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McLean DUI Lawyers

1. Magee Law Firm: DUI/DWI There is no distinction between ÒDUIÓ and ÒDWIÓ in Virginia Ð both terms refer to operating a motor vehicle under the influence of alcohol or other intoxicants. A conviction of driving under the influence can be an overwhelming burden on oneÕs livelihood and family life. Even a first offense requires that a driverÕs license be suspended for 12 months, for which restricted privileges may or may not be granted, and an interlock device may be required. A second offense requires a three-year suspension of oneÕs license, with no possibility of restricted privileges for at least four months (on a second offense within 10 years) or a full year (on a second offense within 5 years). In addition to a felony conviction and substantial mandatory jail time on a third offense, the law requires that the individualÕs license be revoked indefinitely, with no possibility of restoration on a restricted basis until after three years, and no possibility of full restoration until after five years. If you are convicted of DUI, you could easily face expenses in excess of $20,000 over the three years following the conviction, including fines, court costs, alcohol class fees, ignition interlock installation, and increased insurance premiums. Therefore it is worth investing in a capable attorney who can protect your legal rights. It is important to hire counsel who is knowledgeable about the issues presented in each case, and is familiar with the prosecutors and the judges.
2. Roche, Brien: The standard of proof in a criminal case is what is referred to as proof beyond a reasonable doubt. Proof beyond a reasonable doubt is a higher standard than either preponderance of the evidence or the clear and convincing standard. Proof beyond a reasonable doubt does not mean that the jury has to be absolutely certain of the defendantÕs guilt, but if a juror has a reasonable doubt as to whether the defendant is guilty then that juror should vote not guilty. Since a unanimous verdict is required in most jurisdictions in a criminal case, one juror with reasonable doubt can hang up a jury and prevent the government from getting a conviction. If the jury deliberations result in an eleven to one vote in favor of conviction (guilty), then typically the trial court will, on motion of the government, declare a mistrial and thereby allow the government to re-try the case.