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Did You Know?
Aggravated Vehicular Homicide (while driving intoxicated)
One state defines this as Class A Felony If any of the following conditions are present: Two or more prior (a) DUI convictions or Vehicular or (b) Vehicular Assault convictions or (c) any combination One prior Vehicular Homicide A BAC of .20 or greater at the time of the vehicular homicide and has one (1) prior DUI or Vehicular Assault offense
Driving under the influence (DUI) of alcohol, or "drunk driving,"
in Rhode Island is by far the most commonly encountered offense
in the courts today. In 2002, it is estimated that nearly 17,500
people were killed in automobile collisions involving alcohol. According
to the National Highway Traffic Safety Administration (NHTSA), this
represents 41 percent of the 42,815 people killed in all traffic
accidents and crashes that year.
Rhode Island Drunk Driving BAC Related Deaths
Motor Vehicle Fatalities Involving High Blood Alcohol Concentration in Rhode Island
Total fatalities 1995
69
Fatalities involving high blood alcohol
22
Percent
32
Total fatalities 2000
80
Fatalities involving high blood alcohol
31
Percent
38
Source: U.S. Department of Transportation, National Highway Traffic Safety Administration, National Center for Statistics and Analysis, Traffic Safety Facts 2000:
Defending against a charge of drunk driving in Rhode Island is
tricky business. A Rhode Island DUI defense attorney needs to understand
scientific and medical concepts, and must be able to question tough
witnesses including scientists and police officers.
If you want to fight your drinking and driving charge in Rhode Island,
you're well advised to hire an attorney who specializes in these
types of cases. They may be able to get you off the hook, or lessen the fine or punishment imposed.
The laws concerning "drunk driving" have changed radically
over recent years. A person arrested today for driving under the
influence of alcohol ("DUI", also referred to as "DWI" or
driving while intoxicated) faces complicated criminal procedures and a potentially
devastating punishment that can be more severe than
a penalty handed down in a felony case.
An experienced attorney who specializes in blood alcohol analysis
and drunk driving cases can effectively handle criminal and administrative
proceedings. It is an unfortunate fact, however, that many general
practitioners or general criminal attorneys attempt to represent
clients with little or no training or experience in this very complex
field and the results are disastrous.
Drunk Driving Punishments
The punishment in drunk driving cases is set forth by state statute and
can be incredibly complex. The basic statute determines the range
of possible sentences, with modifications for such things as:
Having a prior conviction within seven years
Speeding 20 mph over the limit
Having a child under 14 in the car
Having a blood alcohol content reading over .20%
Refusing to submit to chemical testing
Within the range, the actual sentence in a drunk driving case will
be affected by:
The facts of the case
Any policies of the local court and prosecutors
The weaknesses in the case uncovered by the defense attorney
The reputation of that attorney
All of this is independent of a DMV suspension, which is determined
separately and which can be very complicated.
DUI Not Grounds for Deportation, High Court Rules
Audio, RM, 44 Kbps, 3:33, 11/9/2004
The Supreme Court rules that driving under the influence is not a crime of violence that can occasion deportation, finding unanimously that the law requires that the defendant showed intent to injure. Source: National Public Radio
Definition:
Intoxication as we know it is not required for one to be guilty of drunk driving. Your condition may be enough for you to be found guilty of a drunk driving offense under the current definition of the law.
Reasonable suspicion
Definition:
The officer must have what is legally termed a "reasonable suspicion," based on something unusual that is actually observed about the way a person is driving. This is a very low standard and it can be satisfied by virtually anything which appears out of the ordinary and that might be a sign of a driver being under the influence. In addition, during holiday seasons, police officers typically set up field sobriety checkpoints where they routinely stop every driver who passes through the checkpoint.
DUI
Definition:
DUI is driving under the influence; it is the offense of operating a motor vehicle in a physically or mentally impaired condition, especially after consuming alcohol or drugs. Generally, this is a lesser offense than driving while intoxicated.
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Did You Know?
Rhode Island Drunk Driving BAC Related Deaths
Rhode Island Public Defender Client Handbook Drunk Driv