Aggressive Defense Against DUI Charges in Rhode Island
In Rhode Island, adults 21 years or older can be charged with driving under the influence (DUI) if their blood alcohol concentration (BAC) is .08 or higher. Being charged with DUI is a serious offense, as it can expose a person to the possibility of jail time, expensive fines, and a lengthy driver’s license suspension. If you have been arrested on DUI charges in Rhode Island, a Providence DUI attorney from the Law Office of Jason Knight can defend you against your charges and advocate for a desirable outcome.
Call the Law Office of Jason Knight today at (401) 354-2255 or contact us online to schedule a meeting with our DUI attorney in Providence!
Why Choose Us?
- Former Prosecutor Fighting for You
- Thousands of Criminal Defense Cases Handled
- 24/7 Availability & Affordable Rates
- Free Case Review to Evaluate Your Options
Being charged with any crime can be a frightening experience, especially if you have never been arrested in the past. At the Law Office of Jason Knight, our Rhode Island DUI lawyer understands the severity of your situation and is prepared to stand by your side during this difficult time. Many studies have shown chemical tests to be notoriously flawed and inaccurate in gauging a driver’s actual level of intoxication.
Rhode Island DUI Penalties
A conviction for DUI can bring a variety of serious consequences. The severity of these penalties will vary depending on a number of factors, including your prior arrest record, level of intoxication at the time of your arrest, and whether or not a collision was caused that led to another person’s death.
First-time DUI offenders may see the following penalties:
- Up to $500 in fines
- Maximum sentence of up to 1 year in jail
- 10-60 hours of community service
- Up to 18 months of driver’s license suspension
- Completion of Driving school and/or an alcohol treatment program
Second-time DUI offenders may see the following penalties:
- Up to 1 year of jail time
- Fines up to $1,000
- 1-2 years license suspension
- Required Ignition Interlock Device (IDD)
Third-time DUI offenders may see the following penalties:
- 1-5 years of jail time
- Fines up to $5,000
- 2 years minimum license suspension
- Required Ignition Interlock Device (IDD)
Second and third offenses will carry more serious penalties, including up to 5 years in jail, fines up to $5,000, and a minimum 2-year license suspension. In addition, you may be required to have an ignition interlock device (IID) installed in your vehicle. If you refused to take a breathalyzer, you could be looking at a 6-month suspension of your license, up to 60 hours of community service, and up to $500 in fines. In addition to the legal penalties, you may also face increased insurance premiums or even the possibility of being denied coverage. This could virtually end your ability to drive and may even jeopardize your career if your job depends on having a valid license.
A DUI charge can have serious consequences. You need a skilled Rhode Island DUI lawyer to protect your future. Call (401) 354-2255 or contact us online for a FREE consultation today.
Understanding the DUI Process: What to Expect
Navigating the legal system after a DUI charge can be overwhelming. At the Law Office of Jason Knight, we believe that knowledge is power. Understanding the DUI process can help alleviate some of the anxiety and uncertainty you may be feeling. Here’s a brief overview of what you can expect:
- Initial Arrest: After a DUI arrest, you will be taken into custody and booked. It’s crucial to remain calm and remember that you have the right to an attorney.
- License Suspension: In Rhode Island, your driver’s license may be suspended immediately after your arrest. We can help you navigate the administrative hearing process to potentially retain your driving privileges.
- Court Appearance: You will be required to appear in court. During this time, your attorney will represent you and present your case, aiming for the best possible outcome.
- Plea Bargaining: Depending on the circumstances, we may negotiate a plea deal that could reduce your charges or penalties, allowing you to move forward with your life.
- Trial: If a plea bargain isn’t suitable, your case may go to trial. Our experienced legal team will prepare a robust defense to challenge the prosecution’s case against you.
Each case is unique, and having a knowledgeable attorney by your side can make all the difference. We are here to guide you through every step of the process, ensuring you understand your options and rights.
Common Defenses Against DUI Charges
The penalties mentioned above are serious. They include hefty fines, prison sentences, and license suspension. If you have been arrested, there are several defenses you may be able to use for your case. Jason can investigate your situation to gather evidence, and we can use effective legal strategies as you pursue a favorable outcome.
Common legal defenses to DUI charges include:
- Lack of reasonable suspicion
- Failure to read Miranda warnings
- Unreliability of breath and chemical tests
- Unreliability of field sobriety tests
By law, police must have reasonable suspicion before pulling over a driver.
Reasonable suspicion refers to the reasonable belief that a crime has been, or is about to be, committed by the driver. For example, if you are swerving within your lane, speeding, driving recklessly, or violating traffic laws, a police officer has reasonable suspicion to pull you over. However, if a police officer pulls you over at random and gives no explanation of reasonable suspicion, you can use this as a possible defense against your arrest.
Miranda warnings, such as the right to remain silent and to hire legal counsel, must be given to defendants. If the police officer fails to read you the Miranda warnings or does so incorrectly, anything you say in an interrogation cannot be used against you in court. If you admit guilt to a police officer who did not properly deliver your Miranda warnings, your statements may be excluded from the trial.
Contact Our Providence DUI Lawyer Today
At the Law Office of Jason Knight, we provide diligent legal services to clients in Rhode Island. Facing charges of a DUI can be stressful, and a conviction can lead to severe consequences. At our firm, we have successfully guided numerous clients through the Rhode Island criminal law system.
As a former prosecutor, our firm’s RI DUI attorney knows how to challenge DUI charges and can use his invaluable insight to counter the opposition’s strategy. We can walk you through the process and provide our cutting-edge defense against all DUI-related charges.
Protecting your rights is of utmost importance to us, and we are prepared to go the distance in the pursuit of a reduction or dismissal of your charges.
Unreliability of Field Sobriety Tests
Field sobriety tests are used to determine a driver’s level of intoxication. However, studies done by the National Highway Traffic Safety Administration (NHTSA), the agency that regulates the field sobriety testing procedures, found that these tests are not very reliable. Some field sobriety tests (not endorsed by the NHTSA) include counting backward, picking up an object, and reciting the alphabet. These tests lack scientific backing and cannot accurately determine a driver’s impairment.
Common field sobriety tests, certified by the NHTSA, include:
- The one-leg stand test
- The walk-and-turn test
- The Horizontal Gaze Nystagmus test (HGN)
Studies have revealed that, for drivers with a BAC over .10%, the one-leg stand test is only about 65% accurate. Furthermore, the walk-and-turn test is only about 68% accurate, and the HGN test is only about 77% accurate. If the officer was not properly trained to administer the field sobriety test or did not follow proper procedure, you may be able to use this as a defense to your case.
We can work to challenge the evidence presented against you, including field sobriety tests, chemical tests, and more. With our zealous advocacy and uncompromising dedication to preserving your well-being, we can answer any questions you may have and help you rest easy knowing your case is in good hands. Our office is located in Providence, but we serve clients throughout Rhode Island.
Unreliability of Breath & Chemical Tests
Breath and chemical tests are often administered to a defendant soon after an arrest. These tests, which may be breath, blood, and urine-based, are used to determine the weight of alcohol in a driver’s bloodstream (known as the BAC). However, several factors may render a breath or chemical test inadmissible in court.
In order to be admissible in court, a breath or chemical test must:
- Include 2 complete samples
- Be given within 15 minutes, and
- Have at least .02% agreement between the 2 samples
Furthermore, the breathalyzer machine must comply with the Department of Health regulations. The breath test operator must also have been certified within 1 year of the test. In addition, the result of the test must be mailed to the defendant within 72 hours of the test. Under Rhode Island law, police officers are required to observe the driver for at least 15 minutes before administering breath or chemical tests.
If the officer who pulled you over failed to follow correct procedure, or there were other problems with the breath or chemical test (such as mishandling or improper administration), our Providence DUI lawyer can use these facts to build your case. We can work hard to determine effective defense strategies and uphold your constitutional rights in court.
Contact the Law Office of Jason Knight online or call (401) 354-2255 today to schedule a FREE consultation with our Rhode Island DUI lawyer!