DUI in Rhode Island: What You Need to Know and How Stefanie Murphy Law Can Help
Posted in DUI on December 4, 2024
Driving Under the Influence (DUI) is a serious offense in Rhode Island that carries significant legal consequences, including potential jail time, fines, license suspension, and the installation of ignition interlock devices. For many, a DUI charge can be a life-altering event that impacts personal and professional lives.
Rhode Island’s laws on DUI are strict, and if you or someone you know has been charged with driving under the influence, it’s important to understand your rights, the penalties you may face, and the steps you can take to defend yourself. At the Law Offices of Stefanie Murphy, we specialize in DUI defense and are dedicated to protecting our clients’ rights. This blog will explore everything you need to know about DUI in Rhode Island and how we can help if you find yourself facing these serious charges.
Understanding DUI Laws in Rhode Island
In Rhode Island, it is illegal to operate a motor vehicle if your Blood Alcohol Concentration (BAC) is:
- 0.08% or higher if you are 21 or older
- 0.02% or higher if you are under 21
- 0.04% or higher if you are driving a commercial vehicle
However, DUI charges in Rhode Island are not limited to alcohol. If a driver is impaired due to drugs, whether illegal substances or prescription medications, they can also be charged with DUI. The penalties can be just as severe, regardless of the substance that caused the impairment.
Rhode Island’s Implied Consent Law
Rhode Island follows an implied consent law, which means that by driving a vehicle in the state, you automatically consent to a chemical test if you are suspected of driving under the influence. Refusing to take a breathalyzer, blood, or urine test can result in separate penalties, including automatic license suspension and fines.
While refusing a test might seem like a way to avoid a DUI conviction, the refusal itself triggers significant legal penalties, and the refusal can be used as evidence against you in court.
DUI Penalties in Rhode Island
The penalties for DUI in Rhode Island vary depending on several factors, such as your BAC at the time of arrest, whether this is your first offense, and whether any aggravating circumstances were involved, such as an accident, injury, or minor in the vehicle. Below are the potential penalties for DUI offenses:
First Offense DUI (BAC between 0.08% – 0.10%)
- Fines ranging from $100 to $300
- License suspension of 30 to 180 days
- 10 to 60 hours of community service
- Enrollment in DUI school or an alcohol treatment program
- Possible jail time of up to one year
First Offense DUI (BAC between 0.10% – 0.15%)
- Fines between $100 and $400
- License suspension of 3 to 12 months
- 10 to 60 hours of community service
- Enrollment in DUI school or an alcohol treatment program
- Jail time possible, though usually avoided for first-time offenders
First Offense DUI (BAC over 0.15%)
- Fines up to $500
- License suspension of 3 to 18 months
- Community service of 20 to 60 hours
- Mandatory participation in an alcohol treatment program
- Jail time of up to one year
Second Offense DUI (within 5 years of the first offense)
- Fines ranging from $400 to $1,000
- License suspension of 1 to 2 years
- Jail time of 10 days to 1 year
- 10 to 60 hours of community service
- Mandatory alcohol or drug treatment program
- Possible installation of an ignition interlock device
Third Offense DUI (within 5 years of the first offense)
- Fines from $400 to $5,000
- License suspension of 2 to 3 years
- Jail time of 1 to 5 years
- Extensive community service and alcohol treatment programs
- Installation of an ignition interlock device
DUI with Aggravating Circumstances
Certain factors can result in harsher penalties, including:
- Driving with a minor in the vehicle
- DUI resulting in an accident, injury, or death
- Refusing a chemical test under the implied consent law
These situations can result in longer jail sentences, higher fines, and more severe license suspensions.
Refusing a Chemical Test: Consequences and Penalties
As mentioned earlier, Rhode Island’s implied consent law means that refusal to submit to a chemical test can lead to automatic penalties. This is considered a separate violation from a DUI charge and carries its own set of consequences.
Penalties for Refusing a Chemical Test:
- First Offense:
- $200 to $500 fine
- License suspension of 6 months to 1 year
- 10 to 60 hours of community service
- Enrollment in a drunk driving or alcohol treatment program
- Second Offense:
- $600 to $1,000 fine
- License suspension of 1 to 2 years
- Possible jail time of up to 6 months
- Community service and alcohol treatment program
- Third Offense:
- License suspension of 2 to 5 years
- Fines between $800 and $1,000
- Up to 1 year in jail
- Community service and alcohol treatment program
- Installation of an ignition interlock device
Although refusing a test may seem tempting, these penalties can be just as severe as a DUI conviction, and refusal can be used against you in court.
Defending a DUI Charge in Rhode Island
Being charged with a DUI does not automatically mean a conviction. With a skilled attorney like Stefanie Murphy on your side, there are several defense strategies that may be employed to fight the charges.
Common DUI Defenses
- Challenging the traffic stop: Law enforcement must have reasonable suspicion to pull you over. If the traffic stop was conducted without valid cause, any evidence obtained as a result (including breathalyzer results) may be thrown out in court.
- Questioning the validity of the breathalyzer test: Breathalyzer devices must be properly calibrated and maintained to ensure accurate results. If the machine was not functioning correctly, or if the officer administering the test did not follow proper protocol, the test results could be deemed unreliable.
- Challenging field sobriety tests: Field sobriety tests are subjective and may not be reliable indicators of intoxication. There are many reasons a person might fail these tests—such as medical conditions, fatigue, or even uneven ground—none of which have anything to do with alcohol or drug use.
- Proving alternative causes of impairment: Symptoms of intoxication, such as slurred speech, bloodshot eyes, or unsteadiness, could also be caused by medical conditions, medication, or fatigue. Your attorney can present evidence to show that something other than alcohol or drugs was responsible for these symptoms.
- Challenging the administration of the chemical test: If the police officer did not follow proper procedures during the chemical test (breath, blood, or urine), this could be grounds for dismissing the results. In some cases, the samples may be mishandled or contaminated, further questioning the accuracy of the test.
How Stefanie Murphy Law Can Help
At the Law Offices of Stefanie Murphy, we understand that facing a DUI charge can be an overwhelming and intimidating experience. We also understand that everyone makes mistakes, and that a DUI charge does not have to define your future. Our goal is to provide aggressive, knowledgeable, and compassionate legal representation to ensure your rights are protected and to fight for the best possible outcome in your case.
Here’s how we can help:
Comprehensive Case Evaluation
When you reach out to Stefanie Murphy Law, we will thoroughly review every aspect of your case, from the circumstances of your arrest to the evidence collected against you. This helps us identify any weaknesses in the prosecution’s case and develop a tailored defense strategy based on the specific facts of your situation.
Personalized Legal Strategy
No two DUI cases are alike. We take a personalized approach to every case we handle, ensuring that we consider all possible defenses and pursue the best course of action for your individual situation. Whether that means negotiating for reduced charges, exploring alternative sentencing options, or taking your case to trial, we will be with you every step of the way.
Protecting Your Rights
Throughout the entire process, we will make sure your rights are upheld. This includes ensuring that law enforcement followed all necessary protocols, that the prosecution does not overstep, and that any constitutional violations are addressed.
Fighting for the Best Possible Outcome
Our primary goal is to achieve the best possible outcome for you. Whether that means fighting for a dismissal, negotiating a reduced sentence, or exploring alternative sentencing such as community service or treatment programs, we are committed to minimizing the impact of a DUI charge on your life.
Conclusion
A DUI charge in Rhode Island is a serious matter with potentially life-altering consequences. However, with the right legal representation, you can fight back against the charges and protect your rights. The Law Offices of Stefanie Murphy has the experience, knowledge, and dedication to provide you with the best possible defense.
If you or a loved one is facing a DUI charge, don’t wait—contact us today for a free consultation. We will evaluate your case, explain your options, and help you navigate the legal process with confidence. Call us at (401) 316-9423 for more information on how we can assist you.
