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Providence DUI Lawyers

  1. Perkins, Susan: When it comes to criminal law cases, an experienced and effective criminal defense attorney can mean the difference between a prison sentence and reduced or dismissed charges. Even in less serious cases, a good criminal defense attorney can have a serious impact on the outcome of the case by ensuring that the rights of the accused are protected throughout the legal process. <
  2. Bank, Chad: If you or a loved one has been arrested or accused of a crime, you are most likely feeling frightened, ashamed, confused and concerned about your future. An arrest can also be emotionally draining for you and your family. Don't let a false accusation or a one time mistake ruin your life, take away your freedom or place your reputation at risk. That's why you need to talk to an experienced, knowledgeable and dedicated lawyer who is committed to protecting your legal rights. The consequences of a criminal charge can be extremely serious and life altering. Depending on the type of charge, the potential penalties can differ tremendously. If convicted an accused could be sentenced by a Judge to fines, community service, probation, a suspended sentence and possibly, JAIL. Not to mention the black mark a conviction would have on your criminal record, and how that black mark could affect your job, family and reputation.
  3. Savage, Lane: Rhode Island DUI Penalties: Fine: up to $500 Community service: up to 60 hoursDriver’s license suspension Jail: up to 1 year Penalties increase according to BAC, second and third convictions result in mandatory jail terms Massachusetts DUI Penalties First Offense Fine: up to $5,000 Jail: up to 2½ years Driver's license suspension: up to 1 year Second Offense Fine: up to $10,000 Jail: 30 days to 2½ years Driver's license suspension: up to 2 years Have you been charged with DUI/OUI/DWI- Driving Under the Influence of Alcohol? If you have, you will need an aggressive defense attorney to strenuously defend and assert your rights, because a conviction may affect you in the future. Attorney Layne C. Savage offers a free consultation to discuss and evaluate your charge(s), and has offices in Bristol and Providence, or can meet with you closer to where you are located if necessary. If you have been charged with DUI and Refusal of breathalyzer test in Rhode Island, you need competent advice on how to proceed following these charges.
  4. Lamy, Joseph: DUI In Rhode Island, driving while intoxicated (DUI) is a misdemeanor for first time offenders. If the police pull you over under the suspicion of drunk driving, they may ask you to take a breathalyzer test. Anyone driving on the roads in Rhode Island is presumed to have given consent to a breathalyzer test. You do NOT have to submit to a breathalyzer test. If you refuse, however, the police will likely charge you with a second separate offense for refusal to submit to a breathalyzer. In addition, refusal to take a breathalyzer exam will result in suspension of your license. If you do submit to the test, the results can be used against you in Court, and this result may be enough to support a conviction. You should also know that Rhode Island has recently adopted a law mandating breathalyzer tests for all drivers suspected of DUI (link to my blog post regarding this new law) if they have caused an accident resulting in serious bodily injury. Defenses First, you must know that police require probable cause to pull you over. The most common basis for a traffic stop is a moving violation such as speeding, red light violation, or improper lane change. One defense that can be presented is that the police had no justification to pull you over in the first place. A Motion to Suppress can be filed, and if successful, the case can be won on the grounds that the police had no right to pull you over. The police would not know of the DUI if not for an inappropriate traffic stop. If you submitted to a breathalyzer test and failed, the case is not necessarily lost. Rhode Island State law requires that breathalyzer tests be performed in a proper and timely fashion and reported to appropriate authorities. If the police failed to comply with these statutory requirements, then the results of the breathalyzer may be inadmissible. Also, a failed breathalyzer test may be inadmissible if the equipment was not properly calibrated or cared for. There is a margin of error for these tests that may reduce the credibility of the results. Penalties The following is a summary of the guidelines for DUI penalties in RI. Additional charges will be added if the DUI results in serious bodily injury. These numbers can be affected by your prior criminal record, if any, and other circumstances. First Offense - Blood alcohol content between .08-.10 1. Fine ranging from $100-$300 in addition to court costs and penalties 2. Suspended license for up to six months 3. Possible jail time 4. Possible community service First Offense - Blood alcohol content between .10-.15 1. Fine $100-$400 in addition to court costs and penalties 2. Possible jail time no greater than one year 3. Possible community service 4. Suspended license for up to 12 months First Offense - Blood alcohol content of .15 or Higher 1. Fine $500 in addition to court costs and penalties 2. One year in jail or 20-60 hours of community service 3. Suspended license for up to 18 months 4. Participation in a drunk driving course or drug or alcohol treatment plan Second Offense - Blood alcohol content between .08-.15% 1. Fine $400 in addition to court costs and penalties 2. Suspended license for up to two years 3. Minimum 10 days in jail and as much as one year 4. Alcohol or drug treatment program Second Offense - Blood alcohol content of .15% or Higher 1. $1,000 Fine in addition to court costs and penalties 2. Jail for 6-12 months 3. Suspended license for two years Third Offense - Blood alcohol content between .08-.15% 1. The third offense becomes a felony 2. Mandatory minimum fine of $400 3. One to three years in jail 4. Two to three years license suspension 5. Participation in an alcohol or drug treatment program 6. Ignition interlock device for up to two years after sentence is completed Third Offense - Blood alcohol content between .15% or Higher 1. Fine ranging from $1,000-$5,000 2. Jail for 3-5 years 3. Suspended license for three years 4. At the Court's discretion, defendants vehicle may be seized by the State In addition, the penalties for refusing to take a breathalyzer will also increase with each subsequent offense.
  5. Millea, Christopher: Rhode Island DWI/DUI Law DWI/DUI and Refusal to Submit to a Chemical Test are covered by Rhode Island General Laws § 31-27-2 Driving under influence of liquor or drugs and § 31-27-2.1 Refusal to submit to chemical test. The statutes outline not only the elements which need to be proven by either the State of Rhode Island or an individual city or town in order to effectuate either a conviction for DWI/DUI or to sustain a charge of refusal to submit to a chemical test. What does that mean? In order to properly understand what it means to be charged with either DWI/DUI or refusal to submit to a chemical test in Rhode Island, a motorist must understand what is at stake with both statutes. Let's start with DWI/DUI. Most importantly, a client must understand that DWI/DUI in Rhode Island is a misdemeanor offense. By statute and definition that means a criminal offense punishable by up to one year in jail or a fine of up to $1000, or both. In addition to those penalties, DWI/DUI is unique because it allows the court to suspend the driver's license of any person convicted of DWI/DUI. These penalties differ with each individual case. § 31-27-2 Driving under influence of liquor or drugs spells out all of the elements that need to be proven and the penalties based on the level of intoxication of a driver. Also taken into account by a judge will be the criminal record of a driver, if any, and any driving offenses occurring prior to the arrest. Most importantly, the prosecution and the judge will be looking to see if a motorist has any prior alcohol-related offenses in the prior five years. If a motorist that does have a prior alcohol-related offense, DWI/DUI, or refusal in the prior five years, the penalties will be increased according to statute. But even if a motorist does not have any other offenses on his criminal or driving record, in all likelihood the prosecution and the court will be suggesting that a motorist's license be suspended for a period not less than 30 days nor more than 18 months based on the blood alcohol level (BAC) of each motorist. For subsequent offenses the suspension of a motorist's license will be in excess of one year in the fines associated with a conviction shall be increased. This is why choosing the right attorney for your DWI/DUI is of most importance. § 31-27-2.1 Refusal to submit to chemical test is considered a civil matter in the State of Rhode Island and is handled exclusively at the Rhode Island Traffic Tribunal. The penalties for a refusal to submit to a chemical test mirror those penalties for DWI/DUI with one major and glaring exception. For a first offense finding of refusal, a magistrate of the Traffic Tribunal may suspend a motorist's license for a minimum six months. However, there are other important implications of being charged with refusal to submit to a chemical test. First and foremost, upon initial appearance before a magistrate at the Traffic Tribunal, if the court finds that a police officer or other member of law enforcement had reasonable suspicion to believe that a motorist was driving under the influence of either alcohol or drugs, that the officer requested that a motorist submit to a chemical test, and a motorist refused to submit to a chemical test, a magistrate may preliminarily suspend a driver's privilege to operate in the State of Rhode Island. The motorist will have five days to turn their license in at operator control before the license is suspended indefinitely pending outcome of the matter. In addition it is important to note that a motorist may be charged with both the DWI/DUI and a refusal. In fact this is not only common, but it is the norm with most police departments. This means that a motorist must make very important decisions in two separate arenas: a criminal court and the Traffic Tribunal.
  6. Calcagni Law Office: Misdemeanors * DUI / DWI / OUI * Automobile Related Charges * Assault and Domestic Assault Charges * Theft Crimes * Narcotics Offenses * Appeals Felonies * Murder * Rape and Sex Offenses * Robbery and Theft Offenses * Arson * Narcotics Offenses * Conspiracy * Firearm Offenses * White Collar Crimes * Appeals
  7. Grasso, John: What Is DUI? In Rhode Island, there is no such crime as “drunk driving.” The term DUI refers to driving while under the influence of alcohol or other drugs to the extent that your normal faculties are impaired. Your claim that you were not “drunk” or even “intoxicated” does not mean that you may not have been sufficiently “impaired” to be charged and convicted of DUI. Similarly, it is not illegal in Rhode Island to drink and drive – it is illegal to drink too much and then drive. The fact that you have an “odor of alcoholic beverage on your breath” or have “bloodshot, watery eyes” is not proof that will convict you of DUI. There are 2 separate ways for the police to charge and convict you of DUI. The first is by proving through their subjective observations that you were impaired while operating a motor vehicle. The second way the police can seek to prove your guilt is to prove that when you were operating your motor vehicle, your blood alcohol concentration (BAC) was .08 or higher. Police ordinarily use the results of an Intoxilyzer test given shortly after your arrest to determine what your BAC was when they arrested you. The DUI Process Read more about each step of the DUI process, from the “stop”, to the one call you're entitled to make. * The Stop * Field Sobriety Tests * Preliminary Breath Test * The Phone Call DUI And Refusal Are Serious Offenses DUI and Refusal are not just traffic offenses. The consequences may include jail, fines, court costs, license suspension, expensive schools, community service, substance abuse screening, loss of vehicle registration, ignition interlock devices, high insurance premiums, loss of employment, and more. Just Because You Believe You're Guilty Does Not Mean The State Can Convict You Just because you were arrested for DUI and/or Refusal does not mean you will be convicted. If you are arrested and have not consulted with a competent and experienced DUI lawyer, always plead “NOT GUILTY” at your arraignment. Protect your rights and contact [link to Capture page] the Law Office of John R. Grasso, Inc. at 401-272-4001. There are many ways to attack a DUI and Refusal arrest. The officer may not have had a valid reason to stop you. The officer may not have had sufficient probable cause to arrest you. The way a police officer obtained your chemical test results or advised you of your right to refuse to take a breathalyzer test may not comply with the law. The equipment the police used may not have been properly maintained and calibrated according to the Department of Health rules and regulations. There may have been medical or other physical reasons for what the police describe as your poor performance on the field sobriety tests. A competent and experienced DUI attorney can help you decide the best approach to attacking your DUI arrest.
  8. Macktaz, Joshua: As a result of Rhode Island's recent "crack down" on drunk driving, Rhode Island DUI laws have become some of the strictest in the nation. Without proper representation such as an expert Rhode Island DUI lawyers, a first time DWI offender is at risk for significant penalties including a loss of license, thousands of dollars in fines, a criminal conviction, higher insurance premiums and in some cases, risk of incarceration.Driving under the influence of alcohol, also called DUI or DWI and drunk driving, is one of the most common charges encountered in our criminal justice system. Refusing to take the chemical test or breathalyzer following an arrest for a Rhode Island DUI carries its own criminal penalty, which can include a minimum of a six to twelve month loss of license, fines, community service, DUI educational classes, and other sanctions. 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. RI DUI Attorney CRIMINAL DEFENSE Drunk driving offenses: DUI, DWI, Breathalyzer Refusals, Newport RI DUI Criminal Offenses: Assault, Battery, Traffic Violations, Suspended Licenses & Restoration, Disorderly Conduct, Prostitution, Soliciting Sex, Murder, Manslaughter, Homicide, Bail Hearings, Probation Violations, Shoplifting, Misdemeanors, Capital Offenses, Felonies, and Juvenile Crime Drug Crimes: Marijuana Crimes, Cocaine Crimes, Drug Trafficking, Drug Possession Domestic Violence: Domestic Assault, Battery, Restraining Orders, Abuse Expungement: Criminal Record Expungement, Clear Criminal Record and History RI Personal Injury Law including Auto accidents, Personal Injury, slip and fall, wrongful death, dog bites, torts, tort liability, worker's compensation, malpractice Rhode Island Drunk Driving Attorney PERSONAL INJURY LAW Personal Injury: Medical Malpractice, Slip and Fall, Workplace Injuries, Wrongful Death, Dog Bites, Torts and Tort Liability, Worker’s Compensation, and Other Accidents and Injuries Motorvehicle Accidents: Auto Accidents, Motorcycle Accidents, Tractor Trailer Truck Accidents RI Family Court Lawyer, Divorce Attorney including Child custody and child support, adoptions, domestic violence, paternity, restraining orders, visitations, juvenile cases, child abuse and neglect Criminal Defense Lawyer Providence RI FAMILY LAW Family Court: Divorce, Child Custody, Child Support, Adoptions, Paternity, Visitations, Juvenile Cases Domestic Violence: Assault, Battery, Child Abuse, Neglect, Restraining Orders, Abuse
  9. Smith, Mark: DUI and DWI cases in Rhode Island are taken seriously by prosecutors and can result in stiff penalties if you are convicted — even if it is only your first offense. A conviction on these types of charges can result in the loss of your driver’s license, fines and even jail time. The growing political pressure to crack down on drunk driving and similar offenses has pushed us closer to a zero tolerance environment for DUI and DWI cases. Perhaps now more than ever, the help of an experienced attorney is critical to making sure that your rights are protected.
  10. Judge, Michael: * DWI/ DUI/ Breathalyzer Refusal o Driving with a Suspended License * Domestic Violence / Assault & Battery o All Drug Cases o Possession o Sale o Trafficking / Delivery * Sexual Offenses / Child Abuse * Drug Defense * Manslaughter * Robbery * White Collar Crimes / Embezzlement * Bail Hearings / Violation Hearings * Theft / Shoplifting * Homicide / Violent Crimes
  11. Corley & Associates: # Political corruption or white-collar crimes # Crimes of violence # Drug offenses # Parole release hearings # Probation violation # Traffic violations # Theft offenses (burglary, robbery and shoplifting) # Sex offenses # Expungements # Felony assault # Homicide # Vehicular homicide # Driving to endanger # DUI- death resulting
  12. Marin, Matthew: Rhode Island penalties for driving under the influence (DUI) are very severe and can have a lasting impact on your life. If you have been arrested for DUI, or a related alcohol offense, you may be facing jail time, large fines, loss of driving privileges, and expensive driver’s license fees. A DUI conviction may also result in devastating consequences such as the loss of your job, the loss of your commercial license, inability to find a job, insurance rate increases, and strains in your personal life.
  13. Lutes, Scott: When charged with a crime, or when under investigation by the police, the wisest thing that you can do is to hire the talents of an experienced criminal defense attorney.
  14. Adler, Pollock & Sheehan: * Mail/Wire Fraud * Honest Services * Bribery * Medicare/Medicaid Fraud * Health Care Fraud and Abuse * Nursing Home Fraud and Abuse * RICO * Hobbs Act * False Claims * Money Laundering * Grand Jury Investigations * Internal Investigations * Numerous state offenses, including felony and misdemeanor driving under the influence of alcohol or drug cases, implied consent charges, traffic related matters
  15. MacDonald, John: If you are arrested for drunk driving or breathalyzer refusal ... ensure that all measures are taken to preserve your driver's license and avoid criminal conviction.
  16. Blais Law Associates: Before Juries, In All Matters
  17. 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.

  18. 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.
  19. John Tarantino: Bibliography
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