Did you get arrested for a DUI in Rhode Island? If so, you need legal help to avoid a conviction and keep you out of jail.
A Rhode Island DUI lawyer at Manosh Payette Criminal Defense Attorneys will vigorously defend your rights from start to finish. We have more than 36 years of combined experience doing criminal defense work. Our lawyers aren’t afraid to stand up to prosecutors and argue on your behalf at trial.
The first step is to contact our office at (401) 389-4739 and schedule a free consultation with a Rhode Island DUI attorney today.
How Manosh Payette Criminal Defense Attorneys Can Help if You Are Arrested for a DUI in Rhode Island
Manosh Payette Criminal Defense Attorneys can help you get the best possible outcome in your DUI case. Our criminal defense lawyers in Rhode Island are former public defenders, which means we understand the ins and outs of the system, as well as anyone else. We can use our experience and knowledge to your advantage.
We help our clients stay out of jail, avoid criminal convictions, and defend their reputations. We aren’t afraid of going to trial and arguing the case before a jury. If you are convicted of a DUI, we can mitigate the consequences to the best of our ability.
Our many clients trust us to:
- Explain the law in an easy-to-understand manner
- Discuss the potential outcomes of the charges
- Conduct an independent investigation
- Collect and review evidence
- File pretrial motions, including bond motions
- Communicate directly with the prosecutor
- Negotiate to have the charges dropped or reduced if possible
- Represent them at trial and all court hearings
Getting charged with a crime is one of the most anxiety-inducing things that can happen in your life. We will be by your side each step of the way. Call our office today to schedule a free case review.
Overview of DUI Laws in Rhode Island
Like many states, in Rhode Island, it is illegal to drive when under the influence of alcohol, drugs, or any controlled substance. Driving under the influence means that you are impaired, such that you cannot safely drive the car.
You may be considered under the influence if you are showing signs of intoxication like:
- Slurred speech
- Bloodshot eyes
- Staggering or swaying
- Lack of coordination
- Lack of focus
- Odor of alcohol
- Excessive sweating
If you are exhibiting signs of intoxication, you may be arrested for DUI.
Field Sobriety Tests
If you are pulled over for a suspected DUI, the police may ask you to conduct a field sobriety test. Law enforcement uses field sobriety tests to establish probable cause and collect evidence to use later in court.
Field sobriety tests are optional. However, if you refuse to participate in field sobriety tests, you can still get arrested for a DUI. Some of the most common field sobriety tests are:
- Horizontal gaze nystagmus test (usually following a pen with your eyes)
- One-legged stand test (balance test)
- Walk-and-turn test (staggering test)
The police may testify about your performance on the field sobriety tests later at trial. However, police often make mistakes during field sobriety tests. We can cross-examine the police officer on their failure to administer the test properly and fight back against this evidence.
BAC and Per Se DUI Laws
The legal limit for blood alcohol content (BAC) while driving is 0.08%. If you have 0.08% or more alcohol in your blood while driving then you will most likely be convicted of a DUI. If you are driving a commercial vehicle then the limit is much lower. It is 0.04%.
Some people handle their alcohol better than others. Even if you are not exhibiting any signs of intoxication at 0.08%, you can still get convicted based on your BAC.
Implied Consent
When police suspect that someone is drunk driving, they usually will ask them to take a breathalyzer test. This device measures the amount of alcohol in your breath and then converts it to a BAC.
After your arrest, the police may also ask you to submit to a blood test that is more accurate than a breathalyzer.
Many of our clients wonder if they can refuse these tests. Technically, you can. However, by driving in Rhode Island, you have legally consented. This is called implied consent law. If you refuse a breathalyzer or blood test, there will be penalties.
If you refuse to take a breathalyzer, you can get a fine. If you refuse a blood test, you will face more serious penalties like an additional driver’s license suspension, a fine, and mandatory community service. These penalties apply even if you aren’t convicted of the underlying DUI.
What Are the Penalties for a DUI Conviction in Rhode Island?
The penalty for a DUI conviction in Rhode Island depends on the circumstances and type of DUI charge. There are enhancements for people who have a higher BAC.
First-Offense DUI
A first-offense DUI is a misdemeanor. If your BAC is between 0.08% – 0.1% then you will face:
- Up to 1 year in jail
- $100 – $300 fine
- $500 highway assessment fee
- 10 – 60 hours of community service
- Mandatory DUI course
- 30 – 180 day license suspension
- Potential ignition interlock device installed in your car
If your BAC is more than 0.1% then you can potentially face a longer license suspension period and a larger fine.
Second Offense Within 5 Years
If you get a second DUI within 5 years of your first DUI, then you are charged with a misdemeanor but will face enhanced penalties. For a BAC between 0.08% – 0.15%, you can get:
- Mandatory 10 days in jail and up to 1 year
- $400 fine
- $500 highway assessment fee
- Mandatory substance abuse treatment
- 1-2 year license suspension
- Mandatory ignition interlock device for 1-2 years
If your BAC is higher than 0.15% then there is a mandatory minimum jail sentence of 6 months. There is also a $1,000 fine and a two-year license suspension.
Third or Subsequent Offense Within 5 Years
People who are convicted of a third or subsequent DUI within 5 years of another DUI will face a felony charge. This is much more serious than a misdemeanor. If convicted, you could face:
- $400 fine
- $500 highway assessment fee
- Mandatory 1 year in jail up to 3 years
- 2-3 year license suspension
- Mandatory substance abuse assessment and treatment
- Mandatory 2-year ignition interlock device
If your BAC is elevated above 0.15%, then you can get a $5,000 fine, a minimum of 3 years in jail (up to 5), and a three-year license suspension,
What Defenses Can Be Raised if I Am Accused of a DUI in Rhode Island?
Fortunately, there are many defenses that we can raise if you are accused of a DUI. The most obvious defense is that you were not, in fact, driving while intoxicated.
Some other common defenses are:
- Improper field sobriety tests
- Malfunctioning breathalyzer
- Inaccurate blood test results
- Unlawful stop (no reasonable suspicion)
- Lack of probable cause
- Low BAC
- Medical issues
The prosecution always has the burden to prove you are guilty of a DUI beyond a reasonable doubt. This is a heavy burden. If the prosecutor doesn’t produce enough evidence to prove that you are guilty beyond a reasonable doubt then you cannot get convicted of the DUI.
If your case goes to trial, our job is to poke holes in the prosecutor’s case. That includes objecting, cross-examining witnesses (like the police officers), and arguing on your behalf. We may also call or hire expert witnesses to help with your case.
We will discuss the best defense strategy throughout your case. Your Rhode Island DUI accident lawyer will explain each step in the process and the logic behind all decisions. Our priority is to make sure that you are clear about what is happening in your case at all times.
Contact Our Rhode Island DUI Lawyers for a Free Consultation
Manosh Payette Criminal Defense Attorneys are ready to take on your case. You don’t want to waste time and let the prosecutor get the upper hand. The sooner that you call us the sooner that we can begin to fight for your freedom.
Contact our Rhode Island DUI lawyers today to schedule a free consultation.
