For individuals over the age of 21, the legal blood alcohol limit in Rhode Island in 2017 is 0.08%. Above this limit, you are deemed by law to be driving under the influence in the State of Rhode Island.
One of the unknowns you may face is the impact that a DUI charge could potentially have on your ability to receive financial aid from the government. To know if your FAFSA, or free application for federal student aid, will be impacted depends on the particular charge or charges that you are facing.
In Rhode Island, the penalties for boating under the influence can be extremely severe. Every person who operates a boat under the influence with a blood alcohol content in excess of 0.10 or whose blood alcohol content is unknown will, if convicted, but guilty of a misdemeanor. The Court will impose a mandatory fine, community service, and potentially a prison sentence of up to one year.
The Rhode Island DMV maintains a list of approved ignition interlock providers. Each one of these will satisfy a Rhode Island District Court or Traffic Tribunal Order requiring an ignition interlock device.
A Rhode Island DUI conviction can cause serious negative consequences when seeking employment. Typically, a part of each and every job application will involve answering questions about your criminal history. Depending on the type of job you are seeking, the questions may also request information about your driving record and violation history.
If you hold a Massachusetts drivers license, navigating a Rhode Island DUI case can be extremely difficult. Typically, the Commonwealth of Massachusetts will not take action on your Massachusetts drivers license while your Rhode Island DUI case is still pending.
We are pleased to announce a successful ruling made in the appeal of a chemical test refusal conviction on behalf of one of our Clients. Our Client had been charged with a chemical test refusal by the Burrillville Police Department in October of 2013. The case proceeded to trial at the Rhode Isla...
In Rhode Island, an ignition interlock license is a limited privilege to operate a motor vehicle that is typically imposed as part of a sentence on a DUI or chemical test refusal case.
In Rhode Island, an ignition interlock device is a device that prevents individuals from operating a motor vehicle while under the influence of alcohol. The device operates as a breathalyzer attached to an individuals vehicle.
A first offense shoplifting charge carries the potential of up to a one year jail sentence. While the vast majority of those charged with shoplifting for the first time in Rhode Island do not realistically face incarceration, it is possible.
A charge of second offense DUI within a five year period is a serious misdemeanor criminal charge that carries with it a mandatory jail sentence. In addition to a period of incarceration, the second offense drunk driving charge carries thousands of dollars in fines, costs, and assessments, alcohol and/or drug treatment, and a lengthy period of probation and suspended jail sentence.
An experienced Rhode Island DUI attorney may be able to keep your license to drive to and from work (and other important appointments and obligations) after you have been arrested and charged with a DUI.
Federal Law regarding CDL licenses provides that if you are convicted of a DUI or refusal to submit to a chemical test in Rhode Island, you will automatically lose your CDL license for a minimum of one year.
No, you do not automatically lose your license for a DUI in Rhode Island. In Rhode Island, you will never automatically lose your license after being arrested and charged with DUI in RI. At a minimum, you will keep your drivers license until you appear in Court at your first court date.
Rhode Island DUI law provides for enhanced penalties for those charged with DUI when you have been convicted of a prior DUI offense within the preceding five years. This is in contrast to other states, including Massachusetts, where there is a lifetime look-back period.
Your first appearance before a District Court Judge on a Rhode Island DUI charge is referred to as an arraignment. You will be asked for your name, address, and date of birth. The Judge will then proceed with the arraignment and ask you if you plead guilty or not guilty.
A first offense DUI charge that resulted in a conviction will remain on your record for at least five years and may be removed if you are legally eligible under the Rhode Island expungement law.
The Rhode Island implied consent law means that when you are issued a drivers license you impliedly consent to taking a chemical test if arrested on suspicion of DUI.
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.
In Rhode Island, if your DUI case heads to trial the Prosecution will not be able to tell the jury that you refused to submit to a breath test. While you can be cited for refusing to submit to a chemical test, the Rhode Island DUI law specifically prohibits the Prosecution from using this evidence against you at trial with some limited exceptions.
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.
The fine imposed for a DUI conviction in Rhode Island varies based on the nature and severity of the offense charged. For first offense DUI convictions, the fine imposed for can range between $100 and $500.
Most individuals charged with driving under the influence in Rhode Island a DUI charge will not result in a jail sentence. However, for those charged with DUI’s involving aggravating circumstances or second and third offense DUI charges, the likelihood of jail increases substantially.
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.
Were you stopped and charged with driving on a suspended license after your license had been suspended for refusal to submit to a chemical test in RI? If so, you are facing a very serious criminal offense that carries a mandatory minimum jail sentence of at least ten days if convicted for a first offense.
Attorney Matthew Marin has been named a Rhode Island SuperLawyer for 10 consecutive years from 2014 thru 2023. 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.
Attorneys Matthew Marin and Kensley Barrett are both Rhode Island General Members 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.
