Portsmouth Felony DUI Lawyer

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Portsmouth Felony DUI Attorney

In Rhode Island, as in every state across the nation, driving under the influence (DUI) is a serious offense with legal repercussions. Operating a vehicle while impaired by alcohol or drugs is illegal. Typically, a DUI conviction occurs when a driver’s blood alcohol concentration (BAC) exceeds legal limits or when they are visibly impaired while driving as a result of ingesting substances. If you are facing a felony DUI, A Portsmouth felony DUI lawyer can help.

Best Portsmouth Felony DUI Lawyer

Why Choose Us?

When facing felony DUI charges in Portsmouth, Rhode Island, protecting your rights is crucial. Ellison Law LLC can help. We offer personalized attention to every client, as we know that each case is unique. We understand the nuances of DUI laws and utilize our knowledge to develop strategic defense strategies tailored to your unique circumstances.

We have a proven track record of success in handling DUI cases, including felony charges. Our attorneys have successfully defended numerous clients facing felony DUI charges, securing favorable outcomes and minimizing the impact on their lives. Our DUI attorneys offer guidance, advocacy, and support, ensuring that you are informed and empowered throughout the legal process.

We are committed to providing exceptional service and achieving the greatest possible outcome for you.

Felony DUI vs. Misdemeanor DUI

While many DUI cases are categorized as misdemeanors, felony charges are possible under more severe circumstances. Determining whether a DUI constitutes a misdemeanor or a felony heavily relies on the presence of specific aggravating factors, such as:

  • Prior DUI convictions. Repeat offenders may face felony charges if they have previous DUI convictions. While initial and subsequent DUIs are typically misdemeanors, subsequent offenses are often categorized as felonies. In Rhode Island, it is a misdemeanor once someone reaches their third offense.
  • DUIs involving injuries or deaths. DUIs resulting in accidents causing injury or death may be charged as felonies. This typically results in a vehicular manslaughter charge.
  • DUIs with children in the car. DUIs with minors in the vehicle can lead to felony charges or enhanced penalties. This is especially true if the minors in the vehicle were under the age of 13.
  • Blood alcohol level. If a driver has an abnormally high blood alcohol concentration level, it can result in a felony DUI charge, especially if it is their third offense. For instance, driving with a BAC of .20% or higher might lead to felony charges, surpassing the legal limit of .08% for a standard DUI.

Penalties for Felony DUIs

While both misdemeanor and felony DUIs entail similar consequences, felony convictions carry significantly harsher penalties:

  • Fines and Jail Time. Misdemeanor DUI convictions typically result in fines and a maximum of one year in jail, with minimal or no jail time in many cases. In contrast, felony DUIs often incur fines of up to $5,000 and substantial jail or prison sentences. These sentences have minimums ranging from six months to multiple years, depending on the circumstances.
  • License suspension. Both misdemeanor and felony DUI penalties include license suspension, but felony convictions often result in longer periods of suspension and the potential for permanent revocation.
  • Probation. Both misdemeanor and felony DUI convictions may involve probation, but felony probation usually entails stricter conditions that often last much longer. Some of these conditions include community service, abstinence from drugs or alcohol, regular check-ins with a probation officer, and random drug and alcohol testing.

Common Defenses for a Felony DUI

When it comes to defending against felony DUIs, having adequate legal counsel is crucial. Defense strategies include challenging the legality of traffic stops, questioning the accuracy of chemical tests, negotiating plea bargains, or presenting mitigating factors to advocate for leniency in sentencing. An attorney will look at all the evidence to prepare the greatest possible defense for you to reach the most favorable outcome.

Portsmouth DUI FAQs

Q: Can You Expunge a DUI in Rhode Island?

A: In Rhode Island, it is possible to expunge a DUI conviction under certain circumstances. Generally, misdemeanor DUI convictions can be expunged after a waiting period after the completion of the sentence and once all requirements are met. However, expungement eligibility and requirements can vary depending on the circumstances and details of the case and the individual’s criminal history.

Q: What Is the DUI Limit in Rhode Island?

A: In Rhode Island, the DUI limit is a 0.08% blood alcohol concentration level. If a person is operating a commercial vehicle, that limit is 0.04%. If the individual is under the age of 21, that legal limit is 0.02%. If a person under these circumstances has a blood alcohol concentration level at or above these legal limits, they can be charged with a DUI.

Q: Does a DUI Show up on a Background Check in Rhode Island?

A: A DUI conviction typically shows up on a background check in Rhode Island. Background checks conducted by employers, educational institutions, housing facilities, or other entities may include information about past criminal convictions, including DUI offenses. The extent and details regarding a DUI on a background check may vary depending on factors such as the type of background check being conducted and how thorough the search is.

Q: How Long Does It Take to Expunge a Felony in Rhode Island?

A: The process of expunging a felony conviction in Rhode Island varies depending on the circumstances. Generally, it involves filing a petition for expungement with the court, followed by a review process that can vary in duration. The exact timeline for expungement can depend on various factors, including the court’s caseload, the complexity of the case, and any specific requirements or procedures involved in the expungement process.

Contact Ellison Law LLC Today

Felony DUI charges in Rhode Island require knowledgeable legal counsel. With the potential for substantial fines, lengthy incarceration, and other permanent consequences, such as license revocation, individuals need the help of proficient DUI defense attorneys to protect their rights and pursue the greatest possible outcome for their cases.

If you or someone you know is facing felony DUI charges in Portsmouth, consulting a DUI defense law firm is vital. We can provide the guidance, advocacy, and support needed to navigate this challenging time and secure your future. Contact Ellison Law LLC today for more information.


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