Ironically, Rhode Island
has been one of the most pro-prohibition minded states in the country,
yet has one of the worst drunk driving statistics. First it was called
“Sabbatarianism," the fundamental Protestant belief that Sundays
were special days with no revelry, entertainment, or drinking allowed.
Rhode Island passed one of the first prohibition laws in 1852 which
lasted almost a dozen years. And, like several states, many
jurisdictions can still vote to ban the sale of liquor.
But lately, Rhode Island has had the dubious distinction of being the
state with the highest rate of refusal to take the blood alcohol
content (BAC) test (In 2001, 84.9% of suspected drunk drivers refused
testing). And news reports have placed the state at the top of the
alcohol-related traffic fatalities in the nation. Needless to say there
has been great pressure to amend the states infamous reputation with
harsher penalties across the board for driving under the influence of
alcohol and drugs (DWI).
In Rhode Island the term DWI means Driving While Intoxicated and not
having the normal use of your mental or physical faculties by reason of
the introduction of alcohol, a controlled substance or a combination of
these or any other intoxicants into the body.
Every driver in Rhode Island has given their ‘implied
consent’ for a blood alcohol content test (BAC) when they
received a license. This means their breath, blood, or urine will be
tested for alcohol and/or drugs when under the suspicion of a Rhode
Island DWI charge. You should note that you have the right to a second
test at your own expense at a place of your choice. When blood is drawn
with or without a request from law enforcement, it is extremely
important to have your Rhode Island DWI attorney contact the hospital
or lab immediately with notice of the federal confidentiality law and
to assert your patient’s rights regarding confidentiality of
medical records.
The Rhode Island DWI ‘per se’ law states that a blood
alcohol content of .08% by itself constitutes impairment to a degree
that you are assumed to be unsafe behind the wheel. However, you can
also be prosecuted for driving ‘under the influence’ if it
can be proven that you were driving in an unsafe manner. Under this
theory circumstantial evidence, such as slurred speech, blood shot,
watery eyes, unbalanced coordination, hazardous driving, and field
sobriety tests can be proof that a driver was “under the
influence”.
If you haven’t been drinking or you believe that you might have
been “impaired” from a benign source such as alcohol based
paint or solvents, mouthwash, prescription or over-the-counter drugs be
aware that you can still be arrested for an Rhode Island DWI, even
though you are not “legally drunk”, and are still subject
to ALR (automatic license revocation).
After being charged with a Rhode Island DWI you’re going to face
two adversaries: the criminal courts, and the Rhode Island Department
of Motor Vehicles (DMV). If your license was suspended or revoked
because of a DWI, you will be offered a formal hearing.
You have the right to make a request within 10 days (after receiving a
notice of license suspension) for an administrative hearing with the
Rhode Island DMV to try avoiding losing your driving privileges. Your
license will be lost if a hearing is not requested, for not appearing,
or for an unsuccessful outcome. DMV sanctions can also be imposed even
if you are found not guilty in a criminal court case.
DMV hearings may be a crucial opportunity to let your Rhode Island DWI
defense attorney cross-examine and rebut testimony, confront evidence
offered by those involved in your arrest and investigation. It is
possible to receive a driver’s license suspension for a DWI
conviction and a suspension for a BAC test refusal or failure. DMV
penalties and court sanctions may seem similar, but they are different.
However, they usually run concurrently (at the same time).
Be advised that Rhode Island has an out-of-state Driver’s License
Compact Agreement. This means that Rhode Island DWI convictions will be
reported to your home state which will generally take action to suspend
your license. Offenses for out-of-state drivers can also create other
complications. Consequently, it’s imperative that you contact a
local Rhode Island DWI attorney to walk you through the procedures and
insure that you don’t face complications with bail, jail, and
your driving privileges.
Across the country DWI laws and evidentiary procedures are being
challenged, while at the same time state laws are becoming more severe.
To be certain that you have the correct and current knowledge contact a
Rhode Island DWI specialist. In any case, when you are stopped and
arrested for suspicion of a Rhode Island DWI, request to see a DWI
attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an
officer had probable cause to think you were driving in an impaired
manner. Arrests for drunk driving in every state focuses on four areas:
driving patterns, physical appearance, field sobriety tests, and
chemical tests.
Not all reasons offered by officers are legal all the time. Check with
a Rhode Island DWI attorney who will examine all the different aspects
of your case, will defend you aggressively and try to mitigate any
penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will
incriminate you. Most people say that they have had a "couple of
drinks” which is not necessarily incriminating. However such
"statements of consumption" will be used against them in court or at a
hearing.
And if you plan to refuse a sobriety test – which may not be the
best action – you should inform the officer who stopped you that
you would rather wait until you can consult with a Rhode Island DWI
lawyer. But be advised if you refuse the test under the implied consent
law you can lose your license on the spot, and probably for many months.
Did I Have A Right To Make A Call?
The police are not required to advise you of this right. But once a
request is made in Rhode Island, they are obligated to provide you with
an opportunity to make a call, hopefully to a Rhode Island DWI
specialist, after your test has been administered or refused.
I’m Simply Going To Plead Guilty, Why Do I Need A Rhode Island DWI Lawyer?
The penalties and the numerous, complicated laws relating to motor
vehicles, DWI charges and Rhode Island drunk driving laws should be
taken very seriously. Rhode Island DWI convictions and penalties can be
long lasting and severe, both in court and with the Rhode Island
Department of Motor Vehicles, which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your
defenses thereby mitigating your penalties. A Rhode Island DWI defense
attorney will level the playing field between you and the prosecution
in an effort to provide and preserve your constitutional rights.
When considering consulting a Rhode Island DWI attorney, take into
account the impact of criminal convictions: possible loss of voting
privileges, increased cost or cancellation of auto insurance, lost
educational opportunities, inability to rent or own cars, restrictions
on travel, damage to security clearances, job barriers, possible harm
to professional credentials or certifications, and the loss of freedom.
Don’t you think these rights, possessions, achievements and
abilities are worth protecting?
What’s A Rhode Island DWI Defense Attorney Going To Cost?
One of the biggest concerns for people charged with driving while
intoxicated is attorney fees. As cases vary, so does cost. Most people
don’t realize that money spent now on skillful help from a Rhode
Island DWI attorney might save them thousands of dollars in the years
to come.
What Are Court Costs?
Additional costs outside of the fine for court or administrative
services, regulated by state penal or vehicle codes violated. They can
be costly.
Did I Have To Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test"
is voluntary, but do not expect an officer to inform you of this.
According to the National Highway Traffic Safety Administration
(NHTSA), the only tests that have been shown to have some relevance to
establishing legal intoxication are the One Leg Stand, the Heel-to Toe
and the Horizontal Gaze Nystagmus (HGN). The results of these tests
will be entered as evidence against you. But even under laboratory
conditions, these tests have only been established to be accurate in
predicting blood alcohol content above .10% in 66% to 77% of the time.
What if I Refused To Take a BAC (Blood Alcohol Content) Test?
Refusal can carry penalties which may be more severe than a DWI
conviction. The arresting officer will take your license and it will be
automatically suspended. You may request a hearing within 10 days to
contest the validity of the confiscation or driver’s license
suspension.
This hearing is not a trial and producing evidence of innocence and the
burden of proof bears upon the accused. If you snooze, you’ll
lose your driver’s license.
Can I Plea Bargain?
A plea bargain means that you agree to plead guilty to some lesser
charge or having your attorney and prosecutor mitigate the penalties.
After being arraigned, your DWI attorney will meet with the prosecutor
to negotiate the merits of your case. Court dates are crowded so it is
not unusual for a DWI case to seem mired in delays. However, delay can
work to your benefit as prosecutors and judges work to try to clear
court calendars.
Practiced Rhode Island DWI attorneys often times will be able to
negotiate a plea to a lesser charge as many cases are resolved prior to
trial. The plea bargain is extremely advantageous to anyone accused of
a Rhode Island DWI, but remember even a conviction to a lesser charge
will still count as a ‘prior’ for calculating penalties for
future offenses.
It is next to impossible to plea bargain a Rhode Island drunk driving charge without an experienced Rhode Island DWI lawyer.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to
contest”) is an alternative to a guilty or not guilty plea. While
not technically a guilty plea, a nolo plea has many of the same
effects, but with some mitigating circumstances. In most states you can
only plea nolo once in DWI cases. Generally a judge decides whether a
nolo plea will be accepted, as it is not always available.
In any case, without services of a veteran Rhode Island DWI specialist,
specialized pleas or plea bargaining are very problematic.
Is Being Punished by the Rhode Island DMV and the Criminal Courts Double Jeopardy?
Like most states, Rhode Island law permits the enforcement of
administrative penalties in addition to court punishments, as the state
considers driving a privilege, not a right, and not subject to civil
liberties. Rhode Island DMV administers driver’s licenses,
imposes civil penalties, serves as the judge, jury and also deals out
punishment.
What if I Am An Out-Of-State Driver?
Rhode Island DWI convictions will be reported to your home state which will generally take action to suspend your license.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you
have the right to a jury trial with presumption of innocence, but once
convicted, it can be up to the judge what punishment you will receive.
The sentencing range, and whether the offense will be a misdemeanor or
a felony, is based on many of things including the number of prior
convictions including any previous Rhode Island administrative or
criminal court drunk driving suspensions, for refusal to submit to a
BAC test, or any DWI related convictions in other states. There are
also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug
treatment programs as part of a parole or probation program or have an
ignition interlock device installed on your vehicle, or even have your
vehicle seized and forfeited.
Is There A “Look Back Period” in Rhode Island?
A look back period is the amount of time that has to pass before a
judge can look back into your driving record to use past convictions to
increase present penalties. In Rhode Island the period is 5 years from
past arrest date to present arrest date. This means that anyone
arrested for a DWI within 5 years of the present offense will be
charged with a ‘prior’, with increased penalties and
punishment.
What About Enhanced Punishments For Rhode Island DWI Convictions?
Many circumstances may lead to sentence enhancements: prior DWI
convictions, the presence of a child in the car speeding, reckless
driving, an elevated BAC level (over .15%), and causing an accident
with any injuries or death.
Any time you face multiple or ‘aggravated’ charges, or if
death, injuries or sizeable property damage occurs, the fallout for
Rhode Island multiple convictions will get very heavy, including
thousands of dollars in fines, mandatory years of imprisonment, massive
restitution and a loss of license and vehicles for years, if not
permanently.
Consequently, we strongly recommend retaining an experienced Rhode
Island DWI attorney in order to secure the best possible outcome of a
potentially severe situation.
Are There Alternatives to Jail?
Your Rhode Island DWI specialist may be able to make arrangements for
drug and alcohol rehabilitation programs, sober living homes, home
arrest with electronic monitoring, work release programs and community
service options.
Can I Have My Records Expunged?
A skilled Rhode Island lawyer can file the appropriate motion. An
expungement will take place immediately after a dismissal, 5 years
after the completion of a sentence for a misdemeanor, and 10 years
after completion of a sentence for a felony.
A motion can be filed provided that the person has not been convicted
nor arrested for any felony or misdemeanor since the last conviction,
there are no present criminal proceedings pending, and the person has
exhibited good moral character. If the court grants the motion, it
orders all records and records of conviction relating to the conviction
expunged and all index and other references to it deleted.
Can I Get a Restricted Driver's License?
Unfortunately, there is no provision for a restricted, hardship or work
license in Rhode Island. The only way to keep your license intact is to
try at the DMV hearing you can request 10 days after receiving your
notice of driver’s license suspension.
What About My Insurance?
Your insurance rates will probably increase or be cancelled. The state
estimates that insurance premiums can escalate to over 300% in 5 years.
Rates for your family members, or even for your employer (if you use a
company car), may increase as well.
– Rhode Island Criminal Penalties –
1st DWI Offense (BAC .08% to .10%)
$100 to $300 fine.
Up to 1 year in jail.
30 to 180 days loss of license.
Possible 10 to 60 hours community service.
Possible substance abuse assessment and treatment program.
Possible DWI school with $250 fee.
$500 highway assessment fee.
1st DWI Offense (BAC of .10% to .15%)
$100 to $400 fine.
1 year in jail or 10 to 60 hours of community service
3 to 18 months loss of license.
Possible 10 to 60 hours community service.
Possible substance abuse assessment and treatment program.
Possible DWI school with $250 fee.
$500 highway assessment fee.
1st DWI Offense (BAC of .15 or Higher)
$500 fine.
1 year in jail or 20-60 hours of community service
3 to 18 months loss of license.
Substance abuse assessment and treatment program.
Mandatory participation in DWI school with $250 fee.
$500 highway assessment fee
2nd Offense (Within 5 Years)
$300 to $500 fine.
10 days up to 1 year in jail.
1 to 2 years loss of license
Possible substance abuse assessment and treatment.
Possible installation of an ignition interlock device in vehicle after completion of sentence.
2nd Offense (BAC of .15% or higher)
$1,000 fine.
6 to 12 months in jail.
2 years loss of license.
3rd Offense (Within 5 years)
$400 to $500 fine.
1 year in jail.
2 to 3 years loss of license.
1 to 2 years ignition interlock device on vehicle after completion of sentence.
3rd Offense (BAC .15% or higher)
$1,000 to $5,000 fine
3 to 5 years in jail.
3 years loss of license.
Offender’s vehicle may be seized and sold by the state.
BAC Test Refusal
1st Refusal:
$200 to $500 fine.
90 days to 6 months loss of license.
$200 chemical testing program fee.
$500 Highway Safety Assessment fee.
10 to 60 hours community service.
DWI school and/or substance abuse assessment and treatment.
2nd Refusal:
$600 to $100 fine.
Up to 2 years loss of license.
$200 chemical testing program fee.
$500 highway assessment fee.
60 to 100 hours of community service.
DWI school and/or substance abuse assessment and treatment.
3rd Refusal:
$800 to $1,000 fine.
Up to 1 year in jail.
2 to 5 years loss of license.
$200 chemical testing program fee.
$500 highway assessment fee.
100 hours community service.
DWI school and/or substance abuse assessment and treatment.
Hearing to determine whether driver’s license should be reinstated.
Underage DWI (Penalties May Vary According To Age)
Under 21 years old with an open container in a vehicle may face a 30 day suspension.
1st DWI Offense (BAC of .02% 'zero tolerance' law)
Up to $250 fine.
1 to 6 months loss of license, or until 21.
10 to 60 hours of community service.
DWI school and/or substance abuse education and treatment program.
Possible $500 highway assessment fee.
1st DWI Offense (BAC of .10% or more)
Up to $250 fine.
6 to 18 months loss of license.
10 to 60 hours of community service.
Substance abuse assessment and treatment.
DWI school with $250 fee.
$500 highway safety assessment.
Family court attendance with parents.
2nd DWI Offense (BAC .08% to .15%)
$250 to 500 fine.
10 days to 1 year in jail or 1 year in a juvenile correctional facility.
3 to 6 months loss of license, or until 21
Up to 60 hours community service.
Substance abuse assessment and treatment.
$500 highway assessment fee.
Possible installation of ignition interlock device for up to 2 years.
2nd DWI Offense (BAC of .15% or higher)
$1,000 fine.
6 to 12 months in jail.
2 years loss of license.
Up to 60 hours community service.
Substance abuse assessment and treatment.
Possible installation of ignition interlock device for up to 2 years.
3rd DWI Offense (BAC between .08% and .15%)
Felony.
$400 fine.
1 to 3 years in jail or juvenile correctional facility.
Up to 3 years loss of license.
Substance abuse assessment and treatment.
Ignition interlock device installed for any car driven for 2 years after sentence.
– Rhode Island DMV Administrative Penalties –
DWI Offenses
1st DWI:
45 days loss of license.
Mandatory substance abuse assessment and treatment.
Possible ignition interlock installation.
2nd DWI:
1 year loss of license.
Mandatory substance abuse assessment and treatment.
Possible ignition interlock installation.
3rd DWI:
2 years loss of license.
Mandatory substance abuse assessment and treatment.
Possible ignition interlock installation.
Possible vehicle confiscation.
BAC Test Refusal
1st:
$200 to $500 fine.
6 months to 1 year loss of license.
10 to 60 hours community service.
Possible DWI school and/or substance abuse assessment and treatment.
$500 highway assessment fee.
$200 chemical testing program fee.
2nd:
$600 to $1,000 fine.
1 to 2 years loss of license.
60 to 100 hours of community service.
Mandatory substance abuse assessment and treatment and/or DWI school.
$500 highway assessment fee.
$200 chemical testing program fee.
3rd:
$800 to $1,000 fine.
2 to 5 years loss of license.
100 hours of community service.
Mandatory substance abuse assessment and treatment and/or DWI school.
$500 highway assessment fee.
$200 chemical testing program fee.
Hearing to determine if driver’s license will be instated.
Underage DWI
1st Offense (18 or Younger with a BAC of .02 or Higher)
Community Service 10-60 hours.
6-18 months loss of license
DWI course and/or an alcohol treatment or education program.
A possible highway assessment fine of up to $500.
2nd Offense (18 or Younger with a BAC of .02 or Higher)
Suspended license until 21.
DWI course and/or an alcohol treatment or education program.
Possible fine of up to $500.
1st Offense (18-21 Years Old with a BAC of .02 or Higher)
Up to 30 hours of community service.
A fine of up to $250.
3 month loss of license with attendance of DWI school and an alcohol treatment education program.
2nd Offense (18 or Younger with a BAC of .02 or Higher)
$250 fine in addition to a $300 highway assessment fee.
Up to 60 hours of community service.
3-6 months loss of license.
DWI school, substance abuse assessment and in an alcohol treatment program
Commercial Driver’s License
1st Offense:
1 year disqualification of license.
1 year disqualification for BAC test refusal.
3 year disqualification when hauling hazardous material with a DWI.
Subsequent offenses: lifetime disqualification.
– Disclaimer –
Only educated and licensed Rhode Island DWI specialists should provide
you with bona fide legal advice. Consequently, the aforementioned
information on this web site should not be construed as legal advice,
rather suggestions and a range of helpful information and should not be
substituted for speaking with an accredited Rhode Island DWI attorney.
There is no warrantee, expressed or implied herein. These issues are
complicated, laws change and litigation takes experience. Please let us
refer you to a seasoned Rhode Island DWI professional.
– Citations –
Rhode Island's DWI policies in Title 31, Chapter 27 of the State of Rhode Island General Laws.
- 
