DUI Defense
Richmond DUI Defense Attorney
A DUI arrest is not a conviction. Let's look at how the stop, the test and the arrest were handled.
- Virginia Bar Member Since 1999
- Personal Attention From Your Attorney
- Serving Richmond, Henrico, Chesterfield & Hanover
- Free Consultation
A DUI arrest happens fast, and the consequences start right away. As a Richmond DUI lawyer, Wendell Allen defends drivers charged in the City of Richmond and the surrounding counties, including Henrico, Chesterfield and Hanover. From the moment you call, the focus is on two things: your criminal case and your ability to keep driving.
Virginia treats DUI as a criminal offense, not a traffic ticket. Even a first offense can bring a fine, a license revocation, enrollment in an alcohol safety program and an ignition interlock requirement, and a high blood alcohol reading can mean mandatory jail time. Those stakes are why every DUI case deserves a careful look.
Many DUI cases turn on details. Was there a lawful reason for the stop? Were the field sobriety tests given properly? Was the breath-testing equipment maintained, and was the test given within the time limits the law requires? We examine each step, explain what we find in plain English, and help you decide how to move forward.
It also helps to act quickly. Some deadlines in a DUI case are short, and early steps, such as requesting video and the breath-test records, can make a real difference later. If you were arrested on I-95, I-64, Broad Street or anywhere else in the Richmond area, call before your first court date so we can review your options.
What We Handle
Richmond DUI Lawyer: Cases We Handle
First-offense DUI
Defending first-time charges and helping you understand the license and program requirements that may follow.
Repeat DUI
Second and subsequent offenses, which carry mandatory minimum penalties and longer license consequences.
High-BAC DUI
Cases where the reported blood alcohol content triggers mandatory jail time under Virginia law.
Refusal cases
Charges for unreasonably refusing a breath or blood test after arrest, which carry their own license penalties.
Underage DUI
Drivers under 21, who face lower alcohol limits and separate license consequences.
Commercial-driver DUI
CDL holders, who face stricter limits and the risk of losing their livelihood.
Drug-related DUI
Charges involving illegal drugs or prescription medication, which raise different evidence issues.
License suspension and restricted licenses
Administrative suspensions, revocations and requests for a restricted license to get to work or school.
Reckless driving and related charges
Reckless driving and other driving offenses that can carry criminal penalties of their own.
The Process
How We Handle Your Case
Step 1: Review of the stop and arrest
We review the reason for the stop, the officer's observations, the field tests and any dash or body camera footage.
Step 2: Challenge testing and procedure
We examine the breath or blood test, the timing, the equipment records and whether procedures were followed.
Step 3: License and ASAP guidance
We explain the administrative suspension, restricted-license options and what the alcohol safety program involves.
Step 4: Court representation
We represent you at trial or in negotiations and prepare you for every hearing.
Know the Basics
Virginia Law at a Glance
A few plain-English facts that often matter in these cases. Every situation is different, so talk with a lawyer about yours.
The 0.08 limit
Virginia's per-se limit is 0.08 blood alcohol content (Va. Code § 18.2-266). A driver can also be charged below 0.08 if the Commonwealth claims the driver was impaired.
Implied consent
By driving on Virginia roads, you are deemed to have agreed to a breath or blood test if arrested for DUI (Va. Code § 18.2-268.2). The roadside preliminary breath test is a separate, generally voluntary test.
DUI is a criminal charge
A conviction can bring jail time, fines, license suspension, Virginia Alcohol Safety Action Program (ASAP) enrollment and an ignition interlock requirement.
Two separate tracks
An administrative license suspension can begin at the time of arrest, separate from the criminal case and before you ever see a judge.
This is general information, not legal advice. Laws change; the attorney reviews current Virginia law for your specific case.
Why Clients Call Us
Why Choose Wendell Allen
Attention to the details
Stops, tests and paperwork are reviewed line by line, because that is where DUI cases are won and lost.
Help with driving privileges
We address your license from the first call, not as an afterthought.
Direct communication
You can reach your attorney and get clear answers about what comes next.
Questions
DUI Defense FAQs
Answers to questions we hear often. For advice about your situation, call (804) 358-0368.
It depends on the test. The roadside preliminary breath test is generally voluntary. The breath or blood test after arrest falls under Virginia's implied consent law, and an unreasonable refusal carries its own penalties, including a license suspension. If you have already been charged with refusal, talk to a lawyer about the specific facts.
Possibly. An administrative suspension can begin at arrest, and a conviction carries a license revocation, which is one year for a first offense. Many drivers can ask the court for a restricted license, which usually requires an ignition interlock and ASAP enrollment.
A first DUI is a Class 1 misdemeanor. Penalties can include a mandatory minimum fine, a one-year license revocation, ASAP enrollment and an ignition interlock requirement. A high blood alcohol reading can trigger mandatory jail time. The exact consequences depend on the facts of your case.
Sometimes. Problems with the stop, the testing or the evidence can lead to a dismissal or a reduced charge, such as reckless driving, in some cases. Every case is different, and no attorney can promise a particular outcome.
ASAP is the Virginia Alcohol Safety Action Program, an education and treatment program that is commonly required after a DUI conviction and as a condition of a restricted license. It has its own fees and attendance requirements.
Not during the administrative suspension that can begin at arrest. After that period, and while your case is pending, your license is generally returned unless another suspension applies. After a conviction, you may be able to ask the court for a restricted license to drive to work and other approved places.
Related Services
Where We Serve
We handle dui defense cases for clients in City of Richmond, Henrico County and Chesterfield County, along with the rest of the Richmond region.
Free Consultation
Arrested for DUI? Protect your license and your record.
The sooner you call, the more options you usually have. Tell us what happened and you'll hear back from Wendell Allen's office, not an answering service.
Request a Free Consultation
Tell us briefly what happened. Wendell's office will call you back, or call now at (804) 358-0368.
Do not include confidential details in this form. Submitting does not create an attorney-client relationship.