8/3/2026 | DUI Amended to Reckless Driving: Attorney Murphy Avoids a DUI Conviction for Client Facing a First Offense DUI

CHARGE: First Offense DUI, BAC .15 or Greater (R.I. Gen. Laws § 31-27-2(d)) — amended to Reckless Driving (R.I. Gen. Laws § 31-27-4)

If you’ve been charged with DUI and your breath test came back at .15 or higher, someone has probably already told you the number decides everything. It doesn’t. Our client was facing exactly that situation — a reading nearly double Rhode Island’s legal limit, sitting in the state’s harshest first-offense penalty tier. Attorney Stefanie Murphy didn’t treat that number as the end of the conversation. She treated it as the start of one, and the DUI charge came down to reckless driving.

What the Client Was Facing

A BAC of .15 or greater doesn’t get treated like an ordinary first-offense DUI in Rhode Island — it triggers enhanced penalties under §31-27-2(d) that go well beyond the standard track. Left alone, this case meant a DUI conviction, a longer license suspension, fines above the normal first-offense range, mandatory community service, court-ordered alcohol treatment, and real jail exposure. And that’s just what’s written into the statute. A DUI conviction at this level follows someone for years afterward — it shows up on background checks, it drives up insurance rates, and it comes up in job screenings long after the case is closed.

Here’s what most people don’t realize when they see that number on the printout: a high BAC reading looks conclusive, but it’s only as good as the process that produced it. That process has a lot of steps, and every one of them can be challenged.

How Attorney Murphy Built the Defense

Before accepting anything about that .15 reading at face value, Attorney Murphy went through the police reports, the testing procedures, and the circumstances of the stop line by line. Most clients never think to ask whether the breath-test instrument was properly calibrated and within its certification window, whether the officer waited out the required observation period before testing, whether the officer administering the test was actually certified to do so, or whether the number reported even lined up with everything else observed during the stop. Those questions are where DUI cases are actually won or lost.

Attorney Murphy found real issues with the reliability and admissibility of the State’s testing results — and instead of letting the .15+ number stand as an assumed fact, she put the State’s own evidence under the same scrutiny most people only expect to face themselves.

Why It Took Persistence, Not Just Preparation

This didn’t resolve in one conversation. Attorney Murphy kept pressing these issues through conference after conference, and she didn’t accept a deal that left the client with a DUI conviction just because it was on the table. Prosecutors in high-BAC cases often start from the position that a .15+ reading rules out anything short of a DUI conviction. Getting past that takes someone willing to keep making the case at every single appearance instead of taking the first offer to move on.

That persistence is what got the charge amended to reckless driving in Washington County District Court — and then filed, which means the case resolves without a conviction on the client’s record, as long as the client meets the court’s conditions.

What a Filed Reckless Driving Charge Actually Means

A filed disposition is not a conviction. No DUI on the record. No mandatory license revocation tied to a DUI finding. No DUI education requirement. As long as the client meets the conditions of the filing period, this case closes clean.

It also opens a door most people don’t know exists yet: reckless driving is a misdemeanor in Rhode Island, and misdemeanor dispositions like this one are often the best-positioned cases for expungement down the road. We get this question constantly from clients in this exact position — can this eventually be sealed, and how long does that take? The honest answer depends on the specifics of the case and what happens between now and then, which is exactly why we walk every client through what expungement actually requires before their filing period is even close to ending.

If Your Case Started With a High BAC Number, Don’t Assume It’s Over

The single biggest misconception in DUI cases is that a high number on the printout decides the outcome. It doesn’t. The State still has to prove the test was administered correctly, that the machine was reliable, and that every legal requirement along the way was actually met. If any link in that chain is weak, the case is weaker than the number makes it look.

Calibration records, officer certification, the observation period, the details of the stop itself — all of it can be challenged, and all of it matters. In this case, going through the State’s own testing procedures with a fine-toothed comb, and refusing to give up on it across multiple court conferences, produced a result that looking at the BAC number alone would never have predicted.

Charged With a High-BAC DUI in Rhode Island? Call Before You Assume Anything.

A high reading feels like the case is already decided. It isn’t — but it does require an attorney who knows exactly which parts of the State’s process to pick apart, and who won’t stop pressing those issues just because the first offer sounds easier than fighting.

At Marin & Murphy Law Firm, we’ve defended hundreds of DUI cases across every BAC tier in Rhode Island, and our case results reflect that. If you or someone you know is facing a high-BAC DUI charge, call us right away — the earlier we get involved, the more options we have. Reach us 24/7 at (401) 269-3381 or email mm@matthewtmarin.com. The consultation is free and confidential, and we’ll tell you straight what’s possible.

CASE RESULT: DUI charge (BAC .15 or greater) amended to reckless driving and filed. No DUI conviction. Client avoided license suspension, DUI-level fines, and mandatory alcohol treatment tied to a DUI finding.

Practice area(s): Criminal Defense, DUI / DWI

Court: Washington County District Court, Rhode Island

Resolved: August 3, 2026

Past results do not guarantee future outcomes. Each case is evaluated on its own facts and circumstances. This post is for informational purposes only and does not constitute legal advice.