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Richmond Criminal Defense & DUI Lawyer

If you are facing criminal charges, a Richmond criminal defense & DUI lawyer could help you to understand the nature of the offenses filed against you and work to plan an approach that will help protect your rights. No matter the circumstances of a case, our experienced attorneys will stand with their clients to navigate the investigation and courtroom proceedings while creating an aggressive defense strategy.

Crime in the City of Richmond

As the capital of Virginia and its fourth largest city, Richmond has its fair share of crime. While many arrests are made before all the facts have been gathered, an experienced attorney could help anyone accused of an infraction to gather evidence.

Whether someone has been accused of traffic charges, embezzlement, or a violent crime like homicide or rape, a criminal defense & DUI attorney in Richmond will protect their rights to a fair trial and will argue their case aggressively in the courtroom. While it can be tempting to defend yourself to a police officer, it is vital that you do not discuss the details of your case with anyone until you talk to your lawyer. This is the best way to ensure that something you say during a stressful and frightening time cannot be used against you later.

Client Testimonials

Excellent Lawyer

★★★★★

Mr. Braswell truly represented me in this case with such fervor and dedication. In a time that was extremely hard…

Exceptional Attorney

★★★★★

Nicholas Braswell is an exceptional attorney and someone that I would highly recommend. He listens carefully and understands the client's…

Alex L

★★★★★

Nicholas Braswell is a passionate criminal defense attorney who really cares about his clients and invests his time and energy…

Andy B

★★★★★

Nick is a very knowledgeable attorney and a true advocate for his clients. He always goes the extra mile to…

Wonderful Attorney

★★★★★

I found Mr. Braswell after I was charged with petit larceny. He was very kind and honest with me, and…

Outstanding!

★★★★★

Mr. Braswell demonstrated a high caliber of professionalism and in-depth knowledge regarding my case. He thoroughly explained every aspect of…

Great Reliable Lawyer

★★★★★

I hired Nick for a case I had in Virginia and being from Philadelphia Nick mad my life a lot…

Great Attorney

★★★★★

I am a 55 year old professional woman. The fact that I even needed a criminal lawyer was embarrassing, stressful,…

Great Legal Representation

★★★★★

My experience with Mr. Braswell was excellent and I couldn't have had a better outcome in the courtroom. I had…

Easy to Work With

★★★★★

I was ticketed in Virginia for a moving violation and hired attorney Nicholas Braswell to defend me. He worked with…

Practice Areas

There are several reasons one may be charged with a crime including mistaken identity, false accusations, lack of restraint, poor judgment, or feeling that one had no other choice but to commit certain actions. Regardless of the circumstances that led to a criminal charge our lawyers are available to help.

Traffic Offenses in Richmond, VA

While many traffic violations constitute minor infractions, some more serious offenses can be charged criminally. Common criminal offenses include:

If someone is convicted of a traffic misdemeanor or felony, they could have their license suspended or revoked, receive a fine, and face jail time. Whether or not they are guilty, these charges can create enormous stress as they face the trial process and the possibility of a conviction. However, our tenacious criminal defense lawyers could rigorously defend their rights and help them create an aggressive defense strategy.

Driving Under the Influence

If you are facing charges for driving under the influence of alcohol or drugs in Richmond as a civilian, commercial driver, a criminal defense & DUI lawyer can help explain the laws the apply to your specific circumstances and help you craft a defense strategy for your case. Some of the most common penalties associated with DWI offenses in Virginia include:

Jail time
Fines
License Suspension
Counseling Programs

However, the burden of proof for criminal charges lies with the prosecution. Therefore, it is important to examine all evidence involved in a case, including blood alcohol levels, the definition of driving, and the initial reason for the stop in order to build a defense strategy. An experienced criminal defense attorney in Richmond can also assist in protecting the rights of those arrested or accused of a DUI throughout the legal process while ensuring that they know what to expect at each step.

Once an officer has probable cause to first stop you, then to arrest you on suspicion of DUI, you will be taken to the police station, where a BAC test will be administered. Most of the time, it is a breathalyzer test, but under some circumstances, your blood could be drawn. You have the right to refuse any such test, but a penalty for refusal is immediate and involves the loss of your driver’s license for a year [Section 18.2-268.3]. Due to this statutory penalty, you may not apply to the DMV for a restricted license if convicted.

How a Richmond DUI Lawyer Might Refute Evidence

Even though BAC tests seem like strong evidence for a DUI charge, they are not bulletproof. Criminal defense attorneys in Richmond have successfully had them thrown out on many grounds, such as procedural errors in conducting the test, improper maintenance of chain of custody of evidence, and breathalyzer device errors.

Maybe the device was not properly calibrated, or an unqualified person operated the testing device. If you were administered a blood (or urine) test, the sample may have been mishandled or contaminated during storage. All evidentiary steps must be strictly followed by law enforcement. Otherwise, it can be effectively challenged by a skilled attorney in court.

An attorney can also challenge the probative value of field sobriety tests, which are not necessarily good indicators of impairment, particularly if the officer does not administer the tests correctly. Furthermore, they can explain common myths associated with these cases.

Scholarship

Attorney Nicholas Braswell has created the Strong Roots Scholarship to discuss what it takes to build healthy communities and why community development is important. This scholarship will award one student $500 to use towards their education. If you are interested in learning more about this scholarship opportunity, visit our scholarship page.

Congratulations to our 2019 Strong Roots scholarship winner, Aryann Farano.

For those interested in learning more about the legal field through hands-on experience, visit our opportunities page to check out the various jobs and internships available at our law offices.

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DUI Charges in Richmond, VA

Individuals suspected of driving under the influence can be stopped on any street or thoroughfare, such as the I-95 Richmond/Petersburg turnpike. It is not unusual to see DUI traffic stops anywhere along Broad Street, from downtown past Virginia Commonwealth University, due to the high concentration of entertainment venues. Any DUI or DWI charge can benefit from the scrutiny of a seasoned Richmond DUI lawyer.

The charges apply to any form of the offense—whether it is a first, second, or third offense—if a substance causes physical or mental impairment, such as:

Blood Alcohol Content (BAC) of 0.08 or above
In the opinion of the arresting officer, you are “under the influence of alcohol” that affects your ability to drive safely, even if your BAC is less than 0.08
You appear to be under the influence of any drug, in the opinion of the arresting officer, which is later confirmed by a blood chemical test
You are found to be under the influence of both drugs and alcohol

Your driver’s license is immediately suspended upon being charged, and you must petition the Virginia Department of Motor Vehicles (DMV) for temporary (and sometimes restricted) reinstatement. Ignition interlock devices (IIDs) must be installed on your vehicle even on a first offense if you wish to obtain a restricted license to get to and from work and other requirements of day to day life. [Section 18.2-270.1].

Additionally, if a person is on probation when they are charged with a DUI, the circumstances of their probation can be negatively impacted by this new charge.

Our Attorneys

Nicholas Braswell

Steve Duckett

Karin Porter

Updated Penalties for DUI in Richmond

In January 2014, a new sentencing schedule for DUI/DWI convictions went into effect. As a result, several factors determine a person’s penalties upon conviction, which include:

Your BAC level (you can now be convicted of DUI with a BAC of less than 0.08)
The number of previous “intoxication” convictions over a 15-year “look-back” period prior to the current charge, which could add more minimum jail time to your sentence
Whether there were any minors in the vehicle when you were arrested.

An individual’s first DUI is charged as a class 1 misdemeanor and carries a penalty of up to 12 months of jail time and/or a fine as high as $2,500. A statutory one-year license suspension is also included in your punishment. A second conviction produces a minimum fine of $500 and maximum $2,500, up to one year in jail (and a 20-to 40-day mandatory minimum sentence) and a three-year suspension of the convicted person’s driver’s license. A third brings a fine of between $1,000 and $2,500, a mandatory minimum jail sentence of six months (to a year), and indefinite license suspension [Section 18.2-270]. Additionally, a person may need to attend an educational class or counseling program.

Furthermore, minors (under age 21) who are convicted of DUI are subject to special statutes for a violation. They can be convicted of any DUI with a BAC as low as 0.02 percent [Section 18.2-266.1]). These underage DUI penalties can bring:

A fine of $500
A one-year driver’s license suspension
50 hours of community service.
Adult penalties if the BAC is 0.08