First Offense Driving Under the Influence
If you are arrested for a DUI in the State of Rhode Island, you need to hire a top DUI attorney. There are many defenses to DUI cases, and there are many different dispositions that can affect you now and/or in the future. Many people go into to court and plead guilty with the mistaken belief that they will get a better disposition. This could not be further from the truth. The best DUI lawyers will help you avoid license suspension, unnecessary probation and often will procure a DUI dismissal. Unfortunately, too many attorneys do not get the best DUI dispositions for their clients. They don't stand up to unfair judges and don't use the power of a de novo appeal to their advantage. A top DUI lawyer will alway start with the idea of obtaining a dismissal or a reduction in charges for their client and work down from there.
Whether a motorist refused the breath test or failed the breath test, a dismissal is always a possibility. In cases where a defendant fails a breath or blood test, all is not lost, there are many different ways for a motorist to have the results of his breath test suppressed. For a more detailed look of possible defenses go to my Beating the Breath Test page.
A Rhode Island DUI is criminal charge, so it is important that you do everything in your power to to avoid a conviction.
First Offense DUI within 5 years Penalties
The potential penalties for a First Offense DUI within in Rhode Island are different based upon what type of DUI you are charged with. All first offense DUI charges in Rhode Island carry a penalty of up to one year in jail, however there is no mandatory jail on a first offense. Also if you have a prior DUI but the conviction is over 5 years old, then your new DUI is a first offense.
Recently, the Rhode Island legislature has amended the DUI law, allowing for an interlock device to be installed in a motorist's car in order to reduce the license suspension time. The ignition interlock allows a motorist to have a limited license to operate a motor vehicle as part of a sentence on a DUI or chemical test refusal case. The ignition interlock license allows the motorist to operate his or her motor vehicle without restrictions as long as the vehicle driven has the interlock device installed. This provision allows a motorist with a first offense DUI or refusal to receive as low as a 30 day suspension followed by a period where the motorist may drive any time or anywhere so long as they have an interlock installed.
DUI-First Offense (BAC Readings 0.08 to 0.10)
- Up to one year in jail
- Suspension of your license from 1 month to 6 months, Interlock option: Thirty-day (30) license suspension followed by a ignition interlock system for three (3) months to one year.
- Highway assessment fee of $500
- Fine of $100.00 to $400.00
- Community Service from 10 hours to 60 hours
- Possible DUI school and/or alcohol treatment program
DUI-First Offense (BAC Readings 0.10 and 0.15 or BAC Unknown)
- Up to One Year in Jail
- Suspension of your license from 3 months to 12 months, Interlock option: Thirty-day (30) license suspension followed by a ignition interlock system for three (3) months to one year.
- Highway assessment fee of $500
- Fine of $100.00 to $400.00
- Community Service from 10 hours to 60 hours
- Mandatory DUI school and/or alcohol treatment program
DUI-First Offense (BAC Reading over 0.15)
- Up to One Year in Jail
- Suspension of your license from 3 months to 12 months, Interlock option: Thirty-day (30) license suspension followed by a ignition interlock system for three (3) months to one year.
- Highway assessment fee of $500
- Fine of $500
- Community Service from 20 hours to 60 hours
- Mandatory DUI school and/or alcohol treatment program