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NCDD National College for DUI Defense: Matthew Marin

RHODE ISLAND DUI LAWYER
RI DUI ATTORNEY MATTHEW MARIN

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 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
RI DUI Lawyer – (401) 228-8271

PROPOSED CHANGES TO RHODE ISLAND’S DUI LAW

Recently, the National Transportation Safety Board has recommended that the Nation's DUI Law's be lowered from a 0.08 standard to a 0.05 standard for driving under the influence. The Barrington Patch article below discussess the issue.

Should DUI Limit Be Lowered to 1 Drink?
One drink could be the standard for drunken driving – at least for some people if the National Transporation Safety Board has its way. On Tuesday, the NTSB recommended states lower the blood-alcohol threshold for driving under the influence from 0.08 percent -- the law in RI -- to 0.05 percent. What do you think? Is the proposal reasonable?

About 10,000 deaths a year are related to drunken driving. The NTSB says the lower limit would save 500 to 800 lives a year. Officials at the American Beverage Institute called the proposal "ludicrous." It said the average woman could reach the 0.05 percent limit by having one drink.

There were 24 DUI fatalities in Rhode Island in 2012, which were 34 percent of traffic-related fatalities last year, according to Mothers Against Drunk Driving.

2013 RHODE ISLAND DUI CASE VICTORIES

CHARGES:
(1) DRIVING UNDER THE INFLUENCE OF ALCOHOL (DUI)
(2) REFUSAL TO SUBMIT TO A CHEMICAL TEST (BREATHALYZER REFUSAL)

POLICE REPORT: The Client was observed by the Police operating in an erratic manner driving over the white fog line and over the double yellow lines. When stopped, the Police observed the Client to have severely bloodshot and watery eyes, slurred speech, and an extremely strong odor of alcohol coming from his breath. He was asked to submit to field sobriety tests which, in the Officer’s opinion, he failed. The Client was placed under arrest and, back at the Police Station, he was asked to submit to a chemical breath test which he refused. He was charged with driving under the influence of alcohol (DUI) and refusal to submit to a chemical tests (breathalyzer refusal).

RESULTS:
(1) DUI AMENDED TO RECKLESS DRIVING
and case filed for one year with a sixty day loss of license
(2) REFUSAL DISMISSED on 11/22/13

CHARGE: DRIVING UNDER THE INFLUENCE (DUI)
POLICE REPORT: The State Police were on Patrol in downtown Providence when they observed the Client speeding and failing to stop at a stop sign. Once pulled over, the Client was asked to consent to field sobriety tests which he allegedly failed. The Client was then placed under arrest and taken to the Police station where he consented to the breath test. At a suppression hearing, the Defense argued that the Police had failed to comply with the Rules and Regulations established by the Rhode Island Department of Health for the taking of breath samples in DUI cases.

RESULT: BREATH TEST RESULTS SUPPRESSED after a full suppression hearing on 8/16/13

CHARGE: DRIVING UNDER THE INFLUENCE (DUI with BAC over 0.15)
POLICE REPORT: The Police were on routine patrol when they identified the Client’s vehicle traveling in the breakdown lane going 15 mph. The vehicle was observed to swerve back and forth in and out of the lane of travel. The vehicle was stopped and, upon speaking with the Client, the Police Officer observed a strong odor of alcohol, severely bloodshot and watery eyes, recent vomit on the Client and within the vehicle. The Client consented to standardized field sobriety testing which he failed. He was arrested and taken to the hospital where he consented to a blood test which revealed that his blood alcohol content was 0.199, nearly two and one-half times the legal limit. The Client was charged with driving under the influence (DUI with BAC over 0.15).

RESULT: CHARGE REDUCED TO RECKLESS DRIVING and filed for one year with a six month loss of the Client’s drivers license on 4/9/13

”RI

CHARGES:
(1) REFUSAL TO SUBMIT TO A CHEMICAL TEST (FIRST OFFENSE)
(2) DRIVING UNDER THE INFLUENCE (DUI with BAC Unknown)

POLICE REPORT: A local Police Officer was on routine patrol on Route 95 North in the City of Warwick at 1:45 a.m. The Officer observed a vehicle traveling in the high speed travel lane swerve multiple times over the yellow fog line. As the suspect vehicle approached Exit 14 and the Route 37 overpass the Officer initiated a motor vehicle stop. Upon speaking with the operator, the Client, the Officer detected a strong odor of an alcoholic beverage emanating from her breath and her eyes appeared to be bloodshot and watery. As they spoke, the Officer observed the Client to have slurred speech. The Client was asked to step from the vehicle and submit to a battery of field sobriety tests. Three tests were conducted: the Horizontal Gaze Nystagmus, the Walk and Turn, and the One-Leg Stand. According to the Officer, the Client failed all three phases of the field sobriety tests. She was arrested and transported to the Police Station. At the Police Station, the Officer requested the Client to submit to a chemical breath test to determine whether if she was intoxicated. The Client refused to submit to the chemical test at the Officer’s direction and was charged with refusal to submit to a chemical test in violation of R.I.G.L. Section 31-27-2.1.
RESULTS:
(1) NOT GUILTY AFTER TRIAL on 2/25/13
(2) DISMISSED
based upon the fact that the arresting officer, a Warwick Police Officer, conducted his DUI investigation and arrest in the City of Cranston outside of his lawful jurisdiction (See Map for location of pursuit and arrest)

2012 RHODE ISLAND DUI CASE VICTORIES

CHARGE: DUI (DRIVING UNDER THE INFLUENCE OF ALCOHOL - BAC OVER 0.15)
POLICE REPORT: Police responded to a 911 call reporting a single car motor vehicle accident. Upon arrival, the police observed that the Client’s vehicle had collided with and snapped a medium sized tree. Police, Fire, and Rescue attempted to speak with the Client who was slumped over the front seat and in a dazed state. The Client was removed from the vehicle and had difficulty standing, speaking, and understanding the Officer's questions. The Client was placed in a neck collar and transported to Rhode Island Hospital for treatment. Once at the Hospital, the Client consented to a blood test for the presense of alcohol and was charged with driving under the influence. The Client's blood was tested by the Rhode Island Department of Health and indicated a blood alcohol concentration of 0.28, three and one-half times the legal limit. Based on the blood test results, the Client was then formally charged with DUI (driving under the influence with BAC over 0.15).
RESULT: REDUCED TO RECKLESS DRIVING and Filed for one-year with a 90 day loss of license on 11/13/12

CHARGES:
(1) DUI (DRIVING UNDER THE INFLUENCE OF ALCOHOL - BAC OVER 0.15)
(2) DRIVING WITH A SUSPENDED LICENSE (FIRST OFFENSE)

POLICE REPORT: A Patrol Officer was conducting a routine traffic stop when the Client’s vehicle side-swiped the Police cruiser. The Client’s vehicle was stopped and, in speaking with the Client, the Officer detected a strong odor of alcohol, bloodshot watery eyes, and slurred speech. The Client then failed all three phases of the standardized field sobriety tests and was arrested. At the station, the Client submitted to the breathalyzer which resulted in BAC readings of 0.18.
RESULTS:
(1) REDUCED TO RECKLESS DRIVING
and Filed for one-year with a 60 day loss of license
(2) DISMISSED on 9/12/12

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

POLICE REPORT: While on routine patrol at 3 am a Patrol Officer came upon a car stopped in the travel lane of the roadway. The Officer approached the driver in an attempt to assist the operator and observed the Client asleep at the wheel. The Client was awoken and, in speaking with the Officer, was observed to be very confused with extremely bloodshot and glossy eyes as well as having strong odor of alcohol coming from her breath. The Client consented to standardized field sobriety tests which she failed in the opinion of the Officer. She was then placed under arrest and, while at the station, asked to take a breathalyzer. The Client attempted to submit to the breathalyzer but, in spite of numerous attempts, could not submit a sufficient sample. During the Client’s attempts to submit, the highest sample obtained produced a reading of 0.206. In the opinion of the Officer, the Client was intentionally manipulating the machine and therefore the Officer charged the Client with refusal to submit to a chemical test and driving under the influence, blood alcohol content unknown.
RESULTS:
(1) AMENDED TO RECKLESS DRIVING
and Filed for one-year with a 90 day loss of license
(2) DISMISSED on 9/12/12

CHARGE: DUI (DRIVING UNDER THE INFLUENCE OF ALCOHOL - BAC OVER 0.15)
POLICE REPORT: Police received a 911 call reporting an erratic driver. When arriving at the general location reported by the caller, the Police were directed on scene by the caller who pointed out the suspected drunk driving. The Police stopped the vehicle and asked the Client to exit the vehicle. Upon speaking with the Client, they immediately detected a strong odor of alcohol coming from her breath, bloodshot and watery eyes, and slurred speech. The Client attempted to complete the field sobriety tests but ultimately began crying uncontrollably and sat down on the curb during the tests. The Client submitted to a preliminary breath test on the scene that reported a blood alcohol content of 0.302, nearly four times the legal limit. The Client was arrested and brought back to the station where she submitted to a breathalyzer with blood alcohol content readings of 0.201 and 0.203. Based on the readings, the Client was charged with DUI (driving under the influence with BAC over 0.15).
RESULT: REDUCED TO RECKLESS DRIVING and Filed for one-year with a 90 day loss of license on 8/9/12

CHARGE: DUI (DRIVING UNDER THE INFLUENCE OF ALCOHOL - BAC OVER 0.15)
POLICE REPORT: Police responded to a 911 call reporting a suspected drunk driver operating erratically. Upon arrival, the police observed the Client’s vehicle stopped along the side of the road turning its lights off. The Police, confirming that the Client’s vehicle matched the vehicle identified by the 911 caller, turned on their overhead lights and pulled behind the Client’s vehicle. The Police approached the Client’s vehicle and observed the Client to have severely bloodshot, watery eyes and a strong odor of alcohol emanating from her breath. They requested her to submit to standardized field sobriety testing which she failed. Based on those observations, the Police placed the Client under arrest and at the station requested her to submit to the breathalyzer. The Client submitted to the breath test resulting in readings of 0.154 and 0.160, twice the legal limit. The Client was then charged with DUI (driving under the influence with BAC over 0.150).
RESULT: REDUCED TO RECKLESS DRIVING and placed on File for one year (not a criminal conviction) with a 45 day suspension of license on 7/9/12

ABOVE CASE CLIENT TESTIMONIAL: When I was arrested, I thought my life was over. Being a first offender I didn't know what to do, but I knew I needed professional help with my case. Matt returned my initial call to his office within minutes, even though it was on a Saturday, and assured me he would do everything in his power to assist me through my legal problems. He was on top of my case from the start, explaining exactly what the status of my case was, what issues we needed to address and what our strong points were, in a way that I could understand and deal with. Matt dug deep, negotiated hard, and at my trial, he was actually able to have my charges amended and FILED!!! No charges were filed against me and I received what I feel is a fair punishment for a first offense. I couldn't be happier with my outcome, and it is because I chose Matthew T. Marin as my attorney. His professionalism, personal touch, and the fact that he genuinely cared about what happened to me make him the perfect choice for any legal issues a person may have. Thank you, Matt, for giving me my life back!!!!!!!

CHARGE: DUI (DRIVING UNDER THE INFLUENCE OF ALCOHOL - BAC BETWEEN 0.10 TO 0.15)
POLICE REPORT: Police responded to a 911 call reporting a single car motor vehicle accident on a rural stretch of road. Upon arrival, the police observed the Client’s vehicle stuck in a ditch along the side of the road. The Police spoke with the Client who admitted operating and told the Police that a deer had run across the street causing him to swerve and lose control of the vehicle. The Police observed a strong odor of alcohol emanating from the Client’s breath along with bloodshot, watery eyes. The Client consented to standardized field sobriety tests which, according to police, he failed. The Client consented further to a preliminary breath test with readings of 0.11. The Client was placed under arrest, taken to the station, and requested to submit to a full breathalyzer test to which he consented with readings of 0.104 and 0.11. The Client was then charged with DUI (driving under the influence with BAC between 0.10 and 0.150).
RESULT: REDUCED TO DRIVING WHILE IMPAIRED (R.I.G.L. § 31-27-2.7) and which is a civil violation (not a criminal conviction) with a 90 day loss of license on 7/5/12

CHARGE: DUI (DRIVING UNDER THE INFLUENCE OF ALCOHOL)
POLICE REPORT: The Client was charged with Driving Under the Influence of Alcohol (DUI) by a local police department. During the course of his arrest and the subsequent investigation, prior to submitting to the breathalyzer, the Client was told by the investigating officers that he was not going to be charged based on the fact that they did not have any evidence that he was in-fact operating a vehicle. The Client was then released by the Police. According to the police, a subsequent investigation uncovered evidence establishing that the Client was operating a vehicle. Based on this evidence, the police charged our Client with DUI one week after the alleged incident.
RESULT: DISMISSED BY THE JUDGE AFTER HEARING ON A DEFENSE MOTION TO DISMISS on 4/2/2012

CHARGE: DUI (DRIVING UNDER THE INFLUENCE OF ALCOHOL - BAC OVER 0.15)
POLICE REPORT: Police responded to a 911 call reporting a motor vehicle accident. Upon arrival, the police noted that the Client's motor vehicle had skidded off the road and struck a commercial building. While speaking with the Client, the police observed the Client to have bloodshot and watery eyes, slurred speech, and a strong odor of alcohol emanating from the Client's breath. Based on the poor road conditions, the Client was transported to the police station where standardized field sobriety tests were conducted. The Client failed the SFST's and consented to a breath test for the presence of alcohol. Two readings were obtained from the Client with both readings registering 0.216 on the breathalyzer, nearly three times the legal limit of 0.08. The Client was then charged with DUI (driving under the influence with BAC over 0.150).
RESULT: REDUCED TO RECKLESS DRIVING and placed on File for one year (not a criminal conviction) with a 30 day suspension of license on 3/26/12

CHARGE: DUI (DRIVING UNDER THE INFLUENCE BAC 0.10 - 0.15)
POLICE REPORT: Client was seen by local police officers operating erratically in a store parking lot. As the Client’s vehicle exited the parking lot, his vehicle was seen striking another vehicle. After the accident, the Client’s vehicle accelerated back into the parking lot towards the police officers. The police halted the Client’s vehicle and began a DUI investigation. The Client failed all three standardized field sobriety tests and blew over 0.15 on a preliminary breath test on scene. The Client was then transported back to the police station where he submitted to the breathalyzer with results of 0.136. The Client was then charged with DUI (driving under the influence with a blood alcohol level between 0.10 and 0.15).
RESULT: NOT GUILTY AFTER TRIAL on 3/13/12

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

RECENT RHODE ISLAND DUI CASE VICTORIES

CHARGE: DUI (DRIVING UNDER THE INFLUENCE - BAC UNKNOWN)
POLICE REPORT:
Police received a 911 emergency call reporting white corvette with a Massachusetts registration traveling the wrong way on a one way street. Officers were dispatched and located the white corvette. Approximately one-half mile down the street the Client’s vehicle pulled over to the side of the road and attempted to wave the cruiser by. The Officer activated his lights and siren and stopped the Client’s vehicle. Upon speaking with the Client, the Officer observed the Client to have a flushed face, moderately bloodshot and watery eyes, slightly slurred speech, and an odor of alcohol emanating from his breath. The Client then attempted standardized field sobriety tests and failed each test. He was taken into custody and, at the police station, when asked to submit to a chemical test the Client refused to submit. The police then charged the Client with refusal to submit to a chemical test (breathalyzer refusal).
RESULT: CHARGE DISMISSED after the Client was found Not Guilty of the Refusal Charge on 11/23/11

CHARGE: REFUSAL TO SUBMIT TO A CHEMICAL TEST (Breathalyzer Refusal)
POLICE REPORT:
Police received a 911 emergency call reporting white corvette with a Massachusetts registration traveling the wrong way on a one way street. Officers were dispatched and located the white corvette. Approximately one-half mile down the street the Client’s vehicle pulled over to the side of the road and attempted to wave the cruiser by. The Officer activated his lights and siren and stopped the Client’s vehicle. Upon speaking with the Client, the Officer observed the Client to have a flushed face, moderately bloodshot and watery eyes, slightly slurred speech, and an odor of alcohol emanating from his breath. The Client then attempted standardized field sobriety tests and failed each test. He was taken into custody and, at the police station, when asked to submit to a chemical test the Client refused to submit. The police then charged the Client with refusal to submit to a chemical test (breathalyzer refusal).
RESULT: NOT GUILTY AFTER TRIAL on 11/8/11

CHARGE: DRIVING UNDER THE INFLUENCE - DUI (BAC OVER 0.15)
POLICE REPORT: The Police on routine patrol observed the Client make an abrupt u-turn without using a turn signal. The Police, after observing the u-turn, began following the vehicle. The Police observed the vehicle cross over the double yellow lines while traveling. At this point, the Police initiated a motor vehicle stop. Upon speaking with the Client, the Police immediately detected an odor of alcohol emanating from the Client's breath and observed his eyes to be bloodshot, watery, and droopy. The Client then performed three standardized field sobriety tests, failing each test. The Police then requested that the Client submit to a preliminary breath test, to which he consented. The Client blood alcohol content was estimated at 0.158 on the preliminary breath test. The Client was then placed under arrest and transported to the police station. At the station, the Police requested that he submit to a chemical test to which he consented. The Client's blood aclohol content at the station registered at 0.150 and 0.154. The Client was then charged with Driving Under the Influence of Alcohol with readings over 0.15.
RESULT: NOT GUILTY AFTER TRIAL on 9/6/11

CHARGE: DUI (DRIVING UNDER THE INFLUENCE) (First Offense)
POLICE REPORT:
Police observed the Client make a right hand turn at a red light without stopping in the early morning hours in downtown Providence. Police stopped the vehicle and spoke with the operator. While speaking with the Client, the Police observed the Client to have slurred speech, bloodshot watery eyes, and a strong odor of alcohol emanating from his breath. The Client consented to and failed the Horizontal Gaze Nystagmus test, the walk and turn test, and the one leg stand test. The Client then took and failed the preliminary breath test, blowing over the 0.08 legal limit. Police then arrested the client for suspicion of DUI/DWI. At the station, the Police requested that the Client submit to a breathalyzer chemical test to which he agreed. The Client's blood alcohol content readings were over the legal limit of 0.08 and he was charged with Driving Under the Influence (DUI/DWI).
RESULT: REDUCED TO RECKLESS DRIVING, Filed (not a criminal conviction) for 1 year with 45 day loss of license
ABOVE CASE CLIENT TESTIMONIAL: The relentless efforts Attorney Marin put forth in handling my case were the workings of a true professional. Not only did he keep me up to date throughout the entire process from the day after receiving my DUI until the case was resolved, but he also offered realistic analysis both before and after his hiring. His efforts allowed me to keep my composure mentally and keep a grip on my life before it spiraled out of control. Perhaps most importantly, he produced an end result which gave me something a public defender and many other lawyers can't always provide, a second chance. Don't get me wrong this experience will certainly be used as a wake up call but Matthew allowed me to walk out of the situation with a great deal. - Pat

CHARGE: REFUSAL TO SUBMIT TO A CHEMICAL TEST (Breathalyzer Refusal)
POLICE REPORT:
Police received a call regarding an erratic operator driving "all over the road." The Police responded, located the suspected drunk driver, and stopped his vehicle. Upon speaking with the Client, the Officer detected a strong odor of intoxicating beverage, slurred speed, and bloodshot watery eyes. The Officer requested the Client submit to field sobriety tests which the Client then failed, according to the arresting Officer. The Client was then arrested for suspicion of driving under the influence and he refused to submit to a chemical test when requested at the police station. The police charged the Client with refusal to submit to a chemical test (breathalyzer refusal).
RESULT: NOT GUILTY AFTER TRIAL

CHARGES:
(1) DRIVING UNDER THE INFLUENCE OF ALCOHOL (DUI - BAC UNKNOWN)
(2) REFUSAL TO SUBMIT TO A CHEMICAL TEST (BREATHALYZER REFUSAL)
POLICE REPORT:
Police received a call regarding a single car accident with a vehicle in a snow bank. Upon arrival, the Police found the Client in the snow bank throwing up. The Police observed the initial indications of intoxication and asked the Client perform standardized field sobriety tests, which the Client failed. The Client was then transported to a local hospital where the Police requested the Client submit to a blood test for the presence of alcohol or drugs. The Client refused and was charged with both driving under the influence and refusal to submit to a chemical test.
RESULTS:
(1) REDUCED TO RECKLESS DRIVING, Filed (not a criminal conviction) for 1 year with a 30 day loss of license
(2) DISMISSED

CHARGE: DRIVING UNDER THE INFLUENCE (DUI - BAC OVER 0.15)
POLICE REPORT:
The Client, a local college sophomore, was driving home from a house party in the early morning hours. He lost control of the vehicle, striking a parked car and coming to a stop in the street. The Police and EMT's arrived. The Client was treated my medical personnel and transported to police headquarters. At the Police Station, the Officers requested the Defendant submit to a chemical test. The Client consented and submitted to the breathalyzer resulting in blood alochol content readings of 0.28, nearly four times the legal limit. The Client was charged with Driving Under the Influence, BAC over 0.15.
RESULTS: CHARGE AMENDED TO RECKLESS DRIVING and FILED FOR ONE-YEAR (NON-CRIMINAL CONVICTION) with a 30 DAY LOSS OF LICENSE

CHARGES:
(1) REFUSAL TO SUBMIT TO A CHEMICAL TEST (BREATHALYZER REFUSAL)
(2) DRIVING UNDER THE INFLUENCE (DUI - BAC UNKNOWN)
POLICE REPORT:
An anonymous driver called 911 to report the Client as a suspected drunk driver. The local police department responded to the call and stopped the Client's vehicle in a gas station. The Arresting Officer observed the Client to have bloodshot and watery eyes, slurred speech, and an odor of alcohol coming from his breath. The Officer asked the Client to submit to standardized field sobriety tests which the Client then failed. The Client was placed under arrest and taken to the police station where he refused to submit to a breathalyzer test.
RESULTS:
(1) NOT GUILTY AFTER TRIAL
(2) DISMISSED

CHARGES:
(1) DRIVING UNDER THE INFLUENCE (DUI - BREATH TEST RESULTS OVER 0.15)
(2) DISORDERLY CONDUCT
(3) RECKLESS DRIVING
POLICE REPORT:
Client was observed swerving in and out of parked cars at a high rate of speed in the Misquamicut State Beach parking lot by a Rhode Island Department of Environmental Management Officer. The DEM Officer pulled the Client over. While speaking with the Client, the Officer observed slurred speech, bloodshot watery eyes, and a strong odor of alcohol emanating from his breath. The DEM Officer then administered the Horizontal Gaze Nystagmus field sobriety test, which the Client failed. The Client then became verbally abusive an belligerent towards the Officer, screaming profanities and attempting to fight the Officer. The Officer then administered the final two field sobriety tests, which the Client failed. The Client then submitted to the breathalyzer which determined that his blood alcohol level was 0.155 and 0.165, twice the legal limit of 0.08. The Client was charged with Driving Under the Influence with Breathalyzer Results Over 0.15, Reckless Driving, and Disorderly Conduct.
RESULTS:
(1) DISMISSED
(2) DISMISSED
(3) ONE YEAR PROBATION (NO LOSS OF LICENSE)

CHARGES:
(1) DRIVING UNDER THE INFLUENCE (DUI - BAC UNKNOWN)
(2) REFUSAL TO SUBMIT TO A CHEMICAL TEST (BREATHALYZER REFUSAL)
POLICE REPORT: Client was driving home from the bar. On the ride home, a local Police Officer witnessed the Client's motor vehicle travel into the breakdown lane, cross over the double yellow line multiple times, and make a left-hand turn without signaling. The Officer initiated a motor vehicle stop. Immediately upon speaking with the Client the Officer detected a strong odor of alcohol, bloodshot and watery eyes, and mumbled speech. The Officer requested the Client submit to standardized field sobriety tests, which the Client failed. The Officer placed the Client under arrest, transported her to the station, and requested that she submit to a breathalyzer test. The Client refused to submit to the breathalyzer test and was charged with Driving Under the Influence (BAC Unknown) and Refusal to Submit to a Chemical Test (Breathalyzer).
RESULTS:
(1) DUI REDUCED TO RECKLESS DRIVING (no further loss of drivers license and avoided a criminal conviction)
(2) DISMISSED

CHARGE: REFUSAL TO SUBMIT TO A CHEMICAL TEST (BREATHALYZER REFUSAL)
POLICE REPORT: Police received a phone call from a driver reporting a suspected drunk driver. Police observed the Client operating erratically and effected a motor vehicle stop. The Client refused to submit to field sobriety tests and was arrested for drunk driving. Client was transported back to the station where the Client allegedly refused to submit to a chemical test of his breath.
RESULTS: DISMISSED BY JUDGE AFTER ARGUMENT ON DEFENSE MOTION TO DISMISS

CHARGE: DRIVING UNDER THE INFLUENCE (DUI) - BLOOD TEST RESULTS BETWEEN 0.10 AND 0.15
POLICE REPORT: Police responded to a motor vehicle accident and found the Client, a student at a local University. The Client was taken via ambulance to a local hospital where she was questioned by the Police. The Client admitted drinking, leaving a bar, and crashing her motor vehicle. Client then consented to blood testing to determine her blood alcohol content. The Clients blood was then sent to the RI State Crime Laboratory where the Client’s blood alcohol level was determined to be 0.11 and also tested positive for marijuana.
RESULT: DUI REDUCED TO RECKLESS DRIVING (case placed on file for one year avoiding a criminal conviction)

CHARGES:
(1) DRIVING UNDER THE INFLUENCE (DUI - BAC UNKNOWN)
(2) REFUSAL TO SUBMIT TO A CHEMICAL TEST (BREATHALYZER REFUSAL)
POLICE REPORT: Client was reported to 911 by an anonymous caller who informed police that the Client was "swerving all over the road" and "was driving half of the time into oncoming traffic." Police stopped the Client, administered standardized field sobriety tests which the Client failed. Client was asked to submit to a Preliminary Breath Test. Client submitted and the Preliminary Breath Test results showed a blood alcohol level of 0.14, well over the legal limit of 0.08. Client was arrested, taken to the Police Station, read his rights and asked to submit to a chemical test. Client refused to submit to a chemical test (Breathalyzer) and was charged with Driving Under the Influence of Alcohol and Breathalyzer Refusal.
RESULTS:
(1) DUI AMENDED TO RECKLESS DRIVING (no further loss of drivers license and avoided a criminal conviction)
(2) DISMISSED

CHARGE: DRIVING UNDER THE INFLUENCE OF DRUGS (DUI DRUGS)
POLICE REPORT: Client, a 19 year old college student, attempted to enter college campus and campus Police detected a strong odor of marijuana coming from the vehicle. Police investigated and located a bowl and marijuana in the vehicle. The client smelled of marijuana, had bloodshot, glassy eyes and admited to the police that he smoked the marijuana twenty minutes before arriving at campus. Client was arrested for DUI Drugs (Marijuana).
RESULT: NOT GUILTY AFTER TRIAL

CHARGE: BREATHALYZER REFUSAL
POLICE REPORT: Client was at a bar when a fight broke out. The aggressor threatened the Client and told him to get in his vehicle and leave. Client, in fear, did as instructed. Police stopped the Client less than one mile from the bar. Client was clearly intoxicated and refused to submit to a chemical test. Client was charged with refusal to submit to a chemical test (Breathalyzer Refusal).
RESULT: NOT GUILTY AFTER TRIAL

CHARGE: DRIVING UNDER THE INFLUENCE (DUI - BAC UNKNOWN)
POLICE REPORT: Police respond to the report of a vehicle driving through a security gate. Police arrive on scene and request that the Client submit to a battery of field sobriety tests which the Client subsequently fails. Client is charged with Driving Under the Influence of Alcohol.
RESULT: DISMISSED AND EXPUNGED

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 Cape Cod 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 Massachusetts 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 Cape Cod police officer learns to administer these field sobriety tests in accordance with the protocol and guidelines set forth in the Massachusetts Criminal Justice Training Council and Massachusetts State Police 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

FULL RHODE ISLAND DUI LAWS

§ 31-27-2 Driving under influence of liquor or drugs


(a) Whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor except as provided in subdivision (d)(3) and shall be punished as provided in subsection (d) of this section.
(b) Any person charged under subsection (a) of this section whose blood alcohol concentration is eight one-hundredths of one percent (.08%) or more by weight as shown by a chemical analysis of a blood, breath, or urine sample shall be guilty of violating subsection (a) of this section. This provision shall not preclude a conviction based on other admissible evidence. Proof of guilt under this section may also be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of these, to a degree which rendered the person incapable of safely operating a vehicle. The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section.
(2) Whoever drives or otherwise operates any vehicle in the state with a blood presence of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by analysis of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as provided in subsection (d) of this section.
(c) In any criminal prosecution for a violation of subsection (a) of this section, evidence as to the amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, in the defendant's blood at the time alleged as shown by a chemical analysis of the defendant's breath, blood, or urine or other bodily substance shall be admissible and competent, provided that evidence is presented that the following conditions have been complied with:
(1) The defendant has consented to the taking of the test upon which the analysis is made. Evidence that the defendant had refused to submit to the test shall not be admissible unless the defendant elects to testify.
(2) A true copy of the report of the test result was mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath test.
(3) Any person submitting to a chemical test of blood, urine, or other body fluids shall have a true copy of the report of the test result mailed to him or her within thirty (30) days following the taking of the test.
(4) The test was performed according to methods and with equipment approved by the director of the department of health of the state of Rhode Island and by an authorized individual.
(5) Equipment used for the conduct of the tests by means of breath analysis had been tested for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore provided, and breathalyzer operators shall be qualified and certified by the department of health within three hundred sixty-five (365) days of the test.
(6) The person arrested and charged with operating a motor vehicle while under the influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or, any combination of these in violation of subsection (a) of this section was afforded the opportunity to have an additional chemical test. The officer arresting or so charging the person shall have informed the person of this right and afforded him or her a reasonable opportunity to exercise this right, and a notation to this effect is made in the official records of the case in the police department. Refusal to permit an additional chemical test shall render incompetent and inadmissible in evidence the original report.
(d) Every person found to have violated subdivision (b)(1) of this section shall be sentenced as follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one percent (.08%) but less than one-tenth of one percent (.1%) by weight or who has a blood presence of any scheduled controlled substance as defined in subdivision (b)(2) shall be subject to a fine of not less than one hundred dollars ($100) nor more than three hundred dollars ($300), shall be required to perform ten (10) to sixty (60) hours of public community restitution, and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge and/or shall be required to attend a special course on driving while intoxicated or under the influence of a controlled substance, and his or her driver's license shall be suspended for thirty (30) days up to one hundred eighty (180) days.
(ii) Every person convicted of a first violation whose blood alcohol concentration is one-tenth of one percent (.1%) by weight or above but less than fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is unknown shall be subject to a fine of not less than one hundred ($100) dollars nor more than four hundred dollars ($400) and shall be required to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge. The person's driving license shall be suspended for a period of three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcoholic or drug treatment for the individual.
(iii) Every person convicted of a first offense whose blood alcohol concentration is fifteen hundredths of one percent (.15%) or above, or who is under the influence of a drug, toluene, or any controlled substance as defined in subdivision (b)(1) shall be subject to a fine of five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge. The person's driving license shall be suspended for a period of three (3) months to eighteen (18) months. The sentencing judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for the individual.
(2) Every person convicted of a second violation within a five (5) year period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above but less than fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is unknown or who has a blood presence of any controlled substance as defined in subdivision (b)(2), and every person convicted of a second violation within a five (5) year period regardless of whether the prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state, shall be subject to a mandatory fine of four hundred dollars ($400). The person's driving license shall be suspended for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten (10) days nor more than one year in jail. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug treatment for the individual, and may prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock system for a period of one year to two (2) years following the completion of the sentence as provided in § 31-27-2.8.
(ii) Every person convicted of a second violation within a five (5) year period whose blood alcohol concentration is fifteen hundredths of one percent (.15%) or above by weight as shown by a chemical analysis of a blood, breath, or urine sample or who is under the influence of a drug, toluene, or any controlled substance as defined in subdivision (b)(1) shall be subject to mandatory imprisonment of not less than six (6) months nor more than one year, a mandatory fine of not less than one thousand dollars ($1,000) and a mandatory license suspension for a period of two (2) years from the date of completion of the sentence imposed under this subsection.
(3) Every person convicted of a third or subsequent violation within a five (5) year period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above but less than fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is unknown or who has a blood presence of any scheduled controlled substance as defined in subdivision (b)(2) regardless of whether any prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state, shall be guilty of a felony and be subject to a mandatory fine of four hundred ($400) dollars. The person's driving license shall be suspended for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less than one year and not more than three (3) years in jail. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug treatment for the individual, and may prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock system for a period of two (2) years following the completion of the sentence as provided in § 31-27-2.8.
(ii) Every person convicted of a third or subsequent violation within a five (5) year period whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above by weight as shown by a chemical analysis of a blood, breath, or urine sample or who is under the influence of a drug, toluene or any controlled substance as defined in subdivision (b)(1) shall be subject to mandatory imprisonment of not less than three (3) years nor more than five (5) years, a mandatory fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) and a mandatory license suspension for a period of three (3) years from the date of completion of the sentence imposed under this subsection.
(iii) In addition to the foregoing penalties, every person convicted of a third or subsequent violation within a five (5) year period regardless of whether any prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state shall be subject, in the discretion of the sentencing judge, to having the vehicle owned and operated by the violator seized and sold by the state of Rhode Island, with all funds obtained by the sale to be transferred to the general fund.
(4) Whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, when his or her license to operate is suspended, revoked or cancelled for operating under the influence of a narcotic drug or intoxicating liquor shall be guilty of a felony punishable by imprisonment for not more than three (3) years and by a fine or not more than three thousand dollars ($3,000). The court shall require alcohol and/or drug treatment for the individual; provided, the penalties provided for in subdivision 31-27-2(d)(4) shall not apply to an individual who has surrendered his or her license, and served the court ordered period of suspension, but who, for any reason, has not had their license reinstated after the period of suspension, revocation, or suspension has expired; provided, further the individual shall be subject to the provisions of paragraphs 31-27-2(d)(2)(i) or (ii) or 31-27-22(d)(3)(i), (ii), or (iii) regarding subsequent offenses, and any other applicable provision of § 31-27-2.
(5) For purposes of determining the period of license suspension, a prior violation shall constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1.
(ii) Any person over the age of eighteen (18) who is convicted under this section for operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of these, while a child under the age of thirteen (13) years was present as a passenger in the motor vehicle when the offense was committed may be sentenced to a term of imprisonment of not more than one year and further shall not be entitled to the benefit of suspension or deferment of this sentence. The sentence imposed under this section may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge.
(6) Any person convicted of a violation under this section shall pay a highway assessment fine of five hundred dollars ($500) which shall be deposited into the general fund. The assessment provided for by this subsection shall be collected from a violator before any other fines authorized by this section.
(ii) Any person convicted of a violation under this section shall be assessed a fee of eighty-six dollars ($86).
(7) If the person convicted of violating this section is under the age of eighteen (18) years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of public community restitution, and the juvenile's driving license shall be suspended for a period of six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing judge shall also require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and alcohol or drug education and/or treatment for the juvenile. The juvenile may also be required to pay a highway assessment fine of no more than five hundred dollars ($500), and the assessment imposed shall be deposited into the general fund.
(ii) If the person convicted of violating this section is under the age of eighteen (18) years, for a second or subsequent violation regardless of whether any prior violation and subsequent conviction was a violation and subsequent under this statute or under the driving under the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory suspension of his or her driving license until such time as he or she is twenty-one (21) years of age and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training school for a period of not more than one year and/or a fine of not more than five hundred dollars ($500).
(8) Any person convicted of a violation under this section may undergo a clinical assessment at the community college of Rhode Island 's center for workforce and community education. Should this clinical assessment determine problems of alcohol, drug abuse, or psychological problems associated with alcoholic or drug abuse, this person shall be referred to an appropriate facility, licensed or approved by the department of mental health, retardation and hospitals for treatment placement, case management, and monitoring.
(e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred (100) cubic centimeters of blood.
(f) There is established an alcohol and drug safety unit within the division of motor vehicles to administer an alcohol safety action program. The program shall provide for placement and follow-up for persons who are required to pay the highway safety assessment. The alcohol and drug safety action program will be administered in conjunction with alcohol and drug programs licensed by the department of mental health retardation and hospitals.
(2) Persons convicted under the provisions of this chapter shall be required to attend a special course on driving while intoxicated or under the influence of a controlled substance, and/or participate in an alcohol or drug treatment program. The course shall take into consideration any language barrier which may exist as to any person ordered to attend, and shall provide for instruction reasonably calculated to communicate the purposes of the course in accordance with the requirements of the subsection. Any costs reasonably incurred in connection with the provision of this accommodation shall be borne by the person being retrained. A copy of any violation under this section shall be forwarded by the court to the alcohol and drug safety unit. In the event that persons convicted under the provisions of this chapter fail to attend and complete the above course or treatment program, as ordered by the judge, then the person may be brought before the court, and after a hearing as to why the order of the court was not followed, may be sentenced to jail for a period not exceeding one year.
(3) The alcohol and drug safety action program within the division of motor vehicles shall be funded by general revenue appropriations.
(g) The director of the health department of the state of Rhode Island is empowered to make and file with the secretary of state regulations which prescribe the techniques and methods of chemical analysis of the person's body fluids or breath, and the qualifications and certification of individuals authorized to administer this testing and analysis.
(h) Jurisdiction for misdemeanor violations of this section shall be with the district court for persons eighteen (18) years of age or older and to the family court for persons under the age of eighteen (18) years. The courts shall have full authority to impose any sentence authorized and to order the suspension of any license for violations of this section. All trials in the district court and family court of violations of the section shall be scheduled within thirty (30) days of the arraignment date. No continuance or postponement shall be granted except for good cause shown. Any continuances that are necessary shall be granted for the shortest practicable time. Trials in superior court are not required to be scheduled within thirty (30) days of the arraignment date.
(i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on driving while intoxicated or under the influence of a controlled substance, public community restitution, or jail provided for under this section can be suspended.
(j) An order to attend a special course on driving while intoxicated that shall be administered in cooperation with a college or university accredited by the state, shall include a provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars ($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into the general fund.
(k) For the purposes of this section, any test of a sample of blood, breath, or urine for the presence of alcohol, which relies in whole or in part upon the principle of infrared light absorption is considered a chemical test.
(l) If any provision of this section or the application of any provision shall for any reason be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the section, but shall be confined in this effect to the provision or application directly involved in the controversy giving rise to the judgment.

Rhode Island DUI Lawyer Matthew Marin defends those charged with DUI (Drunk Driving, DWI, OUI, DUI Drugs) and Refusal to Submit to a Chemical Test (Breathalyzer Refusal) throughout Rhode Island, including the following cities and towns: Barrington, Block Island, Bristol, Burrillville, Central Falls, Charlestown, Coventry, Cranston, Cumberland, East Greenwich, East Providence, Exeter, Foster, Glocester, Hopkinton, Jamestown, Johnston, Lincoln, Little Compton, Middletown, Narragansett, Newport, New Shoreham, North Kingstown, North Providence, North Smithfield, Pawtucket, Portsmouth, Providence, Richmond, Scituate, Smithfield, South Kingstown, Tiverton, Wakefield, Warren, Warwick, Westerly, West Greenwich, West Warwick, Woonsocket. If you have been arrested in Rhode Island for DUI (Drunk Driving), call immediately for a free initial consultation and case evaluation with an experienced Rhode Island DUI Lawyer. Rhode Island DUI Attorney Marin is available 24/7 at (401) 228-8271.



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DISCLAIMER: By 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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