CHARGE: FIRST OFFENSE DUI (BAC UNKNOWN)

Attorney Kensley Barrett with the Marin and Barrett Law Firm is pleased to announce another successful DUI defense result for a Client.  Our client had been stopped in Providence County for a speeding violation. The Client admitted the State Police Trooper that he had two drinks and he then voluntarily submitted to the standardized field sobriety tests.  He was arrested on suspicion of DUI and back at the State Police Barracks he provided three breath samples. 

We evaluated the case against our Client as well as information and mitigation provided to us by the Client.  We were able to present that information to the Prosecutor who subsequently agreed to amend the DUI charge to Reckless driving.  We were able to create doubt in the mind of the Prosecutor about the reliability of the breath test results due to our Client's severe acid reflux problem which contributed to constant belching and burping at the station house.  Belching and burping during the test is in violation of the Rhode Island Department of Health protocol for administration of chemical breath tests in DUI chases.

Our Client's plea of nolo contendre to the amended charge of Reckless Driving resulted in a one year filing (stay out of trouble) and a sixty day loss of license. Most importantly, our Client was able to avoid a criminal conviction on his record.

RESULT: FIRST OFFENSE DUI CHARGE REDUCED TO RECKLESS DRIVING resulting in a one year filing, a sixty day loss of license and no criminal conviction on August 30th, 2022