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DUI Lawyer Rhode Island Driving Under the Influence

If you are charged with Driving Under the Influence (DUI) in Rhode Island, it can be an overwhelming experience. The DUI laws are very technical and complicated with very serious consequences. Overall, this can make for a terrifying experience, which is why it is important to hire a Rhode Island DUI lawyer to help represent you on your charges. Attorney David Ellison is an experienced Rhode Island criminal defense attorney who has helped many people with DUI charges in his career. 

In addition to the DUI Charge, you may be charged in the Rhode Island Traffic Tribunal with Refusal to Submit to a Chemical Test, which is a totally separate charge from Driving Under the Influence in Rhode Island. Read more here about the Court Process for a DUI in Rhode Island. 

The crime of Driving Under the Influence and Refusal to Submit to a Chemical Test are both extremely technical charges. What this means is that there are a lot of little things to look for when defending somebody for DUI and/or a Refusal. For instance, an attorney should be looking at whether the stop of the motor vehicle was proper, should the person have been asked to exit the motor vehicle, how did the person perform on the Field Sobriety Tests, were the Field Sobriety Tests performed properly by the police, did the police read the person their proper rights, did they observe the person properly during the breath test, did they administer the breath test properly, and many other questions.

What are the Penalties for a Rhode Island DUI charge?

The penalties for Driving Under the Influence come from Rhode Island General Laws § 31-27-2. Some of the possible penalties for a Rhode Island DUI charge include the following:

  • Possible jail/prison sentence
  • License Suspension/Ignition Interlock 
  • Fines and Fees
  • Community Service
  • DUI classes, alcohol counseling 
  • DMV Administrative Penalties 
  • Potential criminal conviction 

First Offense Penalties for DUI: 

A first offense DUI is a common criminal charge that can happen to anybody. There are consequences associated with a first offense DUI that can be very detrimental to your life. 

First Offense DUI Penalties – BAC Unknown 

  • Up to 1 Year in Jail
  • License Suspension of 3 to 12 Months
  • Fines and Fees
  • 10 to 60 Hours of Community Service
  • Mandatory Enrollment in DUI School and/or Alcohol Counseling
  • Potential Criminal Conviction 

First Offense DUI Penalties – BAC Between 0.08 and 0.10

  • Up to 1 Year in Jail
  • License Suspension of 1 to 6 months
  • Fines and Fees
  • 10 to 60 Hours of Public Community Service
  • Mandatory Enrollment in DUI School and/or Alcohol Counseling
  • Potential Criminal Conviction 

First Offense DUI Penalties – BAC Between 0.10 and 0.15

  • Up to 1 Year in Jail
  • License Suspension of 3 to 12 Months
  • Fines and Fees
  • 10 to 60 Hours of Community Service
  • Mandatory Enrollment in DUI School and/or Alcohol Counseling
  • Potential Criminal Conviction 

First Offense DUI Penalties – BAC Greater than 0.15

  • Up to 1 Year in Jail
  • License Suspension of 3 to 12 Months
  • Fines and fees
  • 20 to 60 Hours of Community Service
  • Mandatory Enrollment in DUI School and/or Alcohol Counseling
  • Potential Criminal Conviction 

Second Offense Penalties for DUI

In order to prove you committed a second offense DUI in Rhode Island, you will need to have been convicted of a DUI within the last five years. A second offense DUI is a serious charge that has mandatory jail time associated with it. 

Second Offense DUI Penalties – BAC Between 0.08 and 0.15

  • Minimum 10 Days in Jail with up to 1 Year in Jail
  • License Suspension of 1 to 2 Years
  • Mandatory Alcohol and/or Drug Treatment
  • Fines and Fees
  • Installation of an Ignition Interlock System
  • Potential Criminal Conviction 

Second Offense DUI Penalties – BAC Greater than 0.15

  • Minimum 6 Months in Jail with up to 1 Year in Jail
  • License Suspension of 2 Years
  • Mandatory Alcohol and/or Drug Treatment
  • Fines and Fees
  • Installation of an Ignition Interlock System
  • Potential Criminal Conviction 

Third Offense Penalties for DUI

If you are charged with a third offense of DUI within the past 5 years, you are facing serious penalties in Rhode Island. You are looking at a felony offense with mandatory jail time. In order to be charged with a third offense, you need to have been convicted twice of DUI within the last five years. 

Third Offense DUI Penalties – BAC Between 0.08 and 0.15

  • Minimum 1 Year in Jail with up to 3 Years in Jail
  • License Suspension of 2 to 3 Years
  • Mandatory Alcohol and/or Drug Treatment
  • Fines and Fees
  • Installation of an Ignition Interlock System
  • Potential Felony Criminal Conviction 

Third Offense DUI Penalties – BAC Greater than 0.15

  • Minimum 3 Years in Jail with up to 5 Years in Jail
  • License Suspension of 3 Years
  • Mandatory Alcohol and/or Drug Treatment
  • Fines and Fees
  • Installation of an Ignition Interlock System
  • Potential Felony Criminal Conviction 

If you have been charged with a DUI in Rhode Island, it is important to seek legal representation to help preserve your rights. Attorney David Ellison is an experienced Rhode Island DUI lawyer. Do not hesitate to contact him today. 

Advocating For You

When you hire Attorney David Ellison, not only are you getting a skilled, experienced, and aggressive lawyer in your corner, but you're getting a lawyer who understands the importance of empathy, honesty, and trustworthiness. Attorney Ellison is a lawyer who loves to advocate for you.

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