Drug Defense in Richmond

Trial-Tested Drug Defense Backed by Over a Decade of Experience

A driving under the influence of drugs charge can involve prescription medication, cannabis, an illegal drug, over-the-counter medicine, or drugs combined with alcohol. We represent people facing these allegations in Richmond and throughout Virginia, focusing on how officers identified impairment and how biological evidence was collected and tested.

Finding a substance in a blood sample isn’t necessarily the same as proving impaired driving. The prosecution’s burden depends on the part of the DUI statute charged, the reported concentration, officer observations, laboratory findings, and the alleged connection between the substance and unsafe driving. With more than 1,000 cases handled, we know how to assess those details within the broader evidence.

Call (804) 265-4441 for a free consultation about your DUI drugs charge and the evidence that may shape your defense.

Virginia Law on Driving Under the Influence of Drugs

Virginia Code § 18.2-266 prohibits driving while under the influence of a narcotic drug or another self-administered intoxicant or drug to a degree that impairs safe driving. It also covers impairment caused by alcohol and drugs together. A legal prescription doesn’t automatically prevent a charge if the medication allegedly affected the person’s ability to drive safely.

The statute also establishes blood-concentration thresholds for certain substances. Under this theory, the reported amount becomes a central issue rather than one piece of impairment evidence.

The listed blood concentrations are:

• Cocaine: 0.02 milligrams per liter of blood
• Methamphetamine: 0.1 milligrams per liter of blood
• Phencyclidine: 0.01 milligrams per liter of blood
• MDMA: 0.1 milligrams per liter of blood

The charging document and test results must be reviewed together because the statute permits different theories of prosecution. For an impairment-based allegation, relevant questions may include the medication, dosage, timing, medical instructions, observed behavior, and whether another condition could explain the reported signs.

How Drug Investigations Build Evidence

An investigation may begin with reported lane movement, a collision, a traffic violation, or observations during a stop. Officers may document speech, balance, coordination, eye movements, statements, medication containers, and performance during a field sobriety evaluation.

Richmond Police Department DUI/DUID procedures address blood testing when observed impairment appears inconsistent with a breath-alcohol result and officers suspect drugs. When the policy applies, the investigation may also involve a drug-recognition expert, an officer trained to conduct a structured evaluation for possible drug impairment, if the breath result is below 0.08 percent.

Our evidence review may examine:

• Reason for the stop: What the officer observed before initiating contact
• Evaluation conditions: When and where testing occurred, how instructions were given, and what the reports record
• Blood collection: Who collected the sample, when it was drawn, and how it was labeled and stored
• Chain of custody: The documented path showing who possessed and handled the sample from collection through testing
• Laboratory analysis: The methods used, reported concentration, documentation, and interpretation of the findings
• Alternative explanations: Medical treatment, illness, fatigue, injury, or other facts relevant to the reported observations

We examine the complete sequence rather than treating one test result as conclusive. Defense options depend on the statutory theory, the available records, and the circumstances surrounding the stop, evaluation, arrest, and blood drug testing.

Potential Consequences of a Drug Conviction

A first DUI conviction is generally a Class 1 misdemeanor. It can carry a mandatory minimum fine of $250, a 12-month driver’s license suspension, and possible jail time, subject to the charged facts and applicable law. Education or treatment through the Virginia Alcohol Safety Action Program may also be required.

Prior qualifying convictions, specified blood concentrations, a collision, injuries, and other statutory factors can make the case more serious. A conviction may also affect employment, insurance, professional responsibilities, and access to daily transportation. Because a first allegation and a repeat allegation don’t carry identical exposure, each requires a separate analysis.

Personalized Representation From Charge Through Trial

Our attorney, Taylor B. Stone, brings over a decade of experience in criminal law and traffic law. As a solo practice, we provide direct attention and responsive communication while preparing each case for negotiation or courtroom litigation.

Before your consultation, gather your summons or warrant, release paperwork, court date, medication list, relevant medical records, and any documents from the traffic stop or blood draw. Contact us promptly because some records may take time to identify and obtain.

Get Clarity About the Charge & Your Next Steps

Attorney Taylor B. Stone was selected to Super Lawyers® from 2024 through 2026 and Rising Stars™ in 2008, 2010, and 2011. We offer free consultations and virtual consultations, giving clients a convenient way to discuss the evidence, applicable legal theories, and upcoming obligations.

Contact us with your charge information, court date, and immediate concerns. We can review the available details and explain the options that fit the facts of your case.

Call (804) 265-4441 to speak with Janus & Stone about your drugged driving case.