastic tube connected to the
breathalyzer machine. If a driver refuses to take a breathalyzer test,
the driver is violating the implied consent law.
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