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NCDD National College for DUI Defense: Matthew Marin

Rhode Island DUI Lawyer

Driving Under the Influence of alcohol or drugs (DUI) is a serious criminal offenses in the State of Rhode Island. As a result of your arrest you will face significant loss of your drivers license, jail time, drunk driving school, substance abuse treatment, large fines, ridiculous insurance increases and possible loss of employment.

WE KNOW WHAT IS ON THE LINE FOR YOU – WE CAN HELP!

Rhode Island DUI Attorney Matthew Marin specifically dedicates a significant portion of his practice to helping people with drunk driving and DUI related issues. Feel free to read through the information contained in the site, read about RI DUI Lawyer Marin’s recent DUI case victories and then complete our Free Drunk Driving Case Evaluation.

Call now to speak directly with a highly skilled
Rhode Island DUI Lawyer – (401) 228-8271

As soon as we receive your case evaluation information we will contact you to schedule your FREE consultation with RI DUI Lawyer Matthew Marin. With offices in downtown Providence and downtown Newport, our DUI lawyers are never far away. Therefore, whether you were arrested in Westerly or Woonsocket, we can help.

RHODE ISLAND
DRUNK DRIVING
INFORMATION


- Recent 2014 DUI Case Victories
- First Offense DUI Penalties
- Second Offense DUI Penalties
- Third Offense DUI Penalties
- Full Rhode Island DUI Laws
- Rhode Island DUI Blog
- Field Sobriety Testing Procedure
- Videotape DUI Evidence
- Hospital Records and Your DUI Case


Check Your Court Date




RECENT 2014 RHODE ISLAND DUI CASE VICTORIES

CHARGE: DRIVING UNDER THE INFLUENCE OF ALCOHOL (DUI - BAC 0.10 to 0.15)
POLICE REPORT: The Police were on routine patrol for intoxicated operators after 1 am on a Saturday night. They witnessed someone from a vehicle infront of them screaming out the window at pedestrians. They believed that they identified that vechile and witnessed it commit several motor vehicle infractions including crossing over the double yellow lines. They effectuated a stop of the vehicle and spoke to the operator, the Client, who they beleived to be under the influence of alcohol. After standarized field sobriety tests were performed, the Client was arrested and taken to the Police Station. At the station, the Client submitted to a breathalzyer which resuled in readings of 0.10 and 0.097. The Client was then charged with driving under the influence (DUI BAC 0.10 to 0.15).

RESULT: DUI AMENDED TO RECKLESS DRIVING the case filed for one year (not a criminal conviction) with a 90 day of license on 7/11/14

CHARGE: DRIVING UNDER THE INFLUENCE OF ALCOHOL (DUI - BAC OVER 0.15)
POLICE REPORT: The Police were dispatched to a report of a vehicle of the roadway and stuck in a snow bank. When the Police arrived they witnessed an individual running out of the woods towards them. When they spoke to the individual he indicated that he had been driving and had slid on some snow and ice and run off the roadway. The Police observed the Client allegedly slurring his words and smelled a strong odor of alcohol emanating from his breath as he spoke. He submitted to standardized field sobriety tests which in the opinion of the police he failed. The Client was placed under arrest and taken to the police station where he submitted to a breathalyzer with test results of 0.16. The Client was charged with DUI (BAC Over 0.15), first offense.

RESULT: DUI AMENDED TO RECKLESS DRIVING the case filed for one year with no loss of license on 5/12/14

ABOVE CASE CLIENT TESTIMONIAL:

CHARGE: SECOND OFFENSE DRIVING UNDER THE INFLUENCE OF DRUGS (PRESCRIPTION DRUGS)
POLICE REPORT: The Police observed the Client operating on a local roadway. While behind the Client, they observed allegedly swerving wildly within his lane and into oncoming traffic. The Police conducted a motor vehicle stop and requested the Client submit to standardized field sobriety tests. According to the Officers, he failed the field sobriety tests. The Client submitted to a breath test on the scene resulting in a blood alcohol content of 0.03, well below the legal limit. The Client was then arrested on suspicion of driving under the influence of drugs. He made admissions to consuming prescription drugs and submitted to a blood test at a local hospital. The blood tests results indicated that the Defendant had significant levels of prescription drugs in his system at the time of the test. The Client was charged with second offense DUI (driving under the influence of drugs).

RESULT: SECOND OFFENSE DUI REDUCED TO RECKLESS DRIVING on the day of trial and the case Filed for one year with no loss of license on 4/22/14

CHARGE: DRIVING UNDER THE INFLUENCE OF ALCOHOL (DUI – BAC BETWEEN 0.10 to 0.15)
POLICE REPORT: The Police observed the Client operating on a local roadway. While behind the Client, they observed his vehicle to drift over the double yellow center lines and correct by drifting into the breakdown lane. The Police initiated a motor vehicle stop and spoke with the Client. While speaking with the Client, they observed his eyes to be bloodshot and watery and a strong odor of alcohol to be emanating from his breath. He submitted to standardized field sobriety testing which, in the opinion of the police officers, he failed. The Client was placed under arrest and at the Police station he submitted to a breathalyzer. The results of the breathalyzer indicated that his blood alcohol content was 0.10. He was charged with DUI (BAC between 0.10 and 0.15), first offense.

RESULT: DUI CHARGE DISMISSED with no fines or penalties on 4/10/14

ABOVE CASE CLIENT TESTIMONIAL:

CHARGES:
(1) DRIVING UNDER THE INFLUENCE (DUI – BAC UNKNOWN)
(2) REFUSAL TO SUBMIT TO A CHEMICAL TEST

POLICE REPORT: The Police received a 911 call reporting an erratic operator. The Police arrived on the scene of stopped motor vehicle and observed the Client to be behind the wheel. In speaking with the Client, they witnessed signs that indicated that the Client was under the influence of alcohol or drugs. In attempting the submit to the standardized field sobriety testing, the tests were terminated as the Police believed that the Client was going to injure herself by taking the test. The Client was arrested on suspicion of driving under the influence of alcohol and/or drugs. At the Police Station, the Client was asked to submit to a chemical test which she allegedly refused. Based on that information, the Client was charged with driving under the influence (BAC unknown) and refusal to submit to a chemical test.

RESULTS: DUI REDUCED TO RECKLESS DRIVING AND REFUSAL CHARGE DISMISSED, Reckless Driving charge Filed for one year with a 90 day loss of license on 3/27/14

CHARGE: DRIVING UNDER THE INFLUENCE OF ALCOHOL (DUI - BAC OVER 0.15)
POLICE REPORT: Police were on routine patrol when the came upon a vehicle stopped in the lane of travel on a local road. The Police investigated and located the Client passed out over the steering wheel with the car running. After exiting, the Client allegedly failed the standarized field sobriety tests and was arrested. Back at the Police Station, the Client submitted to a chemical breath test which resulted in breathalyzer readings of over 0.15. The Client was charged with DUI (BAC Over 0.15), First Offense.

RESULT: DUI AMENDED TO RECKLESS DRIVING on the day of trial and the case filed for one year with no loss of license on 3/26/14

Call now to speak directly with a highly skilled
Rhode Island DUI Lawyer – (401) 228-8271

We know that being charged with a DUI in Rhode Island is a very stressful experience. The potential damage a Rhode Island DUI can do to your criminal record and your reputation is a risk that you should take very seriously. The typical Rhode Island DUI case can move through the criminal justice system quickly, making it important that you act quickly to protect your driver’s license and begin planning your defense. The Rhode Island DUI Laws are complex. The most important weapon you have in fighting a Rhode Island DUI charge is an experienced Rhode Island DUI Lawyer.

Contact RI DUI Lawyer Matthew Marin immediately for a FREE no obligation consultation of your Rhode Island DUI charges. Attorney Marin will take the time to thoroughly explain all your charges to you, explain why you should not pay any tickets at this time, let you know what you can expect as a result of the arrest, let you know what you can do right now to protect your rights, and most importantly, what our office can do to help defend your driver's license, your freedom and your reputation.

RHODE ISLAND FIRST OFFENSE DUI PENALTIES

Rhode Island DUI with Blood Alcohol Content Between 0.08 and 0.10
- Up to One Year in Jail
- Suspended License for 30 to 180 Days
- $100 to $300 Fine
- 10 to 60 Hours of Public Community Service
- Highway Safety Assessment ($500)
- Enrollment in DUI School and/or Substance Abuse Treatment

Rhode Island DUI with Blood Alcohol Content Between 0.10 and 0.15 AND Unknown (If Chemical Test Refused)
- Up to One Year in Jail
- Suspended License for 90 to 365 Days
- $100 to $400 Fine
- 10 to 60 Hours of Public Community Service
- Highway Safety Assessment ($500)
- Mandatory Enrollment in DUI School and/or Substance Abuse Treatment

Rhode Island DUI with Blood Alcohol Content Over 0.15
- Up to One Year in Jail
- Suspended License for 90 to 548 Days (18 Months)
- $500 Fine
- 20 to 60 Hours of Public Community Service
- Highway Safety Assessment ($500)
- Mandatory Enrollment in DUI School and/or Substance Abuse Treatment

Rhode Island Driving Under the Influence of Drugs
- Up to One Year in Jail
- Suspended License for 90 to 548 Days (18 Months)
- $500 Fine
- 20 to 60 Hours of Public Community Service
- Highway Safety Assessment ($500)
- Mandatory Enrollment in DUI School and/or Substance Abuse Treatment

Call now to speak directly with a highly skilled
Rhode Island DUI Lawyer – (401) 228-8271

RHODE ISLAND SECOND OFFENSE DUI PENALTIES

Rhode Island DUI with Blood Alcohol Content Between 0.08 and 0.15 AND Unknown (If Chemical Test Refused)
- Mandatory Minimum Ten (10) Days in Jail but up to One Year
- Suspended License for One to Two Years
- $400 Fine
- Potential Ignition Interlock Device Required for Two Years
- Highway Safety Assessment ($500)
- Mandatory Enrollment in Substance Abuse Treatment

Rhode Island DUI with Blood Alcohol Content Over 0.15
- Mandatory Minimum Six Months in Jail but up to One Year
- Suspended License for Two Years
- Fine of Not Less Than $1,000
- Highway Safety Assessment ($500)
- Mandatory Enrollment in Substance Abuse Treatment

Call now to speak directly with a highly skilled
RI DUI Lawyer – (401) 228-8271

RHODE ISLAND THIRD OFFENSE DUI PENALTIES

Rhode Island DUI with Blood Alcohol Content Between 0.08 and 0.15 AND Unknown (If Chemical Test Refused)
- Felony Charge - Mandatory Minimum One Year Jail but no more than Three Years Jail
- Suspended License for Two to Three Years
- $400 Fine
- Mandatory Ignition Interlock Device Required for Two Years
- Highway Safety Assessment ($500)
- Mandatory Enrollment in Substance Abuse Treatment
- Motor Vehicle Subject to Forfeiture to the State

Rhode Island DUI with Blood Alcohol Content Over 0.15
- Mandatory Minimum Three Years Jail but no more than Five Years Jail
- Suspended License for Three Years
- Fine of not less than $1,000 but no more than $5,000
- Mandatory Ignition Interlock Device Required for Two Years
- Highway Safety Assessment ($500)
- Mandatory Enrollment in Substance Abuse Treatment
- Motor Vehicle Subject to Forfeiture to the State

Call now to speak directly with a highly skilled
RI DUI Lawyer – (401) 228-8271

RHODE ISLAND FIELD SOBRIETY TESTING PROCEDURE

HORIZONTAL GAZE NYSTAGMUS (HGN)
Nystagmus refers to the involuntary jerking of the pupil which occurs more rapidly with the consumption of enough alcohol. A Police Officer may administer a field sobriety test to a drunk driving suspect which attempts to determine if nystagmus is present and to what degree. In Rhode Island courts however, the HGN test is generally not admissible as it relies on an underlying scientific principal thus requiring expert testimony.

ONE LEG STAND
A Rhode Island police officer learns to administer these field sobriety tests in accordance with the protocol and guidelines set forth in their training manual. This test requires the suspect to stand with feet together and arms down by side while the officer explains and demonstrates the test. The suspect is told to raise either foot of the ground 6 inches high with foot out straight and count one one thousand..two one thousand and to keep counting until told to stop. The officer is to count silently to 30 and then stop the test. The officer is looking for the following clues:
1. Swaying while balancing
2. Using arms to balance (more then 6 inches from their side)
3. Hopping
4. Putting foot down before 30

NINE-STEP WALK AND TURN
The suspect is told to stand with one foot in front of the other with arms down by side while officer explains and demonstrates the test. The officer is looking for the following clues:
1. Starting before being told to do so
2. Inability to keep balance in instructional phase
3. Failure to touch heel to toe
4. Stepping off line
5. Using arms for balance
6. Improper turn
7. Incorrect number of steps
8. Stops while walking

Call now to speak directly with a highly skilled
RI DUI Lawyer – (401) 228-8271

RHODE ISLAND DUI VIDEOTAPE EVIDENCE

Some but not all police departments use cameras to videotape suspects at various stages of the DUI investigation process. Patrol cars can come equipped with a dashboard mounted camera which could provide real time evidence as to the stopping of the DUI suspects vehicle, the field sobriety tests being performed and the demeanor, coordination and speech of the DUI suspect. Equally important it can provide evidence as to the demeanor and activity of the Rhode Island police officer at the time of the investigation. The police station booking room is another place that videotape evidence can be obtained from. A drunk driving suspect on video at the station who is not swaying, stumbling or being belligerent can go a long way for a not guilty at an DUI trial when the officer wrote in his police report that only 10 minutes earlier the DUI suspect was exhibiting all of those signs on the side of the road.

The prosecutor has a duty to preserve videotape evidence if it contains exculpatory evidence and to provide that evidence to a RI DUI Lawyer. Failing to do so could be grounds for suppression of evidence or even a dismissal of a DUI case in certain circumstances.

HOSPITAL RECORDS AND YOUR RHODE ISLAND DUI CASE

Hospital records come into play at a Rhode Island DUI trial generally where there is a car accident and the suspected drunk driver was transported to the hospital. These records may be beneficial to the prosecutor, to the defense, or to both sides depending on what is contained. Treating physicians, nurses and staff may documents observations that could be helpful to the defense. For instance, a trained nurse making no reference to alcohol or intoxication for the patient is extremely helpful when the police officer is saying the suspect smelled of alcohol and was highly intoxicated at the scene of the accident. Also important are the results of any chemical tests that were performed for the presence of alcohol and/or drugs. Blood tests taken for treatment of the patient may show the person’s blood alcohol level and go be used against him if over the limit or for him if below the limit. Blood tests present extremely complex issues in DUI cases and a skilled Rhode Island DUI lawyer can give a defendant who is accused of drunk driving and is dealing with evidence of BAC by a blood draw a tremendous advantage.

Call now to speak directly with a highly skilled
Rhode Island DUI Lawyer – (401) 228-8271

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DISCLAIMER: By Rhode Island DUI Lawyer Matthew Marin - This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.

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