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RHODE ISLAND CRIMINAL DEFENSE BLOG

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.  The legal difference between misdemeanor and felony charges in Rhode Island is based upon the maximum jail sentence that could be imposed if the charge resulted in a conviction.

Misdemeanor criminal charges in Rhode Island carry a maximum jail sentence of one year or less.  First offense DUI charges and Second offense DUI charges are both misdemeanor charges because they carry a maximum jail sentence of up to one year at the ACI (RI State Prison).  Additionally, if you are charged with refusing to submit to a chemical test, second or third offense, these are also both misdemeanor criminal offenses for DUI related charges.

Felony criminal charges, on the other hand, carry a maximum jail sentence of more than one year.  Felony DUI charges are less frequent, and generally require aggravating circumstances or a significant prior record with DUI related charges.  Some examples of Felony DUI charges include third offense DUI charges, charges for DUI resulting in personal injury, DUI resulting in physical injury, or DUI death resulting.  Most felony DUI charges carry significant mandatory jail sentences in addition to the lengthy potential maximum jail sentence.

In summary, most Rhode Island DUI charges are not felony charges.  If you have never been in trouble before and there are not significant aggravating circumstances in your case, you have most likely been charged with a misdemeanor DUI offense.  However, depending on the facts of the case and your prior record it is possible to be charged with a felony DUI in Rhode Island and that charge will carry a lengthy maximum jail sentence in addition to a significant mandatory minimum jail sentence.

All Rhode Island DUI charges should be dealt with in a serious manner as they all carry the possibility of incarceration, thousands of dollars in fines and costs, a criminal record, and long periods of license suspension.  Contact Attorney Matthew Marin to discuss your DUI case and to listen to our individualized approach and the DUI defense strategy we would recommend in your case.  We can be reached at 401-228-8271 or by email at mm@matthewtmarin.com.

About the Author

Matthew Marin

My name is Attorney Matthew Marin. I have dedicated my career to defending those charged with criminal offenses throughout Rhode Island. If you have been arrested or are under investigation for a criminal offense, we understand that are likely in an unfamiliar situation that can be extremely intimidating and even paralyzing. You may feel as if you do not know where to turn or who to ask for help. Fortunately, you have come to the right place to begin your search for answers and a successful resolution to your situation. We have extensive experience assisting thousands of clients facing drunk driving charges, domestic violence charges, and drug charges throughout Rhode Island.

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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