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Can I Be Prosecuted Both Criminally And Administratively?

Some police departments are satisfied with an administrative conviction for refusal to submit to a chemical test. Other police departments prosecute criminally for driving under the influence even without the benefit of a breath, blood or urine test evidence. Some police departments will prosecute a suspected drunk driver both administratively (for refusal) and criminally (for DWI).

Other Rhode Island Drunk Driving Defense FAQs

Q: What Constitutes drunk "Driving"?
A: 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 … More
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: 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