Rhode Island DUI With Child Lawyer

Home |  Rhode Island DUI With Child Lawyer

best rhode island dui with child lawyer

DUI With Child Attorney in Rhode Island

Being charged with driving under the influence (DUI) when a child is in the car with you can have serious repercussions on your freedom and your family. Harsh penalties and a lasting criminal record can impact your professional life, restrict your ability to drive, and could lead to setbacks in family court or losing custody. Working with a Rhode Island DUI with child lawyer could minimize these penalties or even dismiss charges.

At Ellison Law LLC, we strive to guide you through DUI charges with compassion, explaining the legal processes and ensuring you feel confident in each step. We know being charged with a DUI when you are responsible for a child can be overwhelming, but a Rhode Island DUI lawyer at Ellison Law LLC can help.

DUI With a Child Charges

Almost 3,000 Rhode Islanders are arrested for driving under the influence each year. In Rhode Island, driving under the influence (DUI), driving while intoxicated (DWI), and operating a vehicle under the influence (OVI) are all charges you may receive if driving while intoxicated. When a child under 13 is in the car when you are charged for intoxicated driving, you can also be charged for child endangerment.

The first DUI child endangerment offense is a misdemeanor, and any subsequent offenses are classified as a felony. The penalties are often greater than a DUI charge alone.

Penalties for Driving With a Child While Intoxicated

The harsh DUI penalties in Rhode Island reflect the danger of drinking and driving, which is made more extreme when a child is in the car. A quarter of all traffic deaths for children 14 and younger occur when alcohol is involved. DUI with child penalties will vary depending on the level of intoxication and whether it is your first offense or if you have been charged with a DUI before.

Penalties for the first offense of driving while intoxicated with a child under 13 may include:

  • Immediate license suspension pending prosecution
  • Up to a year in jail
  • Up to $1,000 in fines
  • License suspension for up to 2 years
  • Attendance at a course on intoxicated driving
  • Alcohol or drug education and/or treatment
  • A Possible highway assessment fee of up to $500

Penalties for subsequent offenses could include:

  • Immediate license suspension pending prosecution
  • Up to 5 years in prison
  • Up to $5,000 in fines
  • License suspension for up to 2 years
  • Attendance at a course on intoxicated driving
  • Alcohol or drug education and/or treatment
  • A possible highway assessment fee of up to $500

The consequences can extend beyond fines and jail time. If you are the parent or guardian of the child, a child endangerment charge can threaten your family. The Department of Children, Youth, and Families (DCYF) may examine your and your child’s living conditions, which could result in losing custody. In ongoing family court cases, a child endangerment charge could make it more difficult to secure visitation rights or a satisfactory custody arrangement.

Why Hire a DUI With Child Lawyer?

The consequences of being charged with a DUI with a child can be frightening and leave you stressed about what the future holds, especially as a parent. Hiring a DUI with child lawyer can guide you from the time you are arrested through your sentencing.

Having a DUI with a child attorney is your optimal defense against heavy penalties. Their ability to scrutinize evidence and knowledge of DUI laws makes it possible to create a defense that could reduce or dismiss charges and advocate for minimized penalties. Often, they can find grounds for dismissed charges, such as improper traffic stops or any faults in the administration of chemical tests.

FAQs About DUI With Child in Rhode Island

How Long Does a DUI Stay on Your Record in Rhode Island?

A DUI can stay on your record indefinitely. However, you may be eligible to expunge it as soon as five years after completing your sentence for a misdemeanor charge, or ten years after completing your sentence for a felony charge. A DUI Lawyer can determine whether you are eligible for expungement and help you file a motion to seal or expunge your DUI from your record.

Can a DUI Affect Child Custody?

Yes, it is possible that if you were charged with child endangerment after drinking and driving with your child under 13, it could impact child custody. The Department of Children, Youth, and Families (DCYF) can evaluate your case and has the ultimate say in whether you lose custody. Your charge can also negatively impact you in family court, influencing the custody arrangement.

Can You Refuse a Breathalyzer or Other Chemical Testing?

No. While nearly 70% of Rhode Island drivers charged with a DUI chose to refuse, under Rhode Island’s Implied Consent law, you are required to comply with chemical testing. Refusing chemical testing could lead to a chemical test refusal charge in addition to DUI charges. Chemical tests could include breath, blood, saliva, and/or urine testing to determine the presence and level of alcohol or other drugs.

How Soon Should You Contact a DUI Lawyer?

Contact a DUI Lawyer as soon as possible. Having an attorney to represent you once you are arrested increases the chances that you can reduce or dismiss charges. They can also offer legal advice and protect you from self-incrimination when communicating with law enforcement. By acting early, your lawyer is also able to collect evidence and have more time to build a defense against your charges.

Find Hope With a Rhode Island DUI With Child Lawyer

The consequences of a DUI with a child charge can be frightening, leaving you stressed about what the future holds. Hire a DUI with child lawyer at Ellison Law LLC who can bring you clarity during this process. We are committed to fighting to dismiss or reduce DUI charges to minimize this setback. Contact us today to learn how an experienced DUI lawyer can work towards the optimal outcome in your DUI case.

Rhode Island DUI Defense

Testimonials

Contact Us Today

Fields marked with an “*” are required