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Providence DUI Attorney

DUIs can come with serious penalties and setbacks. If you are accused of a DUI, you might be given fines, spend time in jail, and even get your license suspended. These consequences can severely limit your freedom. A Providence DUI lawyer could help you receive lesser penalties or even have the charges dropped so that you can get back to doing the things you enjoy.

Best Providence DUI Lawyer

Straightforward Representation

At Ellison Law LLC, we believe that you are more than just a case number. We strive to handle every client and their case uniquely to deliver positive outcomes. Our firm prides itself on maintaining upfront communication with our clients and giving them honest feedback on their cases. We want our clients to feel informed and empowered about their legal situation. For more information on what we can do for your case, contact Ellison Law LLC today.

The Basics of a DUI

A DUI charge is given to individuals who are found to be driving under the influence of drugs or alcohol. In the context of alcohol, the person must be over the legal blood alcohol content limit. If you are found to be over this amount, then you are usually charged with a DUI. If you are found to be at twice this amount or over, then harsher repercussions are likely to be given. For other substances, any amount found can result in a DUI.

Standard DUI Charges

Individuals who receive DUI charges in Rhode Island typically also receive additional penalties, depending on their blood alcohol level and the amount of previous DUI charges acquired within the last five years. Penalties associated with DUI charges include conditions like:

  • A jail sentence
  • A license suspension
  • Attendance of a program specifically tailored to individuals with DUI convictions
  • Potential requirement to place an ignition interlock device on your vehicle
  • Various fees, including penalties and court fees

These penalties can be quite harsh and are likely to negatively affect your quality of life. To reduce these charges or potentially have them dismissed, contact a Providence DUI lawyer.

Why Do I Need an Attorney?

If you have been charged with a DUI in Providence, RI, it can help your case tremendously to speak with a DUI attorney as soon as possible. An attorney can help with various aspects of your case, including:

  • Explaining Your Options: Many people don’t understand the full repercussions of their situation or what options they have going forward. A DUI lawyer can review your options and give you an honest assessment of your outlook so you can make informed choices.
  • Examining the Situation: Every DUI case is different, and even the smallest factors can make or break your case. Our attorneys can review existing footage or other documentation to make sure that law enforcement performs their duties based on the correct procedures.
  • Reducing Conflicts Before Trial: In some cases, a good attorney might be able to get your DUI charges dropped without even needing to go to trial. However, this is not always the case. Either way, an attorney can prevent certain evidence or charges from being used in court before the trial happens to increase the odds of success. There might also be a way to negotiate with the prosecution for a lighter sentence in exchange for a guilty plea.
  • Assisting You in Court: If a court case is inevitable for your situation, a skilled attorney can provide effective representation. They can make valid arguments in support of your situation and advise you on what to do or say while in the courtroom.

Blood Alcohol Tests

There are several different types of chemical tests that law enforcement officers can use to determine how much alcohol an individual has in their system. If someone uses public roads in Rhode Island, they are subject to implied consent laws. These laws indicate that individuals automatically agree to take a BAC test simply by driving in Rhode Island. This means that there are penalties involved if someone refuses to take a test.

The first time someone refuses to test, it is usually considered a civil infraction that comes with a license suspension. It also comes with required community service and fines. The penalties are more severe if an individual refuses to test a second time or a third time, with the charges increasing from a civil offense to a misdemeanor.

The charges for refusing to take a blood alcohol content test are similar to DUI charges and can also be fought in court. If you have been charged with a BAC test refusal, contact a DUI attorney to determine what your options might be.

Potential DUI Defenses

In some instances, it might be possible to make a valid argument against your DUI charges. An attorney can review which type of defense might work well for your case. Common strategies include things like:

  • BAC Test Inaccuracy: If law enforcement did not follow the correct procedures while administering a BAC test, then the results might not hold up in court. Errors include lack of machine maintenance, improper handling of samples, and testing someone who still has residual alcohol in their mouth.
  • Contesting Law Enforcement Observations: Police officers can also use their observations of a driver to determine if they were driving under the influence. Depending on the specific case, these observations might be inconclusive and irrelevant to your charges. Arguments could be related to circumstances like fatigue, physical illness or disability, or other issues that look similar to intoxication without context.
  • Using Witnesses: This does not apply to every case, but witnesses are sometimes used to offer a different perspective on your DUI charges.
  • Field Sobriety Tests: Law enforcement sometimes uses field sobriety tests to evaluate individuals instead of BAC tests. These tests have specific rules and procedures. If they are not explicitly followed, then the results from a field sobriety test could be invalidated.
  • Traffic Stops: In order for law enforcement to pull you over, they must have a valid reason to do so. If they cannot provide a valid reason, the traffic stop could be considered illegal, and all resulting evidence could be inadmissible.
  • Arrest Procedures: If you are arrested and questioned while under arrest, law enforcement must read your Miranda rights first. These rights include things like the right to remain silent and have an attorney. Failure to do so doesn’t mean your charges are invalid, but it does prevent the prosecution from being able to use anything that you said as part of their case.

Every DUI case is different, so not every defense will work in every situation. An attorney can review which options might be more effective than others to improve the chances of a lower sentence or dismissal.

Drunk Driving FAQs

Q: How Much Is a DUI Lawyer in Rhode Island?

A: A DUI lawyer in Rhode Island can cost a significant amount of money, depending on the type of DUI charges. Generally, first-time offenders have lower penalties and might pay less on average than those with multiple offenses. An attorney’s cost also depends on their experience level in working with DUI charges. While some charge a flat fee for a DUI, others ask for a retainer fee or work on an hourly rate. For specifics on DUI attorney fees, contact an attorney directly.

Q: What Are the Penalties for a First-Offense DUI in Rhode Island?

A: A first-offense DUI in Rhode Island is usually considered a misdemeanor. The penalties include time in jail, fines, and the individual having their license suspended. The amount of time for the suspension differs significantly based on many factors. Penalties might be harsher if individuals are found to have over twice the legal limit of blood alcohol content in their system.

Q: What Is the DUI Limit in Rhode Island?

A: There is no limit to the number of DUIs an individual can be charged with in Rhode Island. A DUI is often considered a felony when the offender has been convicted of DUIs in the past. In this case, you could be dealt a longer jail sentence, a longer license suspension period, a greater fine, counseling on drugs and alcohol, and an ignition interlock device for a long period of time.

Q: How Is a Second DUI in Rhode Island Penalized?

A: A second DUI in Rhode Island is penalized by a fine, jail time, counseling, a license suspension, and the forced installation of an ignition interlock device in your vehicle once your license is reinstated. The penalties are slightly increased if your blood alcohol level was above a certain percentage when you were caught. A second-time DUI in Rhode Island is considered a misdemeanor.

Dedicated DUI Attorneys

DUI charges can be overwhelming, especially if these are your first charges. That’s why it’s so important to work with an experienced DUI attorney. They can review what possible defense strategies you can choose from in your case and give you the tools to affect your outcome. For more information on how our dedicated staff can help with your DUI charges, schedule a consultation with Ellison Law LLC today.

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