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

Results: Case resolved with no criminal conviction resulting.

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.

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!