First Offense DUI in Rhode Island

Being charged with a DUI can be a really difficult experience, even more so if this is the first time that this has happened to you. It’s normal to feel overwhelmed, stressed, confused and like you don’t really know how to tackle this situation. It is important that you understand how the legal process works, the potential penalties that you may face and to be aware of your rights. This article aims to address some of the basics of a DUI for somebody facing their first DUI offense in Rhode Island.

What does BAC mean in Rhode Island?

In Rhode Island, your current Blood Alcohol Content (BAC) is an estimation of how much alcohol is in your blood. If your current BAC is equal to or more than 0.08% while you were driving, you’re likely going to be charged with a DUI. However, even if you’re below the legal limit to drink, it is still possible for police officers to charge you with a DUI.

How can a police officer determine your BAC in Rhode Island?

When the police pull you over, the officers will offer you a Preliminary Breath Test (PBT) to determine your current BAC but this test is not as accurate as doing a chemical test like a breathalyzer test or a blood test.

Having said that, it’s important that you understand why you were pulled over and that the police officers may ask you to submit to different tests. These are called field sobriety tests.

How can the police officer determine that I was impaired while driving in Rhode Island?

Most of the time, the reason why a police officer pulls you over is because they notice an unusual driving pattern. A sober person is less likely to commit traffic violations than a person that is impaired. This is why the police do lots of traffic stops – many times, they are looking for impaired drivers.

Once the police officer pulls you over, they will ask you questions about what happened today, what did you do, if you had anything to drink and how much you drank. At the same time, they will ask you for your license and registration. They are trained to look for certain things as you follow their instructions.

While talking, the officer can notice things like slurred speech, alcohol smell or observe alcohol bottles in your car. If they think that you’re too impaired to drive, they will ask you to step out of your vehicle and will proceed to do several standardized field sobriety tests.

After that, they will likely ask you to submit to a PBT test. It is important that you know that most of the time, PBT results aren’t admissible on court because the results are unreliable but they’re reliable enough to give probable cause to the officers to charge you and arrest you.

What are some of the standardized field sobriety tests in Rhode Island?

In Rhode Island, some of the Standardized Field Sobriety Tests are tests approved by the National Highway Traffic Safety Administration (NHTSA) that the police officers use to help to determine if you are too impaired to drive.

These tests are:

• Walk-and-Turn Test: this test is designed to shift and challenge your attention between two different tasks, a physical test and listening to the officer’s instructions. In the test, you’re asked to walk in a straight line for nine steps, heel-to-toe, for nine steps with your arms to your sides. Once you finish the nine steps you turn around and walk back the same way.
• Horizontal Gaze Nystagmus Test: the test requires you put your arms to the sides while you’re still, including your head. The officer will grab an object, like a pen, and you have to follow it only with your eyes, without moving your head. The point of this test is to determine any involuntary eye movement.
• One-Leg Stand Test: this test requires that you elevate one of your feet while you count until the officer tells you to stop. The point is to multitask and assess if you can do a physical and mental test at the same time.

The field sobriety tests are designed to challenge you. All of your answers, how you say them, and how you are acting are taken into consideration to determine if you’re impaired or not. It is vital that you know that just because you failed one of these tests doesn’t mean that you were impaired.

There could be plenty of reasons of why you failed these tests and they aren’t necessarily connected to you being impaired with alcohol or drugs, such as, you have a medical issue, the officers instructions weren’t clear enough, the environment wasn’t ideal to do these tests, you were extremely nervous and it was hard for you to focus, etc.

Besides these 3 standardized tests, there are other tests that the officers may ask you to do that aren’t standardized like:

• Finger to Nose Test
• The Alphabet Test
• The Reverse Counting Test

Can I refuse to submit to a Standardized Field Sobriety Test in Rhode Island?

Yes, you can refuse to submit to a Standardized Field Sobriety Test in Rhode Island. There’s nothing preventing you from refusing. The officer likely will still ask you to submit to a PBT test. Refusing to do a PBT test will yield different consequences.

Even if you refuse to submit to a field sobriety test and a PBT test, the officers might have gathered enough information for probable cause and they might still try to charge you and arrest you for a DUI. Once you are in the station, they will likely request you submit to another chemical test: a Breathalyzer. If you refuse to do a Breathalyzer test you will face fines, community service and your license will likely be suspended.

We encourage you to read our articles about refusing to do a PBT test and refusing to do a Breathlyzer test because even though both tests sound similar, they’re done in different moments and refusing to do either (or both) will yield different and more severe consequences.

What other alcohol offenses are in Rhode Island?

There are plenty of other alcohol offenses that aren’t necessarily DUIs. Some of them are:

• Public Intoxication: this is when a person is found in a public setting intoxicated either by alcohol or by drugs. The person is usually causing a public disturbance and/or they show dangerous or violent behavior towards others/themselves. It is common that a person like this is charged with disorderly conduct. In this case the charge will be “drunk and disorderly conduct”.
• Minor in Possession of alcohol: in Rhode Island it is against the law for any person that is 21 years old or younger to have any type of alcoholic beverage. If a minor is found guilty besides the fines, community service and license suspension, they face a criminal charge that will potentially be on their record.
• Purchasing alcohol to Minors: in Rhode Island it is against the law to furnish or purchase alcoholic beverages to a person who is 21 years of age or younger.

How is a DUI trial done in Rhode Island?

In Rhode Island, a DUI trial follows the same pattern as a criminal trial but instead, it’s going to focus on whether you drove while you were under the influence of drugs or alcohol. The prosecutor has to prove:

1. You were driving
2. On a public road
3. While under the influence of alcohol or drugs which impaired your ability to drive

• Opening Statements: this is a chance for the prosecutor and the defense attorney to lay out and explain the evidence and some of the issues in the case.
• Direct examination of the police: the prosecution will call at least one police officer who conducted the arrest as a witness so they can testify about you. They will include information about why they stopped you, your general behavior and any type of remarkable observations.
• Cross Examination: once the prosecution’s witnesses have finished their testimony, the defense attorney will have the chance to cross examine to find holes in their statements. A skillful DUI attorney will be able to show defenses to the observations and remarks that the witness made.
• Defense Evidence: the defense has an opportunity to present evidence on your behalf. This could be sobriety witnesses, expert witnesses, or you could potentially testify, etc.
• Closing Arguments: both the prosecutor and the defense attorney will have the chance to do their closing arguments. The prosecution will try to demonstrate why the defendant was under the influence while the defense will try to show the prosecution did not prove their case beyond a reasonable doubt.

We highly recommend you to read our article about How Does a DUI Trial Look in Rhode Island, where we go into much more detail about how most DUI cases are during a trial and what you can expect.

What is Implied Consent in Rhode Island?

In Rhode Island, Implied Consent means that a person who has a driver’s license has given their consent to submit to a chemical test in order to drive. If the person refuses to submit to a chemical test, then the person will likely face sanctions to their license. It is important that you’re aware of this because it’s not always ideal to submit to a chemical test.

How do you expunge a DUI in Rhode Island?

In Rhode Island, an expungement is done after the case is over. Depending on the results you will need either a Motion/Request to Seal or a Motion to Expunge.

You will most likely need to Seal a case when you were found not guilty or acquitted of the DUI charge or it was dismissed.

Instead, if you were convicted with a DUI, you will likely need to file a Motion to Expunge once you are eligible for expungement.

We highly suggest you consult with an experienced criminal defense attorney, like the attorneys at Ellison Law LLC, so they can help you navigate the expungement process.

How can I handle the stress of a DUI charge in Rhode Island?

We understand that getting a DUI can be a really tough experience, more so if it’s the first time that you are not only pulled over by the police but also getting a charge. It’s normal that your emotions are all over the place and you find it difficult to focus and concentrate.

There are many practical exercises that you can do to reduce the stress of having a DUI:

• Don’t be hard on yourself: sometimes it is very easy to fall into the trap of beating yourself up for the mistakes that you made. Instead, it’s better to remember that eventually this will have a conclusion and there are things you can do about it. If you feel that you cannot shake the shame and negative feelings, it’s a good idea to seek out a therapist that can help you process those negative thoughts and feelings.
• Be honest with your attorney: if you’re having a really hard time, it’s a good idea to open up and talk with your lawyer about this. Their years of work and experience will enable them to suggest the best options, like counseling, so you can live a better and happier life.
• Work with your attorney: it’s important you’re aware that the charges aren’t going to disappear in days or weeks. Most likely, this is going to take months of hard work to get the best outcome possible. It is important that you have these conversations with your lawyer so you’re not surprised on how long it takes, how the process is, the discovery process, the evidence process and the potential penalties.
• Practice self-care: it’s important that you take care of yourself physically, emotionally and mentally. You should do some activities that will reduce your anxiety levels like going outside or meditating while you have the support of your family or loved ones.

Hire a Professional DUI Attorney in Rhode Island

We understand that this is a very difficult time and you’re having a mix of negative feelings and shame while you’re terrified because you’re being criminally charged and you don’t know what to do. We encourage you to hire DUI attorneys who are skilled in the legal system.

The DUI defense attorneys at Ellison Law LLC are here to help you as much as we can with your criminal and DUI charges while supporting you in this difficult moment of your life. You can contact us by filling out our form or by directly calling us at 401-230-5520 to schedule a consultation for legal representation.