DUI

Facts: Client hit two parked cars and was stopped by the police in a nearby parking lot. The client was arrested for DUI and then charged with a breathalyzer refusal.

Results: DUI was dismissed. The recieved a 30 day suspension of his drivers license but was able to obtain a hardship license and continue driving for work purposes.

Second Offense DUI

Facts: Client was arrested and charged with DUI and breathalyzer refusal. It was the second time in three years.

Results: The client was facing jail and a minimum one year loss of license. However, after negotiation, the Court agreed to a minimal suspension of 45 days and allowed the client to drive back and forth to work during the suspension.

The client did not have to serve any jail time.

Case Result: A commercial driver’s license holder gets a DUI

Facts: The client, a commercial truck driver, got a DUI and breathalyzer refusal charge.

Results: After negotiation with the prosecutor, the client was able to plead to a simple reckless driving charge. The refusal was dismissed and the court did not suspend the client’s license.

Case Result: DUI & Criminal Refusal

Facts: Client charged with DUI and criminal refusal of a breathalyzer.

Results: Charge reduced to reckless driving with no conviction and no license loss.

Case Result: DUI and refusal

Facts: Client hit several cars and drove his own car over an embankment. Charged with DUI and breathalyzer refusal.Results: Client allowed to plead to the refusal charge in exchange for a dismissal of the DUI with no resulting criminal conviction.

Case Result: DUI

Facts: Client charged with DUI. Client was seriously intoxicated and simply could not drive.

Results: Case resolved with no criminal conviction resulting.

DUI Penalties: Did the State of Rhode Island Create A Get Out Of Jail Free Card?

Recent Legal Changes

Recent changes in the DUI law in Rhode Island have prompted the law enforcement community to adapt their procedures for dealing with drivers suspected of DUI. One of those procedural changes has apparently backfired. Because of this mistake, people charged with DUI or breathalyzer refusal now have an argument in court which can kill the entire case against them. The explanation is kind of complicated, but bear with me.

The Explanation

When the police perform a DUI investigation, at some point they will ask the motorist to consent to a breathalyzer examination. This examination is technically a search, and searches are controlled by the 4th Amendment of the U.S. Constitution. The 4th Amendment says that a search can only be conducted with a warrant. If there is no warrant for the search it is unconstitutional unless it meets some very well defined exception to the warrant requirement.

Stay with me…

One of those exceptions is consent of the person to be searched. If consent is given, then the police do not need a warrant. Therefore a search with consent is legal.

But we are not done.

Information on Consent

The nature of the consent matters. The person subject to the search has to give consent freely, voluntarily, and intelligently. If the consent is not voluntary or made without knowledge of the right not to give consent, or the consequences of consent, then the consent is invalid.

Which brings us back to our DUI defendant. When the police request that the defendant take the breathalyzer, they have to give the defendant fair warning of the penalties of refusing the test. This is so that later on, when the case is in court and the state is trying to get the breath test into evidence, the government can say that the consent was intelligent and voluntary. If the police do not warn of the penalties of the refusal, then the consent to take the test is invalid.

Police Error

What has happened now with the new DUI law is that there are a bunch of new penalties and penalty structures for DUI and refusal. The police adapted their form they use to advise DUI suspects of their rights, but misstated the penalties.

Now there are a whole bunch of DUI and refusal cases whose outcome is in doubt. If only the police had consulted with the defense lawyers before they made the form….

Another time, we will discuss how the bad form affects refusal suspects.

Contact the Law Office of Jason Knight for your free consultation.

Rhode Island DUI Task Force to Crack Down This Holiday

This holiday season, Rhode Island State Police will be out in full force this holiday season in search of drunk drivers. Known as the Rhode Island DUI Task Force, this group is comprised of members of the state’s 39 police departments and state troopers. The holidays typically spark a noticeable increase in the number of drunk drivers on the roads, prompting an increased response from state officials. This task force has had a history of activity over holiday weekends such as Labor Day and Fourth of July, setting up sobriety checkpoints and making random stops.

How to Avoid a Holiday DUI

There are several things you can do to reduce your chances of being charged with a DUI this holiday season. The best and most effective way is to simply refrain from drinking and driving. If you plan on going out and drinking, make sure you have an alternate means of getting home. Bring a designated driver, call a taxi, or take a train home if you can.

If you have no way of getting home safely, simply stay where you are until you have sobered up enough to drive. Keeping your blood alcohol concentration (BAC) under control is crucial, as any driver operating a vehicle with a BAC of 0.08% or higher can be charged with DUI.

Ways to Control Your BAC

While it is not recommmended that you drive with alcohol in your system under any circumstances, you can reduce your chances of being charged with a DUI by taking certain steps to regulate your BAC.

The following methods can all be effective in keeping your BAC down:

  • Eating plenty of food while drinking
  • Refraining from chugging your drinks
  • Drinking one glass of water for every drink
  • Waiting a considerable amount of time after drinking

It is imperative to note, however, that these methods are not absolute and that every person reacts to alcohol differently. Your BAC will be influenced by your weight, gender, and rate of consumption. Commercially sold breathalyzers can be useful, though they should not be used as your sole method of determining sobriety. If a state trooper smells alcohol on your breath, you could find yourself in cuffs.

Arrested for DUI? Call (401) 354-2255!

If you should be arrested for DUI this holiday season, Attorney Jason Knight can provide a hard-hitting defense of your charges and maximize your chances of securing a desirable outcome for your case. Having served as a Rhode Island criminal defense lawyer for more than 10 years, he can use his invaluable experience to craft a custom-tailored defense aimed at securing a dismissal or reduction of your charges. To get started, contact his office online or request a complimentary consultation today!

The Legal Consequences of Multiple DUI Offenses

When it comes to driving under the influence, the road to redemption gets narrower with each offense. A first DUI might seem like a chance to course-correct, but what happens when you get a second DUI? That’s when the stakes become painfully real.

In Rhode Island, a second DUI conviction means serious consequences such as extended license suspension, increased monetary fines, mandatory alcohol treatment programs, and even minimum jail sentences. But the punishment doesn’t stop at court rulings—it seeps into every corner of your life, threatening your job, straining your relationships, and clouding your future with uncertainty.

Grappling with multiple DUI offenses can feel overwhelming. But it doesn’t have to be the end of your story. If you’re facing DUI charges for a second or even third time, the Law Office of Jason Knight is here to provide the guidance, defense, and compassion you need to reclaim control of your life. With years of experience and a deep understanding of Rhode Island’s legal system, Jason Knight is ready to fight for your future. Don’t wait—reach out today for a free case review, and let us help you turn this moment into an opportunity for change.

How Do Multiple DUI Offenses Impact Your Life?

In Rhode Island, the penalties for DUIs escalate with each subsequent offense. First-time offenders may face fines, license suspensions, and mandatory education programs, but the consequences become far graver for repeat offenders. A second DUI conviction often brings harsher penalties, including:

  • Longer license suspensions—losing driving privileges can mean months or even years off the road;
  • Steeper fines and fees—financial penalties increase significantly with each offense, adding to the burden;
  • Mandatory ignition interlock devices—these devices prevent a car from starting unless the driver passes a breathalyzer test;
  • Extended jail time—repeat DUI offenders may face mandatory incarceration, even for second offenses; and
  • Social Stigma—the long-term consequences of multiple DUI offenses can disrupt nearly every aspect of life, including career, personal relationships, and financial stability.

These escalating consequences can feel overwhelming, but you don’t have to navigate this alone. An experienced attorney like Jason Knight can evaluate your case, challenge the evidence, and work tirelessly to minimize the penalties and protect your future.

What Happens When You Get a Second DUI?

A second DUI conviction in Rhode Island triggers automatic penalties. Here’s a breakdown for each age group.

Under 18 Years of Age

For drivers under 18 with a blood alcohol content (BAC) of 0.08% or above, the penalties for a second DUI include the following:

  • Incarceration/fine—up to 1 year in prison and/or a $500 fine;
  • License suspension—suspended until the driver turns 21;
  • Mandatory education—completion of a special DUI course; and
  • Alcohol/drug treatment—rehabilitation required.

A second offense at this age can disrupt education, family relationships, and future opportunities.

Drivers Aged 18–21 Years

For drivers aged 18–21 with a BAC of 0.02%–0.08%, the penalties for a second DUI include:

  • License suspension—three to six months;
  • Community service—sixty hours;
  • Fine—$250;
  • Mandatory education—special DUI course;
  • Highway safety assessment—$300; and
  • Alcohol/drug treatment—rehabilitation required.

These penalties aim to emphasize accountability while creating opportunities for personal reform.

Drivers 21 Years and Older

For drivers aged 21 and over with a BACC of 0.08%–0.15%, penalties include the following:

  • Incarceration—10 days to one year in prison;
  • Fine—$400;
  • License suspension—one to two years;
  • Highway safety assessment—$500;
  • Ignition interlock—required for 1–2 years after the sentence; and
  • Alcohol/drug treatment—rehabilitation required.

The significant penalties reflect the state’s commitment to preventing repeat offenses and protecting public safety.

For drivers aged 21 and over with a BAC of 0.15% or above, penalties are even harsher and include:

  • Incarceration—six months to one year in prison;
  • Fine—$1,000;
  • License suspension—two years;
  • Highway safety assessment—$500; and
  • Alcohol/drug treatment—rehabilitation required.

For high BAC levels, these stricter penalties are designed to deter dangerous behaviors and protect lives.

What Are the Hidden Costs for Repeat DUI Offenders?

Financial penalties are only part of the story. For repeat DUI offenders, the ripple effects extend far beyond courtrooms and legal fees.

Employment and Professional Consequences

Having a DUI on your record can make it challenging to maintain or find employment, especially if your job involves driving or requires a clean criminal record. Professional licenses can also be at risk, and the stigma of multiple DUI offenses can damage reputations and career prospects.

Insurance Premium Hikes

Auto insurance premiums often skyrocket after a DUI conviction. Insurers may view repeat offenders as high-risk clients, leading to increased rates or outright denial of coverage.

Emotional and Personal Strain

The strain of facing legal battles, paying fines, and dealing with the stigma of repeat DUI offenses can take a significant emotional toll. Relationships with family and friends may suffer as well.

How Can the Law Office of Jason Knight Help?

As a former state prosecutor, Jason Knight brings a unique perspective to DUI cases. He understands the system and uses that knowledge to craft strong defenses for his clients. For example:

  • Challenging evidence. Asking questions like “Was the breathalyzer test administered correctly?” and “Were your rights violated during the arrest?” can form the foundation of a strong defense.
  • Negotiating plea deals. In some cases, reduced charges or alternative sentencing may be possible.
  • Advocating for treatment over punishment. Courts may be willing to consider treatment programs as an alternative to jail time, especially if you demonstrate a commitment to change.

Waiting to address DUI charges can limit your options. Early intervention by a skilled attorney can make a significant difference in the outcome of your case. With 17 years of experience and recognition in publications like The Boston Globe and Providence Journal, the Law Office of Jason Knight has a proven track record of helping clients navigate complex legal challenges. Contact us today for a free case review. With emergency appointments available 24/7, we are here to fight for your future.