Blood alcohol concentration limits

Virginia refers to drunk driving as DUI or driving under the influence, and typically measures DUI by blood alcohol concentration (BAC.)  In the commonwealth of Virginia, the blood alcohol content limits for a person twenty-one years or older is .08%.  If you are younger than 21, the legal limit is .02%. For commercial drivers the BAC limit is .04%.

Administrative license suspension

A first offense DUI charge results in an administrative license suspension for 7 days.  If charged as a DUI, second offense, the administrative suspension is for 60 days.

DUI penalties

Virginia DUI penalties vary depending on whether this is a first offense or if you’ve had previous DUI convictions. If you’ve been convicted of a DUI offense in the past, the court will consider the number of convictions, the time period in which they occurred, and the BAC at the time of arrest.

A first DUI offense is considered a Class 1 misdemeanor and punishment will include the following:

• $250 – $2500 fine
• Up to 12 months in jail

Additionally a conviction comes with other requirements to include

• License revocation for 1 year (with a restricted license potentially authorized upon installation of an ignition interlock device), and
• Court-ordered attendance of Alcohol Safety Action Program (ASAP) classes

If you are an adult, but younger than 21 years charged with a DUI you face a minimum $500 fine, or minimum 50 hours of community service.

Subsequent DUI convictions will include all first offense penalties outlined above, but also include additional mandatory jail time, significantly higher fines, and longer license suspensions or revocation, and may also include felony charges.

A DUI conviction with a BAC of .15% or above, or driving under the influence with a minor in the car will result in mandatory jail time.

Should you take a roadside sobriety test?

When law enforcement asks you to get out of the vehicle to conduct a roadside sobriety test or standardized field sobriety test, it is to provide evidence that you are intoxicated.  You may refuse.  In the Commonwealth of Virginia, there are no additional penalties for refusing to take the field sobriety test.  Refusing to submit to the test may help your case by giving the prosecutor “less evidence” to show that you were driving under the influence.  However, it is likely if you refuse to take the test, the officer will arrest you.

The preliminary breath test (PBT)

A police officer will typically ask you if you would agree to take a preliminary breath test, explaining that the results cannot be used as evidence against you.  While this is true, a breath test result above the legal limit will be used a probable cause for your arrest, and if requested properly, limits your ability to challenge the arrest through a motion to suppress.

Should you take a breathalyzer test?

Upon arrival to the police station or detention center, the police officer will read you the “implied consent statute” which means that, because you travel upon the public roads of Virginia you consent to a breath test upon a valid arrest.  If you do not take the test, you will likely be charged with refusal, which means that, if convicted you will lose your privilege to drive for one year without the possibility of a restricted license.  Additionally, you will also likely be charged with the DUI.  If you have had a prior DUI or a prior refusal conviction, a refusal may be charged as a class 1 misdemeanor.  Upon a refusal the police may also opt to seek a search warrant to conduct a blood draw, usually transporting you to a local hospital.

There are certainly legal challenges to the results of a breath test, however, overtime the improvements in the certification process and quality control of the machines has limited the success of these challenges.

Speak to an experienced Virginia DUI defense lawyer

Being charged with DUI is a serious offense that carries severe penalties that can affect your freedom and your bank account. A DUI conviction may impact your ability to find a job or maintain employment, especially if a clean driving record or the absence of a criminal record is a job requirement. You can expect your car insurance rate to increase significantly, you may even be dropped by your insurer, or have difficulty obtaining auto insurance coverage.  The most important thing you can do if arrested for a DUI, is contact a criminal defense attorney with expertise in DUI cases.

About Sparrow Miller PLLC

Attorneys Dusty Sparrow-Reed and William Miller practice criminal defense and family law.  They bring a wealth of knowledge, expertise, and trial experience to the table.  They understand that all cases are “big” to the individual at risk or experiencing the breakdown of their marriage and family.  “We have the wisdom and experience that you’re looking for to ensure your interests are protected, and the legal skills to get the job done.”

For more information about DUI defense and criminal law and representation, contact our office today at 703.875.8780, or visit our website:  www.SparrowMiller.com.

The post I’ve Been Charged With a DUI in Virginia… Get the Facts first appeared on Sparrow Reed.

Good co-parents make it a point to put the children first, set aside anger, see the other’s point of view, and foster the children’s relationship with the other parent. But all too often, good co-parenting is not the reality. Whether it stems from anger, hurt, jealousy, sadness, or other strong emotions, sometimes one parent will try and manipulate their children to dislike or harbor bad feelings towards the other parent.

What is parental alienation?

Parental alienation is the programming of a child by one parent to denigrate the other targeted parent in an effort to undermine and interfere with the child’s relationship with that parent. It is often a sign of a parent’s inability to separate from the couple conflict and focus on the needs of the child.  Such denigration results in the child’s emotional rejection of the targeted parent, and the loss of a capable and loving parent from the life of the child.

Parental alienation can take place in many forms and can even be carried out unwittingly. More often than not, however, it is a tool used by one of the parties to drive a wedge between the child and his/her other parent.  It may also be referred to, in layman’s terms, as “parental brainwashing.”

This process is often accomplished through trash talk, lies, misrepresentation, and isolation. Parental alienation may start with something as simple as complaining about an ex-spouse in front of a child and grow in severity as problems between the couple escalate before, during, and after the divorce. The purpose of this psychological alienation is to bring the child closer to the offending parent by driving them away from the targeted parent.

There are 4 distinct ideas that are common when parental alienation tactics are being used by a parent. These include the following:

• That only they love the child and without them, the child will have no self-esteem or self-worth.
• Not only is the other parent not available to help the child feel good about themselves but they are also dangerous for the child to be around.
• It’s the other parent’s fault that the family isn’t together anymore.
• If the child wants to attempt to pursue a relationship with the alienated parent, the relationship with the alienator will be put at significant risk – in other words, it’s either him/her or me!

Victims of parental alienation often become fearful and mistrustful of the alienated parent. Because children are easily influenced and suggestable, they struggle to see the “gray area” in this conflict. Instead, they are groomed to see one parent as “good” and the other as “bad.”

Tell-tale signs of parental alienation

It isn’t uncommon for parents to criticize their spouse in front of their child in a moment of frustration. A child may also overhear arguments or misinterpret events. So, how do you distinguish parental alienation from an everyday, ill-timed dispute?

Keep an eye out for these clear and common signs of parental alienation:

• Discussing, sharing, and updating the child regarding the couple’s relationship and separation or divorce. This sign goes beyond “over-sharing.” It is a calculated attempt to influence the child’s perception of each parent.
• Denying or attempting to deny the other parent access to the child’s school and medical records.
• Refusing to share important information about the child’s performance in school, his or her schedules, and upcoming events with the other parent.
• Creating code-words and signals with the child when discussing the other parent.
• Openly blaming the other parent for any and all problems.
• Not allowing the child to bring personal items to the other parent’s residence.
• Instructing the child to pick a favorite parent or to choose just one parent.
• Asking the child to monitor the other parent and report back.
• Scheduling fun events and activities during the child’s time with the other parent so he or she will not want to go.
• Withdrawing from and ignoring a child when he or she mentions the other parent in a positive way.
• Monitoring the child’s phone conversations, texts, Skype, and email with the other parent.
• Offering the child a choice, to visit the other parent or not, when the court order does not allow for a choice.

Steps to prevent parental alienation

While you may feel helpless if you are the victim of parental alienation, there are some steps you can take to prevent the situation from getting worse.

1. Be the best parent you can be:  No matter how much your child tries to hurt you, never fight back. Continue to be the best parent you can be at all times. Your child is a victim just as you are. Never lash out through anger, no matter how difficult it might be, especially when your child is lashing out at you. Always try to reinforce your love for your child, even though he/she might not reciprocate. And always be there for your child in the times that they might need you.
2. Never stop trying to get into contact with your child:  It is possible that you may be denied total contact with your child by the other parent. Don’t give up, be it sending gifts, trying to phone, or even visiting. If you do stop trying, it will give the other parent an opportunity to paint you in a worse light, perhaps even suggesting that you do not care about your child. Always make an effort to stay in contact with him/her.
3. Don’t blame your kids:  Parental alienation is a difficult and complicated situation. At no time should you blame your child for what is happening. Remember that he/she is being manipulated.
4. Don’t retaliate by alienating your spouse:  If you start to notice your ex-spouse manipulating your child against you, do not reciprocate with your own manipulation. This creates even more turmoil for your child and may leave him/her feeling confused and abandoned. Never ask your child to take sides. This issue is between you and your child’s other parent, not you and your child.
5. Seek legal help when needed:  In certain parental alienation circumstances, legal counsel can be a great help. This is especially true if your ex-spouse is denying you visitation rights that were already granted through a court order.  In this regard, it is imperative for you to keep accurate records of when visitations were denied and consult your attorney.

About Sparrow Miller PLLC

Attorneys Dusty Sparrow-Reed and William Miller practice criminal defense and family law.  They bring a wealth of knowledge, expertise, and trial experience to the table.  They understand that all cases are “big” to the individual at risk or experiencing the breakdown of their marriage and family.  “We have the wisdom and experience that you’re looking for to ensure your interests are protected, and the legal skills to get the job done.”

For more information about parental alienation, divorce, spousal support, custody and visitation, and family law, contact our office today at 703.875.8780, or visit our website:  www.SparrowMiller.com.

The post Avoiding Parental Alienation first appeared on Sparrow Reed.

You don’t have to walk the same path that many others have. Knowledge is power and you can dodge these top 10 mistakes that are commonly made during divorce proceedings.

1. Not listening to your attorney

 Not all divorce advice should be treated equally.  Friends and family, trying to support you, are full of ideas and advice and often not afraid to offer it.  Remember, they are not lawyers and they may not know about everything in your marriage and what you’ve been dealing with.  Your attorney is the best source of legal advice for the issues and circumstances affecting your divorce. Choose your attorney carefully.  You want someone who understands you and your specific circumstances. This is the person whose advice actually matters. Your attorney will protect both your interests and your rights.

2. Starting your case aggressively

Remember, your goal is to divorce, not go to war.  It’s probably not in your best interest to start your case by going on the attack. If you do, your spouse is likely to attack you in return. Starting aggressively can burn through money, fill your life with drama, and leave you bitter about the spouse with whom you may have to work in the future on matters concerning your children.  Let your attorney take the lead and follow his/her advice.

3. Failing to understand that divorce is a marathon instead of a sprint

If someone tells you that divorce is easy or fast, take it with a grain of salt. While there are uncontested options, the process can quickly become contentious.  It is rarely as smooth and amicable as you might hope.  Divorce often costs more and takes longer than you might think. You and your attorney will need to work through the process and that takes time.  An experienced family law attorney will guide you through each step and protect your rights.

4. Keeping your kids in the dark

Nothing is more frightening to children than not knowing what is going on.  Be open with your kids. They want and need information. Keeping your children in the dark doesn’t spare their feelings, it makes them worry.  Explain how the separation and divorce will impact their day-to-day lives, and if at all possible, include your spouse in this discussion. Listen to what your children have to say, their fears and concerns, and answer any and all questions honestly.  Don’t assume that all is fine with the kids just because they aren’t asking questions or exhibiting problem behaviors.

5. Not understanding custody

Failing to understand custody and what will work best for your situation may be a big mistake.  Physical custody will be where your children live the majority of the time. Legal custody gives you the authority to make certain decisions on their behalf about things like education, religion, and medical decisions. Visitation or access is the amount of time legally spent with your children. Make sure your attorney has all the information about you, your spouse, and your kids, and understands what you want for your children.

6. Failing to make the effort to collect complete financial information

While it’s possible to settle a case without collecting all the financial details of your spouse, it’s not something that a family law attorney would ever recommend. After all, you can’t equitably divide something if you don’t know what is there in the first place. Work with your attorney and take the time to collect and completely understand your finances and your spouse’s finances before the case is settled.

7. Using social media as a public divorce forum

Don’t post anything about your divorce on social media that you wouldn’t want to see discussed in court. No matter how frustrated you may be, don’t let your emotions get the better of you.  Cyberspace is not the place to litigate your divorce. Remember that your children may also be on social media and you don’t want them to see negative or inflammatory information about their other parent.  Many cases have been destroyed over Facebook, Instagram or Twitter posts. Even if the post has been deleted, anything posted online exists forever and digital forensics has become a major source of evidence in most divorce cases.

8. Choosing to fight battles instead of the war

Choosing to fight over a small stipulation in child or spousal support and paying thousands of dollars in legal fees in the process is fighting the wrong battle. In the end, it is not worth it. Listen to your attorney’s advice and focus on what really matters in the big picture.

9. Signing documents without understanding them

Even if you trust your attorney and he/she wrote your divorce documents, it’s foolish to sign something without reading and completely understanding it. If you don’t understand a document, then take the time to ask your attorney to explain it to you, and keep asking until you are satisfied.

10. Failing to plan for life after the divorce

Divorce can be expensive and money can be tight, but it’s always important to think beyond the present.  Work with your accountant, and financial adviser to create a financial plan for after your divorce. This will help provide guidance and clarity with respect to your assets, income, expenses, liabilities, and tax ramifications, and help you make decisions about things like keeping or selling your home, receiving alimony and/or child support, acquiring life insurance, and taking investment assets over retirement assets.  Once you understand the numbers, you can move forward and create an affordable budget for your future.

Final Thoughts

Divorce is an emotional time and it’s easy to make mistakes that may come back to haunt you in the future. Keep a level head. Consult your attorney and don’t be afraid to ask questions.  Being thorough now, will make your life much easier after the divorce is final.

About Sparrow Miller PLLC

Attorneys Dusty Sparrow-Reed and William Miller practice criminal defense and family law.  They bring a wealth of knowledge, expertise, and trial experience to the table.  They understand that all cases are “big” to the individual at risk or experiencing the breakdown of their marriage and family.  “We have the wisdom and experience that you’re looking for to ensure your interests are protected, and the legal skills to get the job done.”

The post 10 Mistakes You Should Avoid During a Divorce first appeared on Sparrow Reed.