We very often speak with potential clients who have been charged with driving under the influence and refusal to submit to a chemical test. In many cases, they are very confused about the particular charges they are facing because they are facing charges of chemical test refusal and DUI even though they took a breath test when the police asked.
Yes, the Rhode Island DUI law allows the police to arrest you for DUI on private property (even while they cannot do the same in Massachusetts). But, if you are charged with DUI on private property you should seek the representation and guidance of an experienced Rhode Island DUI lawyer to explore and utilize any potential defenses that may be available to you.
The Police can, and in most cases likely will, arrest you if you are drunk in a parked car. However, with the help of an experienced Rhode Island DUI defense lawyer it may be difficult for a prosecutor to obtain a criminal conviction beyond a reasonable doubt.
If your college student son or daughter has been arrested and charged with DUI in Rhode Island, you are probably worried about many of the same things that our former and current clients have been worried about: is my investment in my son or daughter’s college education going to go to waste?
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.
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...
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.
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.
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.
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.
Attorney Matthew Marin has been named a Rhode Island SuperLawyer for 7 consecutive years from 2014 thru 2020. 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 Marin and 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.
