If you have been arrested for a second or third offense DUI, your freedom is at serious risk. You need to hire a top Rhode Island DUI lawyer now.
Under Rhode Island law, a second Drunk Driving conviction is considered a misdemeanor and carries with it mandatory jail, fines and license suspension. In a second-offense DUI if you take either a blood test or breathalyzer test and your BAC readings are over .15, you are looking at a mandatory 6 months at the ACI. If you're readings are over .08 or if you refused to take the breathalyzer test, you are looking at a mandatory 10 days at the ACI.
A third DUI offense charge in Rhode Island is a felony and motorists arrested for driving under the influence offense will be facing severe penalties including long jail time. A third offense DUI carries a mandatory jail sentence of one year and a maximum of 5 years. If your BAC is over .15, the minimum mandatory jail sentence is 3 years.
If you are arrested for a second or third offense DUI your freedom is at risk. You need a top DUI lawyer such as Michael Zarrella to help prevent you from going to jail. You need a DUI lawyer to fight for you, who understands all facets of Rhode Island DUI laws, and who will successfully challenge the State's case against you. There is no room for error in a second or third offense DUI case. Finding a way to avoid jail is greatly increased by having a top DUI lawyer. Whether it is a dismissal, a reduction of the charges or an agreement to serve home confinement, hiring a lawyer who uses the appropriate defense is critical.
A dismissal of the case is still possible in the situation where a motorist refused the breath test or failed the breath test. In fact, all is not lost in cases where a defendant fails a breath or blood test. There are many different ways for a motorist to have the results of his or her breath test suppressed in these scenarios. For a more detailed look of possible defenses used by Michael Zarrella please refer to "Beating the Breath Test" page.
A top DUI lawyer knows the many different defenses in drunk driving cases, whether you took a blood test, breath test or refused. You need a lawyer who will fight for you. A top DUI attorney knows that many cases can be dismissed or reduced to a lesser sentence based on evidence or lack thereof. An experienced DUI lawyer such as Michael Zarrella, studies the police reports, the videos at the station, the videos at the scenes and conducts a thorough investigation in order to develop appropriate and successful defense strategies.
DUI lawyer Michael Zarrella has been helping people with their DUI cases for over 27 years. His record of success has lead to numerous clients having their DUI charges dismissed or reduced to lesser charges. Many clients facing mandatory jail have avoided jail because of the defenses Attorney Zarrella has raised in court. Not every DUI can be dismissed or reduced but give yourself the best chance of victory and improving your situation by hiring Attorney Zarrella.
Second DUI within 5 years Penalties
In order for a DUI in Rhode Island to be considered a second offense, the DUI must occur within 5-years of a previous offense conviction. However, recent case law indicates that the second conviction must be within 5 years of the driver's conviction rather than the offense date. This may lead to motorists having their charges reduced to a first offense.
DUI-Second Offense (BAC Readings 0.08 to 0.15 or BAC Unknown)
- Mandatory 10 days in jail and up to 1 year in jail
- Suspension of your license from 1 year to 2 years
- Highway assessment fee of $500
- Fine of $400.00
- Mandatory alcohol treatment program
DUI-Second Offense (BAC Reading over 0.15)
- Mandatory Six months in jail and up to one year in jail
- Suspension of your license for 2 years
- Highway assessment fee of $500
- Fine of $1000
- Mandatory alcohol treatment program
Third DUI within 5 years Penalties
In order for a DUI in Rhode Island to be considered a third offense, the two prior DUI's must occur within 5-years of a previous offense conviction. However, recent case law may indicate that the third conviction must be within 5 years of the drivers convictions not offense date. This may lead to motorists having their charges reduced to a first offense or second offenses.
DUI-Third Offense (BAC Readings 0.08 and 0.15 or BAC Unknown)
- Mandatory 1 year in jail and up to 3 years in jail
- Suspension of your license from 2 year to 3 years
- Highway assessment fee of $500
- Fine of $400.00
- Mandatory alcohol treatment program
DUI-Third Offense (BAC Reading over 0.15)
- Mandatory three years in jail and up 5 years in jail
- Suspension of your license for 3 years to 5 years
- Highway assessment fee of $500
- Fine of $1000-$5000 dollars
- Mandatory alcohol treatment program
Home confinement and interlock
Even though second and third drunk driving offenses in Rhode Island require mandatory jail, a top DUI attorney can often get your sentence to be served on home confinement. In addition, your drunk driving attorney may be able to get you an interlock restricted license. This license permits a driver to drive his vehicle while having an interlock device installed. The interlock would often be in lieu of a straight license suspension. Additionally, this device allows people to drive as long as the interlock device is installed and maintained properly. By getting an interlock installed, many people have been able to save their jobs and to continue to perform the daily tasks without much interruption. Without an interlock system installed, you would have to serve a mandatory jail sentence if you are caught driving.