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Virginia DUI, Driving Under the Influence (DUI/DWI) - Richmond, VA DUI Lawyer

Get Experienced DUI Case Help When You Need It the Most!

An aggressive, experienced attorney is a good ally in any criminal case, and if you are charged with driving under the influence in Virginia it is wise to hire the best attorney you can to protect your interests.

A person convicted of DUI in Virginia will have his license suspended for a year, will be fined up to $2500.00, can be jailed for up to 12 months, and will have a permanent criminal record because this offense is a Class 1 misdemeanor.

Virginia DUI laws are complex, and more often that one might think, a defense is successful in winning the case, or in obtaining a better result. Only an experienced DUI attorney will know all the factors to consider, and how to attack the evidence.

If you or a loved one is charged with DUI in Virginia, complete the contact form on this page, or telephone me at 804-726-4778, to schedule a free consultation.

Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.

Blog for DUI & Reckless Driving Defense

• Richmond DUI Lawyer | Preliminary Breath Tests
• Virginia's Implied Consent Law and DUIs
• DUI Resulting in Death of Another in Virginia Can Mean Years in Prison
• Virginia Penalty for Driving in Violation of Terms of Restricted License
• Virginia ASAP Information
• New Virginia Law Targets Teen Drinking and Driving
• Adults Who Allow Underage Alcohol Consumption Face Stiff Consequences
• Study: Large Number of Fans Leave Sports Events With High Alcohol Levels
• Social Networks Monitored By Police to Detect Teen Crimes
• Felony DUI Charges Filed in Hampton; Pedestrian Killed
• Richmond DUI Arrests Up Labor Day Weekend
• Richmond Criminal Defense Lawyer | Punishments for Misdemeanors in Virginia
• Richmond DUI & DWI Lawyer | Chesterfield | Henrico | Hanover | Goochland
• Richmond DUI & DWI Attorney | Challenging Virginia's "Implied Consent" Law
• Virginia's Mandatory Breath Test Law
• Preliminary Breath Test for Virginia DUI
• How a Preliminary Breath Test (PBT) Can Ruin Your DUI Defense
• Virginia Breathalyzer Results Not Always Accurate to Prove DUI Cases
• Virginia Senate Committee Approves New Traffic Laws
• Exercising Your Rights Can Prevent a DUI Conviction

Library for DUI & Reckless Driving Defense:

• Field Sobriety Tests (FSTs) have been proven to be unreliable indicators of driver impairment, though most people do not know this. Find out what you should know before deciding whether to do them or not.   
  Performing Field Sobriety Tests (FSTs) when you are stopped for suspicion of DUI / DWI may not be in your best interests, and could ruin your chances of getting a favorable outcome in court after you are charged. Richmond, VA, Reckless Driving Attorney, Virginia DUI attorney
• Aggressive and Reckless Driving Charges in Virginia Requires a Good Defense Because Conviction of One Will Show Up on Your Permanent Criminal record   
  Virginia Aggressive or Reckless Driving charges are serious and require a serious-minded defense attorney
• Virginia's "Implied Consent" Statute Compels One Charged With DUI to Give Evidence Against Himself or Lose His License   
  Despite being violative of one's right against self-incrimination, Virginia's implied consent law requiring a person arrested for DUI to submit to a breath or blood test for alcohol, is valid.
• What We've Been Saying! Former policeman attacks procedures in DUI arrest!   
  Over the past 2 years we have been advising visitors to the website to exercise patience and their right to not incriminate themselves in a police traffic stop for reckless driving or DUI.
  
  This comment from a former police office that was posted to a DUI website earlier this week reinforces what we have been saying.
• The Shocking Unreliability of Field Sobriety Tests to Determine Probable Cause for DUI [PDF]   
  Field Sobriety Tests (FSTs) routinely given to suspected drunk drivers have been proven to be unreliable indicators of impairment. Independent tests by Clemson University professors in 1994 demonstrated that police officers could not determine from the performance of FSTs alone whether a person was "too drunk to drive."
• Police Chief of Alexandria Virginia Charged With DUI in Arlington Accident   
  Twenty-plus years of law enforcement service may be ending soon for Alexandria Chief of Police David P. Baker, who has been charged with DUI following an accident that sent one person to the hospital with non-life threatening inuries. News reports have attributed his BAC to have been 0.19, more than twice the legal limit for impairment.
• What Happens in Your DUI Trial   
  Richmond Virginia DUI attorney gives a brief explanation of what one can expect when charged with DUI or DWI in Virignia. Areas covered are the arraignment, trial in general district court, and appeal to circuit court.
• Gallup Poll Reflects Public Attitudes About Drunk Driving [PDF]   
  A survey conducted by the Gallup organization was presented to the National Highway Transportation Safety Administration (NHTSA). It is believed the NHTSA commissioned the survey and therefore the results may be suspect by many as being biased. You decide.
• DUI Statutes and Procedures and Your Constitutional Rights [PDF]   
  Consitutional rights of Virginians fly out the window when they are stopped for suspicion of DUI. California attorney Lawrence Taylor granted me permission to
• Constitutional RIghts May Take Another Hit If President's Nominee is Confirmed as Head of NHTSA   
  Virginia DUI lawyer and ex-FBI agent Tony Stelly believes drunk driving laws are going to get tougher. MADD CEO Chuck Hurley's nomination to be head of the National Highway Traffic Safety Administration (NHTSA)is likely to result in harsher sentences and a lowered standard for conviction of DUI. As the former head of MADD, Hurley was a proponent of lowering the BAC level for conviction of DUI, and for installation of ignition interlock devices on all cars. An editorial in the Washington Times points out, this is the wrong man for this job.
• Field Sobriety Tests Myths   
  In an article published in The Champion, the history of field sobriety tests is discussed, and the results called into question.

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Frequent Questions for DUI & Reckless Driving Defense:

• May police operating sobriety checkpoint stop every car?

Case Results for DUI & Reckless Driving Defense:

• Virginia Reckless Driving Lawyer | Sussex | Richmond Metro
• Hanover Reckless Driving Charge Taken Under Consideration, To Be Reduced
• Richmond DUI Conviction Reduced to Reckless Driving on Appeal
• Goochland DUI Case Dismissed
• "Justification" Defense Wins Driving on Suspended License Charge
• "Justification" Defense Wins Driving on Suspended License Charge
• "Justification" Defense Wins Driving on Suspended License Charge
• Henrico Reckless Driving Charge Reduced to Speeding on Appeal
• DUI Dismissed in Chesterfield
• DUI Charge Reduced
• DUI Charge Avoided -- Reckless Driving Charge Dismissed
• Mandatory Jail Time Avoided In Hanover DUI Case
• Drunk Driver Takes Big Hit

Awarded: Confidential

Web Resources for DUI & Reckless Driving Defense:

• Definitions of Terms Used in Virginia DUI Statute and Related Code Sections

  Description: Code section 18.2-268.1 provides definitions of terms used in sub-sections 2 - 12 of the statute. It is important to understand the terminology.

• Driving After Consuming Alcohol by Underage Persons in Virginia

  Description: Code section 18.2-266.1 prohibits person under 21 years old from operating a motor vehicle after having consumed alcohol. This statute is separate from the primary DUI law.

• Estimate Your BAC Before Going "On the Town" So You Can Drive Home Safely

  Description: Toronto criminal lawyer for impaired driving/drunk driving, Ron Jourard, suggests you use the calculator to determine your blood alcohol level at the time of the traffic stop.
  
  Mr. Jourard defends drinking driving charges in Toronto, Brampton, Newmarket, Oshawa, and beyond.
  
  The calculator is provided courtesy of Toronto criminal lawyer Ron Jourard and forensic toxicologist Gerry Kupferschmidt.

• Evidentiary Presumptions From Blood or Breath Test Results

  Description: Code section 18.2-269 sets forth the presumptions the fact finder may draw from blood or breath test results.

• Penalties for Driving While License is Suspended or Restricted After Conviction of DUI

  Description: Code section 18.2-272 provides the penalties for driving outside the terms or time frame of a resticted license, or driving after one's license has been revoked or suspended in connection with a DUI conviction or similar administrative suspension.

• Penalties for DUI in VIrginia

  Description: Code section 18.2-270 sets forth the penalties one may face upon conviction of DUI in Virginia.

• Penalties for Refusal to Take Breath or Blood Test in DUI Cases

  Description: Code section 18.2-263.3 describes the procedures and penalties used when a person suspected of DUI refuses to submit to a test of his breath or blood.

• Terms of Probation and Education and Treatment of Persons Convicted of DUI in Virginia

  Description: Code section 18.2-271.1 describes what conditions the court must consider to impose on those convicted of DUI.

• Virginia DMV Statistics on DUI Related Auto Accidents 1982-2007

  Description: Virginia's DMV published statistics purporting to show the number of alcohol-related auto accident crashes for each year from 1982 through 2007. This is a helpful source of information for drivers and DUI defense lawyers.

• Virginia Statute on Preliminary Breath Test

  Description: Code section 18.2-267 provides that a preliminary breath test may be performed on a person suspected of DUI. This is referencing the hand-held device that many State Troopers and police officers carry with them. Although the driver can request the officer to give him the test, in most cases, the officer or trooper will ask the driver to take it at the scene prior to placing the driver under formal arrest. The driver has the right to refuse to take it. If the driver does take the test, the results cannot be used at his DUI trial, but can be used to establish probable cause for arrest on a charge of DUI.

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