Coventry DUI Lawyer

Coventry DUI Attorney

When deciding on a Coventry DUI lawyer, it’s important that you find someone who is dedicated to fighting for your optimal outcome, all while treating you with respect and not as just another case.

At Ellison Law LLC, we believe in the importance of ensuring that we give our clients the focus and attention that they deserve. Our DUI clients can count on clear, honest communication from us, and we listen to what you need in these challenging circumstances.

As a criminal defense firm, we’ve taken on thousands of clients facing charges, many of them with DUI charges. We’ve learned a lot through our experience, and every new client benefits from that knowledge.

Whether negotiating for a plea deal, trying to minimize the impact of the situation on your life, or defending you in open court, we are dedicated to doing everything in our power for our clients to achieve an optimal outcome for their cases.

DUI Criteria in Rhode Island

A DUI is given when a driver’s ability to drive is impaired because of alcohol or a drug, but they operate their vehicle on the road anyway. These charges can be issued on the basis of a few different criteria. However, the primary reason is typically the negative results of a test of a driver’s blood alcohol concentration, or BAC.

When someone’s BAC exceeds the legal threshold, this is considered a “per se” DUI. This means that it is considered a DUI, regardless of whether the amount of alcohol was impeding the driver’s ability to control their vehicle safely or not.

The criteria for DUI charges are:

• A BAC level of .08% or higher
• A BAC level of .04% or higher when operating a commercial vehicle
• The presence of an illicit drug, marijuana, or another controlled substance
• Any amount of controlled substance or alcohol that is established as causing impairment

Penalties for a DUI Conviction in Rhode Island

The range of penalties for a DUI conviction is set by law, and a judge determines how to apply them to the situation. The possible penalties are decided based on whether the driver had any prior DUI convictions and what their BAC was at the time of the incident. When determining the number of multiple offenses, only the prior five years will be considered.

A first DUI offense is a misdemeanor charge and is penalized in the following ways:

• In circumstances where the BAC is unknown
  • Jail, up to a one-year sentence
  • License suspension between three months and one year
  • Community service for 10 to 60 hours
  • Various fines and fees
  • Mandatory completion of DUI school and/or alcohol counseling
• In circumstances where the BAC is between .08% and .10%
  • Jail, up to a one-year sentence
  • License suspension between one month and six months
  • Community service for 10 to 60 hours
  • Various fines and fees
  • Mandatory completion of DUI school and/or alcohol counseling
• In circumstances where the BAC is between .10% and .15%
  • Jail, up to a one-year sentence
  • License suspension between three months and one year
  • Community service for 10 to 60 hours
  • Various fines and fees
  • Mandatory completion of DUI school and/or alcohol counseling
• In circumstances where the BAC is over .15%
  • Jail, up to a one-year sentence
  • License suspension between three months and one year
  • Community service for 20 to 60 hours
  • Various fines and fees
  • Mandatory completion of DUI school and/or alcohol counseling

A second DUI offense is also a misdemeanor charge and is penalized with the following:

• In circumstances where the BAC is between .08% and .15%
  • Jail between ten days and one year
  • License suspension between one and two years
  • Installation of an ignition interlock system in your vehicle
  • Various fines and fees
  • Mandatory alcohol or drug treatment
• In circumstances where the BAC is between .08% and .15%
  • Jail between six months and one year
  • License suspension for two years
  • Installation of an ignition interlock system in your vehicle
  • Various fines and fees
  • Mandatory alcohol or drug treatment

A third DUI offense is a felony charge and is penalized by the following:

• In circumstances where the BAC is between .08% and .15%
  • Jail between one year and three years
  • License suspension between two and three years
  • Installation of an ignition interlock system in your vehicle
  • Various fines and fees
  • Mandatory alcohol or drug treatment
• In circumstances where the BAC is between .08% and .15%
  • Jail between three years and five years
  • License suspension for three years
  • Installation of an ignition interlock system in your vehicle
  • Various fines and fees
  • Mandatory alcohol or drug treatment

Penalties for a DUI Conviction Involving Serious Bodily Injury or Death

When the DUI has resulted in either a person’s serious bodily injury or death, the penalties will be significantly elevated. This is another situation where a look-back period of five years will be applied, and multiple offenses will result in greater penalties. For the injuries sustained to be considered serious bodily injuries, they must consist of one or more of the following:

• A substantial risk of death
• Serious disfigurement
• The protracted loss or impairment of a body part or organ

When a DUI results in serious bodily injury, it is a felony that is penalized in the following ways:

• First Offense
  • Prison for one to ten years
  • License revocation for two years
  • A fine of $1000-$5000
  • Possible probation
  • Substance abuse treatment enrollment
• Second Offense
  • Prison for two to fifteen years
  • License revocation for four years
  • A fine of $3000-$10,000
  • Possible probation
  • Substance abuse treatment enrollment

A DUI that results in someone’s death is also a felony charge. It is penalized in the following manners:

• First Offense
  • Prison for five to fifteen years
  • License revocation for five years
  • A fine of $5000-$10,000
  • Possible probation
  • Substance abuse treatment enrollment
• Second Offense
  • Prison for ten to twenty years
  • License revocation for five years
  • A fine of $10,000-$20,000
  • Possible probation
  • Substance abuse treatment enrollment

What a Coventry DUI Lawyer Does for DUI Clients

A Coventry DUI lawyer is responsible for ensuring that their clients are afforded every opportunity available to them to defend against the charges that they face. We do this through both representing you and advocating for you throughout the legal process. At Ellison Law LLC, we also believe that this means an emphasis on compassion, respect, and dignity.

Investigate the Circumstances of Your Arrest

Our process often begins with an investigation of your arrest and the circumstances that led to it. We look closely for anything that may constitute an error on the part of the officer involved. The procedure for the components of a DUI arrest include:

• Having a reason for initially pulling a driver over
• Correctly performing the field sobriety tests
• Informing a driver of their rights

These are all critical elements that need to be done according to the proper procedure. A failure to do so could result in evidence being ruled as inadmissible or even the entire case being dismissed.

Explore the Possibility of a Plea Deal

After looking at the full scope of the case, there may be some circumstances where the optimal choice may be a plea deal. If you believe that’s the case for you, and if the prosecution is interested in that route, then we are prepared to negotiate for the lightest impact deal that we can. There can be some incentive for busy prosecutors to want to lighten their workload somewhat, and that can lead to favorable negotiations.

Defend Their Client in a Court Trial

If a plea deal is not the pathway that’s going to make sense for you, then we can defend against the charges through the courts. This process begins in pre-trial hearings, where we may be able to challenge any evidence that could be inadmissible. Sometimes, it may be possible to even get the case thrown out, or the prosecution may withdraw the charges if key evidence is not admitted.

There is a good chance, though, that the case will need to go to trial. If so, we are prepared to make a thorough and strong defense on your behalf, including advocating for you in sentencing, should the court rule against us. We are dedicated to doing everything within our power to defend our clients.

Implied Consent in Rhode Island

Implied consent is a vital element in the process of establishing a DUI in Rhode Island. It is not necessary to have a BAC level to get a DUI conviction. However, the process can be much more challenging without one, as it involves clearly demonstrating impairment rather than the “per se” criteria of a BAC being above a particular threshold. The law has thus decided to create clear costs for refusing to take a chemical test to get a BAC.

Implied consent is the government’s solution to this issue. According to that principle, drivers have given their consent to take a BAC test upon request by virtue of making use of public roads. The law has also established the penalties that may be given if a driver refuses to take a test. Subsequent refusals will result in increased penalties.

For a first conviction for refusing to take a test, the penalties are:

• License suspension of six months to one year
• Community service for 10-60 hours
• A fine of $200-500
• Mandatory attendance at an intoxicated driving course

At a judge’s discretion, the license suspension could be substituted for a permit. This allows an individual to have limited driving privileges, with the installation of an ignition interlock system, for a period of time.

A second or subsequent offense will result in more significant penalties. A longer license suspension, larger fines, and increased community service time are all available options. Additionally, a jail sentence of up to six months could be issued for a second offense, and the jail term could be up to one year for each subsequent offense.

Although there are significant penalties for refusing to take a test, there may be times when it’s something that you may need to consider. However, it’s important that you speak with a lawyer, if possible, before refusing to take a chemical test.

Getting a DUI Charge Expunged or Sealed

In some cases, it’s possible to get a DUI expunged. It’s also possible to get it sealed as well. These are two slightly different legal processes, but both have the effect of removing the DUI from the public record in some form. There are, though, specific criteria involved, and a process that you need to follow accurately, to get the result you’re hoping for. Working with a criminal defense attorney who is experienced in the process, such as the one at Ellison Law LLC, can be critical to achieving your aim.

The criteria for being eligible to have a DUI sealed in Rhode Island are:

• You have faced DUI charges.
• The charges resulted in an acquittal, or you were exonerated in some form.
• The DUI charges were dismissed.
• You fully satisfied any court-ordered assessments, fines, or other requirements.

The criteria for being eligible to have a DUI expunged in Rhode Island are:

• It is a first-time misdemeanor DUI conviction.
• Five years have passed since the completion of your sentence.
• There have been no new convictions in the last five years and no charges pending.
• You exhibited good moral character.
• You fully satisfied any court-ordered assessments, fines, or other requirements.

A Coventry DUI Lawyer Can Help Defend Against DUI Charges

It can be frightening to face DUI charges and the serious consequences that they can bring. We understand that at Ellison Law LLC, and our firm is ready to do what we can to address the situation. We also want our clients to recognize that our core belief, that you need compassion and dignity in the situation, is what guides how we work for you.

There are a number of different outcomes that DUI charges could result in, and these cases often hinge on the nuances and complexities of the situation. Our experience in working with thousands of clients can benefit our current and future clients. We understand all the different directions that these cases can take, and our firm is prepared to handle them.

Ellison Law LLC has success in getting our clients quality plea deals and winning in court. We believe in being honest with you about the circumstances you’re facing and what options might be optimal for your situation. If you’re facing a DUI charge and are looking for a lawyer who can represent you and use every option in your defense, contact us today.