Close X

RHODE ISLAND CRIMINAL DEFENSE BLOG

Can you refuse a Preliminary Breath Test in Rhode Island?

Posted by Matthew Marin | Jul 19, 2017 | 0 Comments

As a motorist you are legally obligated to submit to a preliminary breath test when requested to do so by a law enforcement officer who has reasonable suspicion that you are driving under the influence in the State of Rhode Island. If you are requested to take a preliminary breath test and you refuse, you will be subject to an $85 fine but you will not face the likelihood of a license suspension based on this violation.

Can I beat a RI DUI charge if I failed a breath test?

Posted by Matthew Marin | Jul 17, 2017 | 0 Comments

We are frequently asked by potential clients if it is possible to beat a Rhode Island DUI charge if you have submitted to and failed a breath test. Like most questions in the law, the answer is not always a straightforward yes or no. On the positive side, it is absolutely possible to beat a RI DUI case after failing a chemical breath test. It is by no means automatic that you will lose your case and be convicted just because you took a chemical breath test and your readings were over the legal limit. On the other hand, it is also not a sure thing that your case can or will be beaten.

What does dui/first offense/bal unk mean in Rhode Island?

Posted by Matthew Marin | Jul 14, 2017 | 0 Comments

The charge of “dui/first offense/bal unk” indicates that you are being charged with a first offense drunk driving charge and that the police do not have blood or breath test evidence against you. Instead, they intend to proceed with observation evidence of your impaired operation and believe they can prove that you were operating a motor vehicle at a time that you were impaired to a degree that rendered you incapable of safely operating a motor vehicle.

Is DUI a Felony in Rhode Island?

Posted by Matthew Marin | Jul 12, 2017 | 0 Comments

Under most circumstances, being charged with DUI or drunk driving will not result in felony charges being brought against the driver. The vast majority of DUI charges brought and prosecuted in the State of Rhode Island are misdemeanor charges.

Does an Out-of-State DUI Count as a Prior Offense in Rhode Island?

Posted by Matthew Marin | Jul 11, 2017 | 0 Comments

It is common for us to represent Clients who have run into trouble before outside the State of Rhode Island. Due to the fact that each State maintains their own set of criminal and drunk driving laws, trying to determine whether a prior run-in with the law constitutes a "prior offense" under the Rhode Island DUI law can be more difficult that it seems.

Are Second Offense Chemical Test Refusal Charges in Rhode Island Constitutional?

Posted by Matthew Marin | Apr 22, 2016 | 0 Comments

In the near future, the United States Supreme Court will determine whether it is constitutional for the State of Rhode Island to criminally punish individuals for refusing to submit to a chemical test. The impact of this determination could be huge. If you are charged with a second offense chemical test refusal in Rhode Island, be sure to speak with an experienced Rhode Island DUI Defense Attorney as soon as possible.

  • 1 of 9

Attorney Marin Named A Super Lawyers Rising Star Three Consecutive Years 2014-2016

Attorney Matthew Marin was named a Rhode Island Rising Star by Super Lawyers for 3 consecutive years from 2014 thru 2016. Each year, no more than 2.5 percent of the lawyers in Rhode Island are selected by the Research Team at Super Lawyers to receive this honor. Super Lawyers selects lawyers who have attained a high degree of peer recognition and professional achievement in their practice area.


Rhode Island Member of the National College for DUI Defense

Attorney Marin is a Rhode Island General Member of the National College for DUI Defense. Members represent some of the most experienced and cutting edge DUI defense attorney's throughout the Country. Nationwide, DUI laws are extremely complex and constantly changing and the College facilitates the exchange of innovative defenses throughout the Country.

NCDD National College for DUI Defense: Matthew Marin