What Constitutes drunk "Driving"?
Driving under the influence of alcohol, as it is usually called, is probably one of the most commonly committed crimes. Yet, the crime is often committed by noncriminal typesrespectable members of the community who have never before had any trouble with the law. The driver of a motor vehicle need not be "drunk" to be convicted of operating or driving under the influence of alcohol. All that need be shown is that the driver or operator is affected by the alcohol to the extent which renders him or her incapable of safely operating a motor vehicle. A person may not seem to be "drunk" but if his or her reflexes have been impaired by drinking, he or she can be convicted for driving under the influence. Under Rhode Island law, there is no requirement that the driving be on a public road.
Other Rhode Island Drunk Driving Defense FAQs
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Q:
Can I Be Charged If I Am In A Parking Lot
A: A person may be convicted for operating or driving a vehicle anywhere in the state. It is conceivable that someone could be convicted for driving under the influence … More -
Q:
What Is The Per Se Law?
A: Under Rhode Island's drunk driving law, a person can also be found guilty of driving under the influence if at the time of driving, he or she had a blood alcohol … More -
Q:
What Happens If I Am Stopped By The Police For Driving Under The Influence?
A: If a police officer has reasonable grounds to believe that you are operating a motor vehicle while under the influence of an intoxicating liquor, he/she may ask you to … More -
Q:
What Happens If I Refuse To Take A Chemical Test?
A: In Rhode Island, anyone who operates a motor vehicle is deemed to have given his/her consent to take a chemical test if a police officer reasonably believes that … More -
Q:
Can I Be Prosecuted Both Criminally And Administratively?
A: Some police departments are satisfied with an administrative conviction for refusal to submit to a chemical test. Other police departments prosecute criminally for … More -
Q:
What Happens If I Agree To Take A Chemical Test?
A: As previously stated, most police departments use breath testing equipment to test the amount of alcohol in a person's blood. The machines test the amount of alcohol a … More -
Q:
What Happens If The Readings Indicate That I Am Intoxicated?
A: In Rhode Island chemical test readings of .10 or more are sufficient, without any further evidence, to sustain a conviction for driving under the influence of alcohol. … More -
Q:
What Happens If I Am Found Guilty Of Driving Under The Influence?
A: Driving under the influence is a criminal offense. The minimum penalties for driving under the influence are as follows: A. a fine of $100$300; B. 1 0 to 60 … More -
Q:
Should I Take The Breath Test?
A: That depends! Have you been drinking? If you haven't had a drop by all means take the test when asked. If you fail to do so you will be charged with refusal. Although … More -
Q:
What Do I Say If I'm Asked If I've Been Drinking?
A: If you tell the officer that you have had anything at all to drink then you will probably be asked to take a breath test. Therefore the answer is NO! If you are asked … More
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