Rhode Island DUI Lawyer

DUI Attorney in Rhode Island

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.

Hire a DUI Lawyer

The attorneys at Ellison Law LLC are experienced Rhode Island criminal defense attorneys who have helped many people with DUI charges in their careers. When facing accusations of driving under the influence, you need to hire a DUI lawyer who understands the human element.

In Rhode Island, people are arrested every day for intoxicated driving. Those people who get arrested are often people like you and me: law-abiding citizens. At Ellison Law LLC, our DUI defense lawyers work hard to help you beat a DUI charge or, at a minimum, get the most favorable outcome based on your situation.

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. Driving while intoxicated (DWI), operating a vehicle under the influence (OVI), or driving under the influence (DUI) are all ways to describe the same thing: intoxicated driving.

Intoxication may be the result of alcohol or another chemical substance (e.g., marijuana or another drug) or both. Driving Under the Influence is a criminal charge in Rhode Island and has serious consequences that should not be taken lightly.

What is the “Blood Alcohol Content” Level?

Blood alcohol content (BAC) is a measurement of the amount of alcohol found in the blood expressed as a percentage. It is calculated in grams per 210 liters of breath, and a BAC of 0.08 means there is 0.08% alcohol by volume. Police try to determine what your BAC is so they can determine whether you are able to drive a motor vehicle safely and whether or not you are impaired.

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 the following:

• 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 the police observe the person properly during the breath test
• Did they administer the breath test properly
• And many other questions.

How Does a Police Officer Establish You Were Driving While Impaired?

Police officers are trained using a manual from the National Highway Traffic Safety Administration (NHTSA) on how to detect a DUI. There is a process they usually follow based on their training.

The first step they take to try to establish a DUI is by trying to identify a driver who does not have control of their vehicle, usually somebody committing a traffic violation. They try to observe a vehicle in motion to see how the person is driving. Once they stop the motor vehicle, they have personal contact with the driver and are looking to have a face-to-face conversation with the driver to observe how they are.

They usually then ask the driver to step out of the vehicle to have them do field sobriety tests to determine whether they are impaired.

What are My Rights During a DUI Traffic Stop?

If you are pulled over due to suspicion of drinking and driving or pulled over for a traffic stop and then the police officer suspects you are drinking and driving, you should remember you have certain constitutional rights that apply. For instance,

1. You have the right to remain silent (except you must show the police your driver’s license, registration, and proof of insurance upon request).
2. If you are arrested or detained, you can say you wish to remain silent and ask for a lawyer immediately.
3. If you are arrested or detained, you have the right to make a local phone call.

If you think your rights were violated, try to write down everything you remember and contact a DUI lawyer right away to talk about what happened.

What are Standardized Field Sobriety Tests?

Standardized field sobriety tests (FSTs) are tests approved by the NHTSA. The police use these tests to help determine if somebody is intoxicated while driving.

There are three standardized FSTs:

1. Horizontal Gaze Nystagmus Test. During this test, you remain still with your hands to your sides while an officer uses an object and has you follow the movement of the object with just your eyes.
2. One-Leg Stand Test. This test involves holding one foot at least six inches off the ground while counting.
3. Walk-and-Turn Test. When administered, this test involves walking back and forth in a straight line heel-to-toe for nine steps with your arms at your side.

Non-standardized FSTs include:

• finger to nose test
• the finger count test
• the hand pat test
• the alphabet test
• the reverse counting test
• the coin pickup test

Can I Refuse Field Sobriety Tests in Rhode Island?

You can refuse to take field sobriety tests in Rhode Island. However, the police may still be able to ask you to take a preliminary breath test or a breathalyzer test at the police station. These tests have potential civil consequences, including a potential license suspension. A charge of refusing to submit to chemical testing is treated as a separate offense from the original traffic violation.

When you are issued a driver’s license in Rhode Island, you are entering into an implied consent agreement under Rhode Island General Laws § 31‑27‑2.1 that requires you to submit to a breathalyzer test or field sobriety tests when asked by law enforcement. You do have the right to refuse these tests under religious or medical reasons, but you have to provide proof of your reason why when applying for a driver’s license.

What Are the Possible Penalties for Refusing Field Sobriety Testing in Rhode Island?

Rhode Island outlines several possible penalties that may be imposed for refusal to submit to field sobriety testing. These penalties include:

• First refusal: A fine of $200 to $500. Community restitution ranging from 10 to 60 hours. License suspension from six months to one year. Required attendance at a driving while intoxicated or under the influence of a controlled substance course. Possible drug or alcohol treatment. Requirement to use an ignition interlock device or submit to blood or urine testing.
• Second refusal within a 10-year period: A fine of $600 to $1,000. Community restitution ranging from 60 to 100 hours. License suspension for two years. Required alcohol or drug treatment. Requirement to use an ignition interlock device.
• Third refusal within a 10-year period: A fine of $800 to $1,000. Community restitution of no less than 100 hours. License suspension from two to five years. Requirement to use an ignition interlock device. Required drug or alcohol treatment. A separate hearing is required before a license suspension can be lifted.

Regardless of which violation, refusing to submit to field sobriety testing also results in several assessments that have to be paid for, specifically:

• $500 highway safety assessment deposited into the general fund
• $200 assessment to support the Department of Health’s chemical testing programs

Does a DUI Charge Automatically Result in a License Suspension in Rhode Island?

Being charged with a DUI does not automatically result in a license suspension. Refusing to submit to field sobriety testing and a DUI conviction can lead to license suspension. If the court decides to suspend your license, it must notify you in writing of its decision to do so.

When you receive notice that your license is going to be suspended, you have 15 days to request a hearing. At the hearing, a judge reviews the facts of your case to determine if the suspension is warranted. If the judge determines the suspension is warranted, the suspension is then upheld by the court.

Five Ways to Challenge Field Sobriety Test Results in Rhode Island

If you took and failed a field sobriety test, like the walk-and-turn test, HGN, and/or one-leg stand, you need to challenge the test result by all means possible. These results can be used against you in court.

At Ellison Law LLC, our DUI defense lawyers may challenge the results using different strategies. The strategy used depends on the facts and circumstances. Here are some possible challenges to the tests:

1. Did the officer administer the tests improperly or fail to provide adequate instructions? We review any audio or video, as well as speak to you and other witnesses.
2. Did the road, traffic, or weather conditions impact performance? We can review videos, photographs, weather reports, traffic reports, and other forms of evidence.
3. Did your shoes, clothing, or health condition impact performance? We can review your clothing and health conditions with you.
4. Was the officer’s subjective assessment flawed? We can again review any videos or testimony and consider if this is a valid claim.
5. Were your constitutional rights violated? You have certain rights, and if the police violated any of these rights, evidence obtained as a result of the violation could be suppressed from evidence.

It is critical to speak to a Rhode Island criminal defense attorney to make sure you understand what your rights are and how to challenge your DUI charge.

What Happens After a Drunk Driving Arrest in Rhode Island?

If you are arrested for drunk driving, what happens next depends on the facts and circumstances.

If you refused the breathalyzer test at the station, you should have court dates at the Rhode Island Traffic Tribunal for the Refusal charge, along with court dates at District Court for the criminal charges of DUI. A conviction can lead to fines, driver’s license suspension/revocation, imprisonment, ignition interlock device (IID) installation, and other penalties.

What Happens at a DUI Arraignment in Rhode Island?

A DUI Arraignment in Rhode Island is the first step in the court process where the judge formally reads the charges, confirms your general information, including your name, date of birth, and current address, and asks for your plea: guilty, not guilty, or nolo contendere (no contest).

If you plead not guilty, the judge sets your bail conditions and schedules a pretrial conference to review evidence and explore potential resolutions. The judge should also try to determine who your lawyer is going to be in your case.

While it is rare for DUI charges to be dropped at this stage, having a skillful DUI defense lawyer can make a crucial difference in navigating the process, negotiating bail, and preparing for trial.

How Does a DUI Trial Look in Rhode Island?

A DUI trial in Rhode Island is much like a regular criminal trial. It follows the same structure; however, it only pertains to driving under the influence of drugs or alcohol. Therefore, the prosecution must show that you 1) were driving, 2) on a public roadway, 3) while under the influence of drugs or alcohol, and 4) those drugs or alcohol impaired your ability to drive. In contrast, the defense has no specific burden and can choose what theory of defense would work given the facts of the case.

What Is a Hardship License in Rhode Island?

A Hardship License is a conditional license that allows you to drive for a 12-hour period each day. However, that person can only drive during that time for the purposes of driving to and from work, school, medical appointments, and other approved purposes.

In addition to the conditions that the person only drives during a 12-hour period for approved purposes, they must also install an ignition interlock system in their vehicle.

What Is an Ignition Interlock System in Rhode Island?

An ignition interlock device, also referred to as a Breath Alcohol Ignition Interlock Device, is a device that requires a person’s breath sample before that person can start their car. It is a device slightly larger than a cell phone and is connected to your vehicle and wired directly to the ignition.

Once installed, the device asks that you submit a breath test to start your vehicle. If the device detects any alcohol in your breath, it does not allow you to start your vehicle. Additionally, while driving, the device requires you to periodically stop your car and submit additional breath samples to ensure that there is no alcohol in your system while you operate your vehicle.

Who are the Approved Providers to use for an Interlock Ignition System in Rhode Island for a DUI?

You can’t install any Interlock Ignition Device (IID) in your vehicle. First, you need to check the approved list from the Division of Motor Vehicles in Rhode Island and choose one of the certified companies. Then, you need to be aware that each company has its own policies regarding how the calibration is, how the payments are done, how it saves and sends the records to the RI DMV, etc.

In Rhode Island, it’s not required to install a camera unless the judge or magistrate orders you to do so. You need to talk with your lawyer about this so you’re fully aware of all the conditions that the court has granted you.

What Does Implied Consent in Rhode Island Mean?

Implied consent means that when you are suspected of driving under the influence in Rhode Island, you are deemed to have given consent to submit to chemical testing. If you do not comply, you could be subject to sanctions on your driver’s license.

What are the Different Breath Tests in Rhode Island?

There are two different types of breath tests that you can be asked to take in Rhode Island. One breath test is a preliminary breath test, and the other is a breathalyzer. They oftentimes get confused as being the same thing. However, they are not the same thing. A preliminary breath test is a small handheld device used during a roadside stop to establish probable cause. A breathalyzer test is administered at the police station.

Each of the tests is used for different purposes in a DUI arrest and investigation. Therefore, they have different admissibility in court based on the purpose they are being used for. A preliminary breath test is less accurate and not admissible in court. A breathalyzer is considered a chemical test and is admissible in court. Having a breath test lawyer can help you face the court.

Can You Refuse a Preliminary Breath Test (PBT) in Rhode Island?

In Rhode Island, you can refuse to submit to a Preliminary Breath Test (PBT), but doing so may result in fines and other penalties. Although PBT results are not admissible in court, they can help provide police officers with enough probable cause to arrest you for a DUI.

It’s essential that you understand that refusing a PBT does not prevent further testing: if you’re arrested, you should probably be asked to take a Breathalyzer test at the police station (which is different from the PBT), and refusing this test carries harsher penalties.

Can You Refuse a Breathalyzer Test in Rhode Island?

In Rhode Island, you’re subjected to implied consent laws. This means that you’re required to submit to chemical testing if a police officer suspects that you’re under the influence, or else you can face a suspension of your license and other potential penalties.

Refusing to do a Breathalyzer test at the police station is likely to result in more severe penalties, including fines, license suspension, DUI school/substance abuse counseling, community service, and possible jail time (if you’re a repeat offender).

What Is the 15-Minute Observation Period for a Breathalyzer Test in Rhode Island?

The Rhode Island Department of Health regulations state that when somebody is being administered a breathalyzer test, the police need to observe the person for 15 minutes prior to having them take the test. The police are supposed to observe the person to make sure they do not do something that could affect the accuracy of the test.

What Is Alcohol Education or Alcohol Treatment for a DUI in Rhode Island?

As part of your DUI or Refusal penalties in Rhode Island, you can be ordered to complete an Alcohol Education program or Alcohol Treatment.

The Rhode Island DMV monitors both of these sanctions because they are alcohol-related suspensions that come from Driving Under the Influence of Alcohol or Drugs or Refusal to Submit to a Chemical Test. These sanctions are mandatory under the law.

What Is a Driving Under the Influence of Drugs or Controlled Substances Charge in Rhode Island?

In order to receive a DUI, a person does not necessarily have to be under the influence of alcohol. Instead, if a person is under the influence of drugs or controlled substances, they can be charged with a DUI in Rhode Island.

What Is DUI Resulting in Serious Bodily Injury in Rhode Island?

If, as a result of your DUI, a person other than yourself sustains a serious bodily injury, then you could be charged with DUI Resulting in Serious Bodily Injury. This is a felony charge that has heightened penalties compared to a DUI.

What Are Other Alcohol Offenses in Rhode Island?

There are plenty of alcohol related offenses in Rhode Island that extend beyond DUIs. Charges like public intoxication or drunk and disorderly conduct, which are misdemeanors, can lead you to fines, community service, probation, or even jail time. Other additional offenses involve minors, like minors in possession of alcohol and furnishing alcohol to minors, which carry severe penalties, including fines and a potential criminal record.

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

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 Penalties for DUI

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 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

Underage DUI in Rhode Island

In Rhode Island, underage individuals face strict alcohol laws and penalties. A Blood Alcohol Level (BAC) of 0.02% is enough to get a DUI if you’re underage. You can face potential fines, a license suspension, and community service.

Also, minors cannot legally possess or transport alcohol without supervision, and the penalties can escalate with repeated offenders. It is also illegal for anyone 21 years of age or older to provide alcohol to minors.

How Do You Expunge a DUI In Rhode Island?

If you have been charged with a DUI in the past, you might be eligible to expunge your DUI in Rhode Island. The first step is to figure out whether you are eligible to have the DUI expunged.

If you were convicted of a misdemeanor DUI, you then need to wait at least five years from the completion of your sentence before you can get the DUI expunged. If the DUI was dismissed or you were acquitted of the DUI, you may be eligible to seal the DUI charge right away.

Where Can I Do My Community Service for a DUI in Rhode Island?

If you have been convicted of a first offense DUI in Rhode Island, you could be required to complete 10 to 60 hours of community service.

In order to qualify for community service under a DUI conviction, you must complete community service hours at a 501(c) nonprofit organization.

How Do I Get My License Reinstated in Rhode Island?

In order to get your license reinstated in Rhode Island, you must meet certain requirements put in place by the Rhode Island Division of Motor Vehicles Adjudication Unit.

Before getting your license reinstated, you have to pay any fines that you owe to the DMV and complete any court-ordered requirements to get your license reinstated.

What Is a Drug Recognition Expert?

A Drug Recognition Expert (DRE) is a highly trained law enforcement officer. An officer who specializes in identifying drivers who are impaired by drugs other than, or in addition to, alcohol. A DRE assessment can be subjective to the officer administering the test.

What Is an Exit Order in Rhode Island?

An Exit Order is when a law enforcement officer instructs a driver, whom they suspect of driving under the influence, to exit their vehicle and perform field sobriety tests or other assessments. Exit Orders are a critical aspect of a DUI. Having an experienced Rhode Island criminal defense attorney can help you understand the implications of exit orders on your defense strategy.

How Do You Know If a Breathalyzer Machine Is Accurate in Rhode Island?

Breathalyzer machines are used to measure a person’s blood alcohol concentration. While breathalyzer devices play a crucial role in DUI enforcement, they are not perfect, and their accuracy can be questioned.

Breathalyzer results may be inaccurate if, before taking the test, the person being tested burps, vomits, or uses mouthwash. Some medical conditions, such as diabetes, can also interfere with the accuracy of the test results. Having a fever can also cause the test to give an artificially high result.

If the test is administered improperly, it can also alter the results. Breathalyzer tests require regular maintenance and calibration to be accurate. Extreme heat or cold can also influence the results of the breathalyzer test.

How to Handle the Stress of a DUI in Rhode Island

Facing a DUI charge in Rhode Island can be overwhelming, especially if it’s your first experience with the legal system, but there are strategies to help manage the stress of a DUI in Rhode Island.

Hiring a skillful DUI attorney should be one of your first priorities, as they can help you navigate the legal process, answer your questions, and create a defense strategy. It’s also important to practice self-care, manage the feelings of guilt or shame, and work closely with your attorney to stay informed throughout the process, as DUIs often involve multiple court appearances and legal steps.

New Driving Under the Influence (DUI) Law Approved in Rhode Island That Extends the Lookback Period to 10 Years

On July 15, 2024, Rhode Island approved new DUI legislation that extends the lookback period for repeat offenders from 5 years to 10 years. This change allows prosecutors to consider DUI convictions within the past 10 years when seeking enhanced penalties, aiming to deter habitual offenders with stricter sentences. The law goes into effect on July 1, 2025.

Rhode Island DUI Resources

• What is the Court Process for a DUI in Rhode Island?
• Breathalyzer Refusal
• Controlled Substance DUI
• DUI With Serious Bodily Injury
• DUI with Death Resulting
• How does a Police Officer Establish You Were Driving While Impaired?
• How Does a DUI Trial Look in Rhode Island?
• What is implied consent in Rhode Island?
• One-Leg Stand Test
• HGN Test
• Walk-and-Turn Test
• Ignition Interlock and Hardship License
• What is Alcohol Education or Alcohol Treatment for a DUI in Rhode Island?
• DUI Breath Test
• What is the 15-minute observation period for a breathalyzer test in Rhode Island?
• How Do You Expunge a DUI in Rhode Island?
• Where can I do my Community Service for a DUI?
• What is a Drug Recognition Expert?
• How do you Know if a Breathalyzer Machine is Accurate in Rhode Island?
• What is an Exit Order in Rhode Island?
• Commercial DUI

Contact an Experienced DUI Lawyer in Rhode Island

If you have been charged with a DUI in Rhode Island, it is important to seek legal representation to help preserve your rights. Ellison Law LLC has experienced Rhode Island DUI lawyers.

At Ellison Law LLC, we know the law and the technical, scientific makeup of field sobriety tests, blood tests, breath tests, and urine tests. We also know how to identify and proactively address any constitutional rights violations to benefit your case.

Contact our DUI defense lawyers in Rhode Island today at 401-389-4655 to schedule a consultation and get honest advice on your next legal options.