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Rhode Island Drunk Driving Defense Attorney
Rhode Island DUI - DWI - Drunk Driving
Defense — A cultural stigma has become
associated with drunk driving that was not
present in our society even a decade ago. Public
perception categorizes people charged with drunk
driving as criminals, even before they have been
convicted of any crime. Being arrested for drunk
driving, driving under the influence (DUI), or
driving while intoxicated (DWI) can be an
unsettling proposition, to say the least. A DUI
- DWI conviction in Rhode Island
carries with it
heavy penalties, including:
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A permanent criminal record
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Suspension or loss of license
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Increased insurance rates
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Community service
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Possible jail or prison time
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Alcohol assessment and treatment
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Probation
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Vehicle immobilization or forfeiture
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Serious fines
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Possible job loss
In almost every DUI-DWI case, a driver has
two cases to contend with. The DUI-DWI arrest
results in criminal charges, but what most
drivers do not realize is that an arrest also
initiates a civil proceeding against the
arrested motorist’s driving privileges, commonly
referred to as a Rhode Island
Department of Motor
Vehicles (DMV) license suspension.
A DMV license
suspension, which is also referred to as an
Administrative License Suspension (ALS), is
initiated against an arrested driver when he
either refuses to submit to breath or blood
testing, or alternatively, fails a breath or
blood test. The legal authority to impose a DMV
or ALS suspension against a driver lies in the
Rhode Island
implied consent statute. The implied
consent law states that each person who operates
a motor vehicle on Rhode Island
roadways has
impliedly consented to provide a specimen of
breath or blood if arrested for DUI-DWI and
provided with the applicable consequences of
refusing to submit to testing. Issues involved
in a DMV or ALS license suspension hearing
include the following:
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Whether the law enforcement officer had
reasonable suspicion to stop the driver
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Whether the officer had probable cause
to arrest the motorist for drunk driving
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Whether the officer complied with
Rhode Island
implied consent law in terms of
offering an opportunity to provide a
specimen of blood or breath
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Whether the driver refused to provide a
specimen of blood or breath or failed a
breath or blood test by registering al
alcohol concentration of .08 or greater.
If you have been arrested or accused of drunk
driving, DUI, DWI, or any
other alcohol-related criminal offense, you need
to hire well qualified legal counsel
The
selection of an experienced attorney is the
first step towards regaining control of your
life. |
Contact us today by
Email
or call us today at
(401) 272-3900
to speak with to me personally.
The
conversation and my initial consultation is free
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