Free Rhode Island Drunk Driving Defense FAQs | Free Rhode Island Drunk Driving Defense Legal Documents

What Constitutes drunk "Driving"?

Tue, 29 May 2007 21:19:00 GMT

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.

Can I Be Charged If I Am In A Parking Lot

Tue, 29 May 2007 21:19:00 GMT

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 while he or she was pulling in or backing out of a private driveway or driving in a parking lot. All that need be shown is that the person was driving and was under the influence of an intoxicating liquor to a degree that rendered the driver incapable of safe operation at the time he or she was driving.

What Is The Per Se Law?

Tue, 29 May 2007 21:19:00 GMT

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 content of .10 or more. The blood alcohol content becomes the crime itself. Our new law is known as a per se law.

What Happens If I Am Stopped By The Police For Driving Under The Influence?

Tue, 29 May 2007 21:19:00 GMT

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 perform certain tests, known as field sobriety tests, to determine whether you are actually under the influence of an intoxicating liquor. The field sobriety tests vary in number and kind and each police department favors certain tests over others. The standardized field sobriety tests consist of the "oneleg stand" test, the "walk and turn" test, and the "horizontal gaze nystagmus" test. After completion of the field sobriety tests, the police officer may, based upon his or her observations, arrest you for driving under the influence, advise you of your constitutional rights and ask you to submit to a chemical test. Most police departments in Rhode Island use a breath test, although the police actually have the option of giving you either a breath test, a urine test, or a blood test. Under Rhode Island law, you have the right to refuse to take any of the chemical tests.

What Happens If I Refuse To Take A Chemical Test?

Tue, 29 May 2007 21:19:00 GMT

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 person is driving under the influence of an intoxicating liquor. The following administrative as opposed to criminal, penalties will be imposed after a hearing if you refuse to take a chemical test and are a firsttime offender:

In addition, after the suspension period has expired you will have to pay a reinstatement fee and additional assessments prior to license reinstatement. The administrative penalties are mandatory and cannot be suspended or reduced by an Administrative judge. There are further and stricter penalties for subsequent violations for the same offense.

Can I Be Prosecuted Both Criminally And Administratively?

Tue, 29 May 2007 21:19:00 GMT

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).

What Happens If I Agree To Take A Chemical Test?

Tue, 29 May 2007 21:19:00 GMT

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 person has in his or her lungs, and make a mathematical computation to convert breath alcohol to blood alcohol. If you agree to take the test the police will have a certified breath test operator utilizing certified breathtesting equipment. The breath test consists of two phases, that is, two separate readings are taken at least 30 minutes apart. If your bloodalcohol content (BAC) level is . 1 0 or greater, the police have strong rebuttal evidence of your guilt of driving under the influence. At trial, the court is allowed to draw the inference that BAC at the time you were driving was the same as when the test was administered. If you agree to take the breath test, the police must advise you of your right to have an additional test taken at your own expense, and the police must give you reasonable opportunity to exercise this right. In addition, in both refusal cases and in drunk driving cases, the police must advise you immediately after your arrest of your right to be examined by a physician of your choosing at your expense.

What Happens If The Readings Indicate That I Am Intoxicated?

Mon, 04 Jun 2007 21:51:22 GMT

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. You, of course, have the right to present evidence to rebut any evidence of intoxication including evidence which rebuts or calls into question the chemical test result. This rebuttal evidence can take many forms and an attorney should be consulted with respect to preparing a defense on any charge of driving under the influence.

What Happens If I Am Found Guilty Of Driving Under The Influence?

Mon, 04 Jun 2007 21:51:22 GMT

Driving under the influence is a criminal offense. The minimum penalties for driving under the influence are as follows:

There are stricter penalties, including a mandatory jail sentence, for second and subsequent violations and convictions. All of the criminal penalties, including jail sentences for second and third convictions, are mandatory and cannot be suspended or reduced by a judge.

Should I Take The Breath Test?

Tue, 29 May 2007 21:19:00 GMT

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 it's not a crime to refuse there are civil consequences including loss of license. If you have had more than five drinks and you are definitely drunk, do not take the test. They will still have to prove that you are drunk and they still might be able to without the test. You will lose your license and pay a civil fine, but if they can't prove you were drunk you will not be convicted of a crime.

What Do I Say If I'm Asked If I've Been Drinking?

Tue, 29 May 2007 21:19:00 GMT

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 to take a breath test and it proves that you had been drinking then your answer didn't matter. If the officer persists, you should ask if you're under arrest. If the officer says no then you should be free to leave. If you are arrested, you have forced the officer into a premature arrest and weakened the case. Immediately ask for a lawyer.

What Are The Speed Limits In Rhode Island?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted
Prima Facie Interstate 65 mph
Ltd Access Rds 55 mph
Other Primary Rds 55 mph
Residential 25 mph

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar No
Photo Radar No
Aircraft Yes
Laser Yes

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding No
Parking No
Equipment No
DWI Yes
*Note: Speeding and all minor traffic violations are handled by the Administrative Adjudication Division.

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

All accidents must be reported immediately to the local authorities and (if the accident results in death, personal injury, or property damage exceeding $500) within 21 days to Department of Motor Vehicle, Accident Division, 286 Main Street, Pawtucket, RI 02860.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law and financial responsibility law with both securitytype and future prooftype when there has been an accident resulting in personal injury or property damage over $500. Minimum limits: $25,000/50,000/25,000 or $75,000 combined single limit. Rhode Island has uninsured motorists law.

Are There Any Laws Unique To Rhode Island?

Tue, 29 May 2007 21:19:00 GMT

Dome light must be turned on when pulling over if stopped by the authorities after dark.

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are permitted in the vehicle. Consumption while operating a vehicle is prohibited.
Unloaded firearms are permitted in the vehicle. Firearms must be cased and inaccessible . Handguns require a valid permit.
Studded tires are permitted from November 15 to April 1.
Tire chains are required under certain conditions.
Rhode Island has a seat belt law with secondary enforcement for all occupants.
Rhode Island has a mandatory child restraint law for passengers under 14 years of age. Children under age 3 must use approved car safety seats.
Children 5 years of age and younger are required to ride in the back seat of vehicle. Pickup trucks, twoseat sports cars, and vehicles manufactured before July 1, 1996 are exempt.
Rhode Island has a mandatory motorcycle helmet law for persons under 21 years of age and for drivers during the first year of driver's licensure.
Registration and insurance card must be carried in the vehicle.