Rhode Island drunk driving and operating under the influence laws are considered some of the toughest in the northeastern United States. Drivers convicted of OUI face jail time, fines, license suspensions, and other punishment. It’s possible to fight and win against a Rhode Island drinking and driving charge, but only with expert legal help. The skilled attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com will provide a free consultation and outline a defense strategy designed to protect the driver’s rights.

Rhode Island OUI charges are prosecuted under one or both of two theories. The prosecutor will try to prove that the driver was mentally or physically impaired by consuming alcohol and/or drugs, or violated Rhode Island’s “per se” laws. Per se is another way of saying that the driver’s blood alcohol content (BAC) was .08 percent or greater.

The prosecutor in a Rhode Island OUI case will attempt to prove that the driver was under the influence of alcohol or drugs by introducing evidence of driving patterns, poor performance on the standardized field sobriety tests, signs and symptoms of intoxication such as red and watery eyes and slurred speech, and chemical test results.

Per se prosecutions don’t focus on the mental and physical impairment of the driver. Per se prosecutions center solely on the driver’s BAC. If the prosecutor can prove that the driver had a BAC of .08 percent or greater while behind the wheel, the motorist will be convicted of drunk driving. However, alcohol levels can fluctuate greatly over a short period of time, and chemical test results can be effectively challenged by a skilled Rhode Island OUI attorney.

Other evidence in a Rhode Island drinking and driving prosecution can also be challenged. For example, standardized field sobriety tests are only valid if they are administered in the prescribed manner, and if standardized clues are used to interpret the OUI suspect's performance. If any of these elements are absent, the validity of the field sobriety test is compromised. An experienced OUI defense lawyer will be able to readily demonstrate how the arresting officer varied from the way in which the tests are supposed to be administered, and therefore, unreliable to demonstrate impairment if not entirely inadmissible in court.

Rhode Island has a "washout" or "lookback" period of five years for operating under the influence offenses, meaning that if the driver is arrested for OUI within five years of a prior drunk driving conviction, he or she will face the increased punishment meted out to multiple offenders.

Most Rhode Island DUI charges are misdemeanors; however, a third-offense OUI within five years will be charged as a felony. Additionally, Rhode Island OUI penalties are enhanced in OUI cases where the driver’s BAC is alleged to be .15 percent or greater.

Refusing to take a chemical test following arrest for Rhode Island OUI or DUI is a separate criminal offense punishable by fines, community service, license suspensions, OUI educational classes, and other sanctions. The prosecutor may seek to introduce evidence of the refusal as consciousness of guilt.

OUI / DUI is punishable in Rhode Island by fines, jail or an approved alternative, community service, alcohol education programs, and the possibility of an ignition interlock device requirement.

A Rhode Island OUI conviction also results in a separate Division of Motor Vehicles license suspension. The Rhode Island DMV will suspend a driver’s license for 90 days for a first-offense drunk driving conviction, three years for a second offense within 10 years, five years for a third offense within 10 years, and seven years for a fourth offense within 10 years.

Rhode Island participates in the Interstate Driver's License Compact, which shares information between states about drinking and driving convictions. Therefore, a DUI or OUI conviction from another state may be treated as a prior conviction in a Rhode Island OUI prosecution.

A Rhode Island operating under the influence arrest can have severe consequences, but conviction isn’t automatic – far from it. The skilled local attorneys at 1.800.NOT.DRUNK and www.NotDrunk.com will provide a free consultation and outline an aggressive defense plan designed to minimize or even eliminate the repercussions of a Rhode Island drunk driving arrest.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.