Criminal Defense Services in Rhode Island

Drunk Driving & DUI

In Rhode Island, whether you are charged with a DWI ticket (driving while intoxicated), DUI (driving under the influence), operating while intoxicated (OWI), or operating under the influence (OUI) – you are being accused of driving or operating a vehicle while impaired by the use of an illegal substance. DWI or OWI charges refer specifically to alcohol impairment with a blood alcohol content of .08 or higher, while DUI or OUI could also mean impairment by prescription or illegal drugs.

Regardless of the substance that has caused your impairment, the consequences of a conviction can be dire. If you find yourself in this predicament, contact the Rhode Island DUI attorney at the Law Offices of Stefanie A. Murphy for help.

The Best Drunk Driving & DUI Lawyers In Rhode Island

Domestic violence is intentional and abusive behavior based on an unequal position of power and control between two people. Domestic violence can include physical or mental abuse that is used to control another with whom they have a close or family relationship with. Unfortunately, domestic violence is common in intimate relationships. A relationship can turn sour and if it does, affection might turn into resentment, hate or even physical violence.

Marriages that descend into separation and divorce are famous for prompting violence and threats. However, the concept of domestic violence is not limited to marriages – even living in close quarters with someone else can provoke extreme behavior between cohabitants. At the Marin, Barrett & Murphy, our Rhode Island domestic violence lawyers will help you maintain your innocence if you are truly innocent.

DUI Explained

DUI Causing Serious Injury:

  • One to ten years in prison.
  • Fines of $1,000 to $5,000.
  • License revocation of up to two years.
  • Participation in an alcohol and/or drug treatment program.

DUI Fatality:

  • Five to fifteen years in prison
  • Fines of $5,000 to $10,000.
  • License Revocation for five years.
  • Participation in an alcohol or drug treatment program

Prior convictions involving injury or death will result in enhanced penalties.

Hardship License

  • If your license has been suspended, and it is your first or second offense, you may be eligible for a conditional hardship license. A conditional hardship license will allow you to drive to work, go to medical or therapy appointments, attend school or job training, or go to the grocery store. You would still:

    • Prove to the court that you have a need, and that inability to drive will create hardship for you or your family.
    • Have to install, at your expense, an ignition interlock system.

    Having a Rhode Island DUI lawyer to present your case to the judge or magistrate will make it more likely that you will be granted a hardship license and that the hardship license carries the fewest restrictions.

Felony DUI

In some circumstances, you could be charged with felony DUI in Rhode Island. Examples of DUIs that are felony charges include:

  • DUI third offense or greater in five year period (RIGL 31-27-2). In a third offense DUI within five years, the following are the penalties for a third offense:
    • Fine between $400 and $5000
    • Mandatory imprisonment from 1 to five years
    • Mandatory three-year loss of license from the sentence completion date
    • Alcohol and/or drug counseling
    • Community service
  • DUI fatality (RIGL 31-27-2). In DUI death resulting cases, the following are the penalties for a first offense:
    • Jail time between five and 15 years
    • Fine between $5000 and $10,000
    • License suspension of five years and subject to DMV clearing the motorist
    • May be required to complete alcohol and/or drug treatment
    • Along with all other costs and assessments prescribed by law
  • DUI serious bodily injury (31-27-2.6).  In DUI serious bodily injury cases, the following are the penalties:
    • Jail time between 1 and 10 years
    • Fine between $1000 and $5000
    • License suspension up to two years and subject to DMV clearing the motorist
    • Alcohol or drug program

Rhode Island DUI FAQs

Should I take a chemical test or refuse the chemical test?

The answer to this question depends on your individual case and situation.  The best advice is to call your Rhode Island DUI lawyer while at the station. You can do so during your legal right to a confidential phone call. If you believe that you can blow a .08 or less then you should take the chemical test.  If not, then the results of your test can be introduced in the DUI case and by used against you.

The penalties for driving under the influence range depending on what the exact charge.  If you refused the chemical test you will be charged with a DUI BAC unknown and will face a three to 12-month loss of license, up to a year in jail, DUI school and/or alcohol counseling, community service and fines, assessments and court costs that are great then $700.If your readings were under a .10, so in between .08 to .10 then the loss of license is significantly less, 30 days plus. If readings are over a .15 then the loss of license is increased to 18 months with enhanced fines and community service.

There may be a number of reasons you fail such a test. Medical issues (including vertigo, seizures, chronic knee or back pain etc.), short-term memory problems, being on medication at the time of your stop etc. Be sure to share any and all of these with your Rhode Island DUI lawyer. If you submit to one and fail, the results can often be successfully challenged in court depending on how the tests were conducted by the officer.

In the event any field sobriety tests are improperly administered let your legal team know at once. One mistake could be the difference between a guilty conviction and having the charges dropped.

Yes. If you have a Rhode Island license, you may be eligible for a hardship license and/or an interlock license. This works differently for a refusal and a DUI. The Law Offices of Stefanie Murphy has had many clients who were charged with a DUI and/or refusal who did not lose their license either because the case was dismissed or the court granted a hardship license.

According to 2017 arrest data, there were a total of 1,788 arrests for driving under the influence in Rhode Island in the year. In 2012, the last year for available data by the Centers for Disease Control and Prevention, 2.4% of Rhode Island drivers reported driving after drinking too much in the past 30 days.

Experienced Attorneys Fighting For Your Freedom

Rhode Island Legal Assistance & Defense

The formation of Marin, Barrett & Murphy signifies a strengthened alliance dedicated to providing exceptional legal services. Clients can expect a collaborative approach that combines deep legal expertise with a steadfast commitment to achieving favorable outcomes.

01

Free Case Evaluation

We take the time to make sure you understand all your legal issues, risks and consequences, that starts at your free evaluation.

02

Courtroom Experience

Stefanie Murphy's experience as a prosecutor allows her to build strong cases knowing the procedures and strategies of how the authorities will prosecute your case.

03

Five Star Client Rated

We provide 5 star individualize care for every one of our clients and cases, while protecting your freedom and legal rights.

Legal Experts In Rhode Island Ready To FIght For you

At Marin, Barrett & Murphy, we believe every client deserves a powerful defense and an unwavering advocate. Our team is built on decades of courtroom experience, led by skilled trial attorneys who don’t back down. Whether you’re facing a DUI, drug charge, or serious criminal allegation, we bring a relentless, strategic approach to every case—fighting for your rights, your future, and the outcome you deserve. When the stakes are high, we’re in your corner

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