DUI Criminal Law.
Driving while under the influence of alcohol is illegal in every state in the United States. Drunk driving is generally defined as driving with a blood alcohol content of above .08 percent; however, for the driver of a commercial vehicle this number is usually limited to .04 percent. In addition, zero tolerance laws in many states do not allow teenage drivers to have even a trace of detectable alcohol in their systems. DUI charge can lead to the loss of a driver’s license, jail time, fines, community service or a host of other consequences. Understanding the laws and penalties associated with drunk driving can help you to avoid a violation or to proceed accordingly if a violation has already been issued.
Services:
Rego & Rego understands that you may be left with many questions about your Rhode Island DUI charge. Contact us if you or someone you love has been charged with drunk driving in the State of Rhode Island, Rego & Rego may be able to help. Do not stand idly by while your future is in jeopardy.
Convictions
For a first-time conviction, potential punishments include: Up to one year in jail, 10 to 60 hours of community service, a fine of up to $500, depending on blood alcohol content and other factors. Driver’s license suspension for 30 days to 18 months, depending on blood alcohol content.
A second DUI conviction within 5 years of the first can be penalized by up to 3 years in jail (or 5 years for a BAC of .15 or above), a fine of up to $400 (or $1,000 for a BAC of .15 or above). Driver’s license suspension for up to 2 year.s Required use of an ignition interlock device for up to 2 years. Required drug or alcohol treatment.
Penalties
If you are convicted of felony DUI with a blood alcohol content (BAC) of .08 to .15, you could face, a $400 fine 1 – 3 years in jail. Driver’s license suspension for 2 – 3 years. Mandatory alcohol treatment. A mandatory ignition interlock device in your vehicle for up to 2 years. If you are convicted of felony DUI with a BAC over .15, you may face penalties such as a fine of $1,000 – $5,000 3 – 5 years in jail. Driver’s license suspension for up to 3 years. The seizure and sale of your vehicle by the state.
Offense(s)
Rhode Island Penalties for Drunk Driving second and third (2nd & 3rd) offenses are very severe and include a substantial license loss and mandatory jail sentence.
Administrative License Revocation and DUI – Breathalyzer Refusal
Administrative License Revocation is the legal process through which your driver’s license can be suspended or revoked. You may have to submit to an ALR if you are convicted of driving with a blood alcohol content above .08, or if you refuse to submit to a Breathalyzer test after being pulled over on suspicion of drunk driving. The length of time for which your license is suspended will depend on your history of prior convictions and other factors.
The minimum lengths of suspension for each DUI conviction are: First DUI conviction: 45 days. Second DUI conviction: 1 year. Third DWI conviction: 2 years. Your license suspension or revocation may be longer if your blood alcohol content was above .15 or if other aggravating factors apply to your case. If you have been accused of drunk driving, you may lose your rights to drive for weeks, months, or even years.