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Richmond DUI Lawyers

• Sean Murphy:
  • You CAN lose your license with a DUI conviction, BUT you can ask the court for a restricted license to go to WORK or SCHOOL.
  • You can get jail time for a first time DUI offense, but the court may suspend that time.
    There is mandatory jail time for multiple DUI offenses, but the court can decide any time over that.
  • You may be charged a hefty fine, but the court can suspend some of the fee pending good behavior.
  • You may be required to complete an alcohol education class.
  • Always show a police officer the utmost respect when stopped for a DUI or traffic offense. The Judge will ask the officer about your behavior!
  • A DUI is a serious charge that needs to be taken seriously.
• 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.
• 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.
• 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 & Johnson: 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.
• 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: DUI Laws
• 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.