Rhode Island DUI Attorney

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Rhode Island DUI Law

Driving under the influence of alcohol or drugs is illegal in the state of Rhode Island. Rhode Island is one of the toughest states on the East coast in terms of DUI penalties. You may face steep fines, jail time, and other penalties that make DUI a serious offense. You will also face the loss of your driving privileges, making it difficult for you to maintain employment or get to medical appointments, classes, religious services, and other obligations. Because DUI is such a serious offense, it is important that you have a Rhode Island DUI attorney to represent you. A skilled Rhode Island DUI lawyer has the experience and knowledge needed to defend your case and obtain the best possible outcome.

Rhode Island DUI Arrest and Prosecution

Rhode Island has strong policies for enforcement in place to catch drivers who are driving while under the influence or while having a BAC of 0.09% or more. There are many patrols in place and law enforcement officers may use field sobriety testing, videotaping, and other techniques to gather evidence. If you have a skilled Rhode Island DUI lawyer representing you, there is a good chance the lawyer can review the procedures used and attempt to show that they deviated from the standards set forth in the law. For example, sobriety tests must be administered in a standardized way. If your attorney can show that the arresting officer deviated from the standards in any way, you may win your case.

If you are arrested for a DUI offense in Rhode Island, you will be prosecuted in one of two ways. The first way is under the traditional theory that alcohol physical or mentally impaired your ability to safely operate a motor vehicle in your control. Under this theory, the prosecutor must show that alcohol impaired your ability to operate your vehicle. He prosecutor may introduce evidence such as your driving patterns, failure to perform well on sobriety tests, appearance, and any chemical test results that were obtained. The second means of prosecution is under the "per se" laws of Rhode Island. In this type of case, the prosecutor is not at all concerned with your level of impairment, if any, at the time of your arrest. The per se case is based entirely on the results of the chemical testing you submitted to at the time of your arrest. The prosecutor will introduce the results of this test to show that you drove a vehicle with a blood alcohol concentration level of 0.08% or greater, which violates the per saw laws of the state.

Rhode Island DUI Criminal Penalties

In Rhode Island, there is a look-back of 5 years when determining how an offense will be charged. This means that if you have prior DUI convictions within 5 years of your most recent arrest, you'll be charged with a second or subsequent offense. If your prior convictions are more than 5 years before your most recent arrest, you will be charged with a first offense. There are a number of penalties available in DUI cases and they vary based on the number of prior offenses and other specific circumstances. There also enhanced penalties for driving with an extreme blood alcohol level. The fines for a DUI in Rhode Island are $100 for a first offense and $400 for second and subsequent offenses. A first offense has no jail time penalty because it is considered a civil offense. A second offense has a penalty of 10 days in jail and a third offense within a 10 year period has a penalty of one year in jail. For first offenders, ten hours of community service are mandatory and the court may impose a penalty of up to 60 hours. Home confinement and mandatory attendance at a Victim Impact Panel may be imposed at the discretion of the court. The enhanced penalties for driving with a BAC of 0.15% or greater are a $500 fine for a first offense and a $1,000 fine for a subsequent offense, 6 months in jail for a second offense and three years in jail for a third offense, and 20 hours of mandatory community service for first offenders. These penalties have a great potential to impact your life in a negative way so it is important that you contact a Rhode Island DUI lawyer immediately after your arrest to help preserve your rights and have the best possible chance of having a successful outcome in your case.

Rhode Island Driving Penalties

Rhode Island is a member state in the Interstate Driver's License Compact. This means information about your Rhode Island DUI offense may be shared with your home state or prior offenses from your home state may be found and count against you as prior offenses in Rhode Island. If you are convicted of driving under the influence in Rhode Island, you face the loss of your license for a period of time to be determined based on the number of prior offenses and the severity of your most recent offense. Losing your driving privileges can make it difficult for you to participate in your normal daily activities, so hiring a Rhode Island DUI attorney is one of the best things you can do to protect yourself and have a chance of winning your case.

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