Rhode Island Drunk Driving Defense Attorneys
- Central Falls
- Alves Law:
Alcohol driving related offenses can have a large impact both in the short and long term. People obtain information from various sources and most times those sources are not attorneys. If you have been charged with such a crime or violation, an attorney can provide very valuable advice regarding how these charges will impact your life.
In Rhode Island, first offense breathalizer refusals are civil in nature and handled at the Rhode Island Traffic Tribunal. A second offense is considered a crime and tried by the Rhode Island criminal courts. Driving under the Influence (DUI) is always a criminal offense. Both of these charges have many penalties, which you should discuss with an attorney before going to court.
- Cranston
- Schreiber & Schreiber:
The first line of defense is to challenge the reason that you were
stopped. There are bad stops! There are many things that you need to do
before appearing before a judge.
- Johnston
- Pitts & Burns:
handles all types of criminal cases, including minor infractions,
misdemeanors and the most serious felony indictments, such as, drunk
driving, drug possession, narcotics sales, theft and grand larceny,
white-collar fraud, embezzlement, sex offenses, arson, and conspiracy.
- Newport
- Sayer Regan Thayer & Flanagan:
DONÕT LET ONE MISTAKE RUIN YOUR LIFE!
In an instant, your night of innocent fun and celebration can turn into a nightmare that may haunt you for years.
It can happen to almost anyone.Ê Maybe you just left a work or going away party.Ê YouÕre late getting home, later than you wanted to be, and you mightÕve been going a little too fast.Ê By the time you saw the police officer it was too late to slow down and he decided to pull you over.Ê You had a few drinks, but you were careful.Ê After a few minutes he asks you to get out of the car because he suspects youÕre drunk.Ê What do you do? Do you know your rights?
- Powderley Criminal Defense:
Rhode Island DUI laws are some of the strictest in the Northeast. Driving under the influence of alcohol, also called DUI, DWI, OUI and drunk driving is one of the most common charges encountered in our criminal justice system. Over recent years, a combination of factors has given rise to harsh new penalties for not only anyone convicted of DUI but also anyone now accused of a DUI. Constant media attention, pressure from lobbying groups such as Mothers Against Drunk Driving (MADD), and legislators running on a war on crime ticket have all lead to a new age of DUI law. With so much at stake, it falls upon a skilled Rhode Island drunk driving defense attorney to defend your rights. Rhode Island drunk driving charges may be prosecuted using one or both of two methods. First, if the prosecution proves that the driver is mentally or physically impaired by the consumption of alcohol and/or drugs. Rhode Island DUI prosecutions under this theory will typically attempt to prove the driver was under the influence of alcohol or drugs by introducing evidence of an impaired driving pattern, poor performance on the standardized field sobriety tests, signs and symptoms of the driver such as red and watery eyes and slurred speech, and chemical test results. All of these, alone and in combination, are used by the government to attempt to show that the driver was under the influence of alcohol or drugs, and that there was mental or physical impairment as the result. Second, the prosecution can precede under the .08% "per se" theory. This law is violated by showing that, at the time of driving, the Rhode Island DUI suspect had a blood or breathe alcohol content of .08% or higher. This crime, which is usually charged along with the traditional DUI offense, is completely unconcerned with whether the driver was intoxicated or not. Thus, the prosecutor's job is made considerably easier and the DUI lawyer's more difficult. Refusing to take the chemical test following arrest for Rhode Island DUI carries its own criminal penalty, which can include a minimum of a six month loss of license, fines, community service, DUI educational classes, and other sanctions. Rhode Island DUI convictions are priorable, which means that if the accused has suffered a prior conviction for a similar crime, or commits a similar crime in the future, the punishment will be increased. Rhode Island has a lookback period of 5 years, meaning that if the prior offense is more than 5 years old, it will not count for purposes of enhancing a current DUI or drunk driving charge. Most Rhode Island DUI charges are misdemeanors; however, a third-offense DUI within 5 years is a felony. Additionally, Rhode Island DUI penalties are enhanced for DUI convictions where the blood or breath alcohol level (BAC) is .15% or higher. Rhode Island DUI punishment includes fines, jail (or jail alternatives, if handled by a knowledgeable DUI defense lawyer), community service, alcohol education programs, and the possibility of an ignition interlock device being installed in each car the Rhode Island DUI offender has access to. Rhode Island DUI convictions also result in separate Rhode Island Division of Motor Vehicles license suspensions.
- Providence
- Robert Craven:
If you're charged with a Driving While Intoxicated offense, it's possible to have your charges dismissed with the assistance of a skilled DWI lawyer. You must act NOW! Click on the red button below and give us a brief amount of information so that we can perform a quick query of the charges against you.
ÊDrunk driving and DWI are common words in our every day speech, which should tell us something about the extent and familiarity of this growing problem. DUI defenders will tell you that the term drunk driving has many official names including, DWI (Driving While Intoxicated), DUI (Driving Under the Influence), and OUI (Operation Under the Influence), and other acronyms OWI, DUIL, DWUI.
- James Howe:
Being arrested for
drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI)
can be an unsettling proposition, to say the least. A DUI - DWI conviction in
Rhode Island carries with it heavy penalties, including:
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A permanent criminal record
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Suspension or loss of license
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Increased insurance rates
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Community service
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Possible jail or prison time
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Alcohol assessment and treatment
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Probation
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Vehicle immobilization or forfeiture
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Serious fines
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Possible job loss
If you have been arrested or accused of drunk driving, DUI, DWI, vehicular
homicide, or any other alcohol-related criminal offense, you need to hire well
qualified legal counsel. The selection of an experienced attorney is the first
step towards regaining control of your life.
- Pelletier & Mirza:
DUI Questions
| What
constitutes 'drunk driving"?
Driving
under the influence of alcohol, as it is usually called, is probably
one of the most commonly committed crimes. Yet, the crime is often
committed by non-criminal types-respectable members of the community
who have never before had any trouble with the law. The driver of a
motor vehicle need not be "drunk" to be convicted of operating or
driving under the influence of alcohol. All that need be shown is that
the driver or operator is affected by the alcohol to the extent which
renders him or her incapable of safely operating a motor vehicle. A
person may not seem to be "drunk" but if his or her reflexes have been
impaired by drinking, he or she can be convicted for driving under the
influence. Under Rhode Island
law, there is no requirement that the driving be on a public road. A
person may be convicted for operating or driving a vehicle anywhere in
the state. It is conceivable that someone could be convicted for
driving under the influence while he or she was pulling in or backing
out of a private driveway or driving in a parking lot. All that need be
shown is that the person was driving and was under the influence of an
intoxicating liquor to a degree that rendered the driver incapable of
safe operation at the time he or she was driving. Under Rhode Island's
drunk driving law, a person can also be found guilty of driving under
the influence if at the time of driving, he or she had a blood alcohol
content of . 1 0 or more. The blood alcohol content becomes the crime
itself. Our new law is known as a per se law.
|
| What happens if I am stopped
by the police for driving under the influence?
If a police officer has reasonable grounds
to believe that you are operating a motor vehicle while under the
influence of an intoxicating liquor, he/she may ask you to perform
certain tests, known as field sobriety tests, to determine whether you
are actually under the influence of an intoxicating liquor. The field
sobriety tests vary in number and kind and each police department
favors certain tests over others. The standardized field sobriety tests
consist of the "one-leg stand" test, the "walk and turn" test, and the
"horizontal gaze nystagmus" test. After completion of the field
sobriety tests, the police officer may, based upon his or her
observations, arrest you for driving under the influence, advise you of
your constitutional rights and ask you to submit to a chemical test.
Most police departments in Rhode Island use a breath test,
although the police actually have the option of giving you either a
breath test, a urine test, or a blood test. Under Rhode Island
law, you have the right to refuse to take any of the chemical
tests.
| |
What happens if I refuse to take a chemical test?
In Rhode Island,
anyone who operates a motor vehicle is deemed to have given his/her
consent to take a chemical test if a police officer reasonably believes
that person is driving under the influence of an intoxicating liquor.
The following administrative as opposed to criminal, penalties will be
imposed after a hearing if you refuse to take a chemical test and are a
first-time offender: A. a minimum fine of $200-$500; B. a highway
assessment fee of $500; C. a criminal/juvenile justice information
system's fee of $147; D. 3 to 6 months loss of license; E. 1 0 to 60
hours of community service; and F. attendance at a special course for
those convicted of driving while intoxicated. in addition, after the
suspension period has expired you will have to pay a reinstatement fee
and additional assessments prior to license reinstatement. The
administrative penalties are mandatory and cannot be suspended or
reduced by an Administrative judge. There are further and stricter
penalties for subsequent violations for the same offense. Some police
departments are satisfied with an administrative conviction for refusal
to submit to a chemical test. Other police departments prosecute
criminally for driving under the influence even without the benefit of
a breath, blood or urine test evidence. Some police departments will
prosecute a suspected drunk driver both administratively (for refusal)
and criminally (for DWI). |
| What happens if I agree to
take a chemical test?
As previously stated, most police departments use breath
testing equipment to test the amount of alcohol in a person's blood.
The machines test the amount of alcohol a person has in his or her
lungs, and make a mathematical computation to convert breath alcohol to
blood alcohol. If you agree to take the test the police will have a
certified breath test operator utilizing certified breath-testing
equipment. The breath test consists of two phases, that is, two
separate readings are taken at least 30 minutes apart. If your blood-
alcohol content (BAC) level is . 1 0 or greater, the police have strong
rebuttal evidence of your guilt of driving under the influence. At
trial, the court is allowed to draw the inference that BAC at the time
you were driving was the same as when the test was administered. If you
agree to take the breath test, the police must advise you of your right
to have an additional test taken at your own expense, and the police
must give you reasonable opportunity to exercise this right. In
addition, in both refusal cases and in drunk driving cases, the police
must advise you immediately after your arrest of your right to be
examined by a physician of your choosing at your expense.
|
| What happens if the readings
indicate that I am intoxicated?
In Rhode
Island chemical test readings of .1 0 or more
are sufficient, without any further evidence, to sustain a conviction
for driving under the influence of alcohol. You-, of course, have the
right to present evidence to rebut any evidence of intoxication
including evidence which rebuts or calls into question the chemical
test result. This rebuttal evidence can take many forms and an attorney
should be consulted with respect to preparing a defense on any charge
of driving under the influence.
|
| What happens if I am found
guilty of driving under the influence?
Driving under the influence is a criminal
offense. The minimum penalties for driving under the influence are as
follows: A. a fine of $100-$300; B. 1 0 to 60 hours of community
service; C. 3 to 6 months loss of license and/or up to one year in
jail; D. a $500 highway assessment fee; E. a criminal/juvenile justice
information system's fee of $147.00; and F. attendance at a special
course for those convicted of driving while intoxicated. There are
stricter penalties, including a mandatory jail sentence, for second and
subsequent violations and convictions. All of the criminal penalties,
including jail sentences for second and third convictions, are
mandatory and cannot be suspended or reduced by a judge.
|
- Louis Serio:
There are very important decisions to be made related to blood tests, breath
tests, and a doctor's examination immediately after being arrested.
- John
Tarantino: Bibliography
- Warwick
- Edward Corvese:
Facing a criminal charge or drunk driving citation can be
very overwhelming.
- Michael Delsignore:
The consequences of a plea are severe. You will be subject to a loss of license; your insurance rates will likely be increased and you will face enhanced penalties for a second offense. Further, if you drive while your license is suspended for DUI, you will be subject to mandatory jail time. The consequences of an OUI or DUI conviction could not be more severe and changes to the law will only increase the consequences of a conviction.
- Don P. Moyer:
If you have been charged with a criminal action, it is important to immediately retain an attorney to protect your constitutional rights.
- Jan Head
Drunk driving is not a social problem, it is a crime. The biggest problem to
the individual charged with DUI is that it is one of the few crimes where the
primary evidence against you is provided by you, yourself and without your
consent. This is done by your mannerisms at the time you're stopped, your
speech pattern, field sobriety test, the breath test, and in the case of an
accident sometimes a blood test.
- Hagopian Law Office:
Rhode Island does not have a procedure for certification or
recognition of specialization of attorneys.
- Westerly
- Marc Page:
You should consult an attorney for individual advice regarding your own situation.
- Woonsocket
- Richard Kyte:
You should consult an attorney for individual advice regarding your own situation.
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