Newport DUI Lawyers
- Dwyer Law:
misdemeanors and felonies, DUI, DWI, drugs and traffic violations
- Perkins, Susan:
Facing the immediate threat of losing your license, and knowing that losing your drivers license can have a severe impact on you and your family...
- Sayer Regan Thayer:
DON’T 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. Maybe you just left a work or going away party. You’re late getting home, later than you wanted to be, and you might’ve been going a little too fast. By the time you saw the police officer it was too late to slow down and he decided to pull you over. You had a few drinks, but you were careful. After a few minutes he asks you to get out of the car because he suspects you’re drunk. 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.
Return to Rhode Island DUI Lawyers
|