DUI Lawyer in Kent County, RI
Defending Against DUI Charges in Providence, Washington, Newport & Bristol Counties
As in other states, Rhode Island carries severe penalties for driving while under the influence of alcohol and/or drugs. These penalties are meant to send a message to the public to discourage impaired driving. However, law enforcement can be overzealous in their dealings with drivers in seeking offenders and doing whatever they can to get a conviction.
If you or someone you know has been charged with a DUI, you may be confused about what to do next or how to defend yourself. You may believe that an arrest and charge will automatically lead to a conviction that you cannot stop. However, that is not the case. Any criminal charge can and should be defended; defenses do exist to these charges, but you will need the services of an experienced attorney. At Biafore Law, our Kent County DUI attorney brings 20+ years of experience to this matter.
Arrested for DUI? Reach out to Biafore Law at (401) 244-7433 or contact us online to request an initial consultation with our Kent County DUI attorney.
DUI Defense in Rhode Island
RI DUI Laws
Rhode Island General Laws § 31-72-2 concerns driving under the influence. It provides that a person commits an offense when they operate or drive a vehicle in the state and they:
- Are under the influence of liquor, drugs, and/or a controlled substance, or
- Have a blood alcohol concentration (BAC) of 0.08% or more.
A person might be alleged to have been under the influence if their normal faculties, such as judgment or motor skills, were impaired to the point that they could not safely operate their vehicle. An officer might have grounds to pull someone over on suspicion of DUI if they notice dangerous driving behaviors like weaving, following too closely, or failing to maintain proper speed.
Even if a person was not displaying unsafe driving behaviors, they could still be charged with a DUI if their BAC was at or above the legal limit. BAC levels are measured by blood, breath, or urine tests.
Traffic Tribunal Appearance for Chemical Test Refusal
Under Rhode Island General Laws § 31-27-2.1, individuals who drive in the state and are arrested on suspicion of DUI have given their implied consent to be subject to a blood, breath, or urine test to determine whether alcohol, drugs, or a controlled substance was in their system. An individual can refuse to provide a specimen, but the refusal has consequences.
Rhode Island Traffic Tribunal
The Rhode Island Traffic Tribunal will hear matters concerning chemical test refusals. A magistrate will determine whether reasonable grounds existed to believe the person was driving under the influence, was arrested, and refused the blood, breath, or urine analysis. If the magistrate decides that the person failed to submit to the test, they may immediately suspend the individual’s driver’s license.
DUI Penalties
The person may also be subject to the following penalties:
First DUI Offense
- First violation:
- $200 to $500 in fines
- 10 to 60 hours of public community restitution
- 6 months to 1 year of driver’s license suspension
- Driving while intoxicated or under the influence course
- Alcohol or drug treatment
Second DUI Offense
- Second violation within 5 years:
- Up to 6 months of incarceration
- $600 to $1,000 in fines
- 60 to 100 hours of public community restitution
- 2 years of driver’s license suspension
- Alcohol or drug treatment
Third DUI Offense
- Third or subsequent violation within 5 years:
- Up to 1 year of incarceration
- $800 to $1,000 in fines
- At least 100 hours of public community restitution
- 2 to 5 years of driver’s license suspension
- Alcohol or drug treatment
When is a DUI a Felony in RI?
The state of Rhode Island generally considers a first and second DWI or DUI offense as a misdemeanor. However, a DUI is considered a felony when it involves certain aggravating factors.
If any of the following conditions are met, then a DUI in RI can be elevated to a felony charge:
- The driver caused an accident resulting in serious bodily injury or death;
- The driver had one or more passengers under the age of 13 at the time of the offense;
- The driver committed the offense while driving with a suspended license stemming from a prior DUI
- The driver had a 3rd or subsequent DUI conviction within the past five years.
The penalties for a felony DWI or DUI can be severe, including large fines and jail sentences of up to 10 years in some cases. If a person is convicted of aggravated DWI/DUI resulting in a serious bodily injury or death, they may also face vehicular homicide charges. Additionally, it is possible for someone with multiple felony convictions to have their license permanently revoked by the state. It's important to note that even if a driver does not receive an immediate conviction, they could still be held liable in civil court for any damages caused as the result of their actions.
What Are the Penalties for a DUI?
The punishments a judge can impose upon a DUI conviction vary depending on the driver’s BAC level and criminal history.
First offense (misdemeanor):
- BAC of 0.08% or more but less than 0.1% or the presence of any controlled substance
- $100 to $300 in fines
- 10 to 60 hours of public community restitution
- Up to 1 year of incarceration
- 30 to 180 days of driver’s license suspension
- BAC of 0.1% or more but less than 0.15%
- $100 to $400 in fines
- 10 to 60 hours of public community restitution
- Up to 1 year of incarceration
- 3 months to 1 year of driver’s license suspension
- Driving while intoxicated or under the influence of controlled substances course
- Alcohol or drug treatment
- BAC of 0.15% or more or under the influence of a drug or controlled substance
- $500 in fines
- 20 to 60 hours of public community restitution
- Up to 1 year of incarceration
- 3 to 18 months of driver’s license suspension
- Driving while intoxicated or under the influence of a controlled substance course
- Alcohol or drug treatment
Second offense within 5 years (misdemeanor):
- BAC of 0.08% or more but less than 0.15% or the presence of any controlled substance
- Mandatory fine of $400
- 10 days to 1 year of incarceration
- Driver’s license suspension for 2 years
- Alcohol or drug treatment
- BAC of 0.15% or more or under the influence of a controlled substance
- Mandatory fine of $1,000
- Mandatory incarceration for 6 months to 1 year
- Mandatory driver’s license suspension for 2 years
- Alcohol or drug treatment
Third or subsequent offense within 5 years (felony):
- BAC of 0.08% or more but less than 0.15% or the presence of any controlled substance
- Mandatory fine of $400
- 1 to 3 years in prison
- Driver’s license suspension for 2 to 3 years
- Alcohol or drug treatment
Third or subsequent offense within 10 years (felony):
- BAC of .15 or more or under the influence of a controlled substance
- Mandatory fine of $1,000 to $5,000
- Mandatory imprisonment for 3 to 5 years
- Mandatory license suspension of 3 years
- Alcohol or drug treatment
Additionally, a conviction for any DUI offense comes with a highway assessment fine of $500 and an $86 fee.
By fighting your charge, you can seek to avoid or minimize the conviction punishments. Speak to our Kent County DUI lawyer at Biafore Law to discuss your legal options.
Exploring Possible DUI Defense Strategies
One of the key aspects of building a strong defense is exploring possible strategies that could help minimize the consequences or even result in a dismissal of your case. We will thoroughly analyze the details of your arrest and work diligently to identify any potential defenses, such as:
- Challenging the legality of the traffic stop
- Questioning the accuracy of field sobriety tests
- Examining the calibration and maintenance records of breathalyzer machines
- Investigating potential violations of your constitutional rights
- Seeking to suppress evidence obtained through improper procedures
By employing these strategies and leveraging our extensive knowledge of DUI laws, we strive to achieve the best possible result for our clients. We understand the serious consequences of a DUI conviction on your life, including fines, license suspension, increased insurance rates, and even potential jail time. That is why we are dedicated to providing aggressive and effective representation to protect your rights and fight for your future.
Contact Biafore Law today to get started with our DUI lawyer in Kent County, RI.
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