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.
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.
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.
June 26, 2017 - The Rhode Island State Police made twelve arrests for drunk driving and one arrest for boating under the influence over the late June summer weekend.
The Rhode Island Senate is currently considering legislation that would effectively eliminate life-without-parole sentences for juvenile offenders by mandating that anyone convicted of a crime before the age of 18 be eligible for parole in 15 years.
A proposed bill in 2017 would allow Rhode Islander's to expunge more than one misdemeanor criminal conviction under certain circumstances. Read our full blog post to learn more about the possible changes coming to the Rhode Island expungement law.
Experienced Rhode Island DUI Attorney Matthew Marin says that Rhode Island residents will be under extra scrutiny during Rhode Island's DUI crackdown this New Year’s Eve and New Year’s Day.
PROBATION VIOLATIONS - Last week, the Rhode Island Supreme Court issued an order amended the Rhode Island District Court Rules of Criminal Procedure with respect to probation violations. Read our post to discover how the new legal standard imposed for District Court probation violations may impact your case.
In a recent decision handed down by the Rhode Island Supreme Court, the Court ruled that a Rhode Island State Police Trooper lacked probable cause to arrest and search a defendant for drugs based on the information provided by a confidential informant.
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.
Rhode Island Lawyer's Weekly has featured a new drug defense technique featured by Attorney Matthew Marin in a marijuana possession case in their most recent issue.
Attorney Matthew Marin was recently featured in Rhode Island Lawyers Weekly in an extended question and answer regarding recent litigation involving the Rhode Island DUI RIghts Form as well as a recent Superior Court ruling on the issue.
The Rhode Island Department of Environmental Management has charged two men with the theft of oysters from Point Judith Pond based on an incident that occurred last fall.
Attorney General Peter Kilmartin is renewing a push for tougher penalties that he calls a better deterrent for the harm caused by drunk drivers. According to AG Kilmartin, "Choosing to get behind the wheel of a motor vehicle while intoxicated or impaired on drugs is like playing with a loaded fi...
The latest in a series of numerous Rhode Island State Police arrests are detailed in a recent article in the Warwick Post. The recent DUI arrests include individuals who were stopped by the State Police in the City of Warwick. Read the full story at the Warwick Post at the link below: http://w...
The Rhode Island State Police reported 10 DUI arrests throughout the State last weekend. The arrests included a wrong way driver on Route 95 and a driver who crashed into a tow truck. To read the full story as reported by the Coventry Patch, follow the link below: http://patch.com/rhode-island/...
An undercover operation dubbed "Operation Frontpage" was conducted by the Coventry and West Greenwich Police Department at a local hotel over the weekend. The Operation resulted in the arrests of seven men on charges of the procurement of sexual conduct for a fee. The Operation was designed to un...
As reported by the Providence Journal, a 54 year old RIPTA Worker was arrested by the Rhode Island State Police on charges of possession and transfer of child pornography. the arrest was the result of an investigation by the State Police Computer Crimes Unit and Internet Crimes Against Children T...
To read the full story, click through to WPRI.com below: http://wpri.com/2015/12/14/johnston-firefighter-charged-with-dui-following-crash/ #rhodeislandduilawyer #rhodeislandcriminaldefenselawyer http://www.matthewtmarin.com/rhode_island_dui_defense_lawyer.html
A Johnston High School science teacher was arraigned Friday morning in District Court, Warwick, on three felony counts, two of forgery and counterfeiting and one of embezzlement and fraudulent conversion.
Rhode Island State Police were dispatched to investigate a motor vehicle accident on Service Road in Providence late Saturday night. While speaking with one of the drivers involved, the determined that she was under the influence of alcohol. Additionally, she was unlawfully in possession of a ...