Cranston, RI DUI Lawyer

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Cranston, RI DUI Attorney

Driving under the influence can result in some significant penalties. The law and courts treat these offenses seriously. When faced with these kinds of consequences and the impact that they could have on your life, it is important that you have an experienced Cranston DUI lawyer representing you. Having the right lawyer can be the difference between facing the harshest penalties or significantly reduced penalties, if any.

Our team at Ellison Law LLC has significant experience defending even the most challenging DUI cases. We understand what it takes to put forth a strong defense for our clients. In situations where a plea deal may make sense, we know how to negotiate a strong deal on your behalf. DUI convictions are serious, but we may be able to help.

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DUI Charges in Cranston, Rhode Island

DUI charges can be given on the basis of a few different criteria. However, most often, the primary element is a person’s blood alcohol concentration or BAC. These tests are administered when officers have a good reason to suspect that someone is driving under the influence, and the results can result in DUI charges if they are above a particular threshold. The higher the BAC, the more serious the penalties that are awarded.

Rhode Island is an implied consent state, which means that drivers are considered to have implicitly already consented to take a BAC test if they are asked to do so by virtue of driving on the roads. This means that not taking a test may be a violation of the law and can result in charges, which can include a lengthy license suspension. Refusal to take a BAC test also does not guarantee avoiding a DUI conviction.

When a driver’s BAC is above a certain threshold, it is a “per se” DUI. This means that it does not matter if the driver showed any specific signs of having been impaired. Merely being above that mark is considered to be an impairment. There are other ways a DUI may be charged and convicted that do not necessarily require a BAC to have been recorded or be above a particular level.

Common violations that could result in DUI charges include:

  • A BAC of 0.08% or greater
  • When operating a commercial vehicle, a BAC of 0.04% or greater
  • Any presence of marijuana, illicit drugs, or other controlled substances in a person’s system
  • Alcohol or a controlled substance, of any amount, causing impairment in someone’s driving ability

DUI charges carry significant penalties that can include some mix of fines, community service, license suspension, or even a jail or prison sentence. It is critical that anyone facing these charges have a Cranston DUI lawyer to represent them. We investigate your case and help you defend against the charges, seek to get them dismissed, or negotiate a plea deal if that is the better option.

Cranston, RI DUI Law FAQs

Q: What Should I Do if I’m Arrested on DUI Charges?

A: If you are arrested on DUI charges in Cranston, RI, it is important to avoid doing anything that could make your situation worse. In particular, you should try to stay calm and not say anything that could later be used against you. You are going to be better off allowing the legal process to unfold. It is also important to contact a lawyer as soon as possible. Your DUI lawyer can help you avoid saying something that you shouldn’t and can begin to work on your defense.

Q: What Factors Could Lead to Harsher Penalties for a DUI?

A: There are a few different factors that could lead to harsher penalties. One of these is the Blood Alcohol Concentration, or BAC, that the driver has according to a chemical test. Penalties in Rhode Island are tiered based on BAC level, with higher tiers carrying harsher penalties.

Another factor leading to stiffer penalties is if the driver had any previous DUI convictions in the prior five years. Penalties will be more significant in the case of multiple offenses. Additionally, penalties are most severe if the DUI charge is determined to have caused someone severe bodily injury or death.

Q: Can a DUI Charge Be Sealed?

A: A DUI charge can be sealed in Rhode Island as long as the situation fits certain parameters. To get these charges sealed, you cannot have been convicted but will need to have been acquitted, the charges dismissed, or otherwise exonerated. You will also need to have fully satisfied any conditions that the court imposed, as well as paid any fees or completed any assessments.

You will likely have a better chance at successfully petitioning the court to have charges sealed if you work with an experienced Rhode Island DUI lawyer.

Q: Can Breathalyzer Test Results Be Challenged?

A: Breathalyzer test results can be challenged. Although it is not common, there are times when the results of a breathalyzer test could be deemed inadmissible. It may be possible to challenge the validity or reliability of the test in court as well. Although the tests are generally thought to be reliable, the machines involved need to be properly calibrated, and the tests need to be administered properly. Failure to follow any of these could be grounds to challenge the results of the test.

A Cranston DUI Lawyer That Can Help

A DUI conviction can cause tremendous issues. The penalties can often be disruptive, even in the case of first-time convictions. There is a possibility of jail or prison time, particularly for multiple DUIs or those that involve serious injury. Even a license suspension of a few months could put someone’s employment and financial well-being at risk. It is vital to have a Cranston DUI lawyer who can help minimize the penalties and impact that you face, if not avoid them altogether.

Ellison Law LLC has extensive experience helping those who have been charged with DUIs. Whether negotiating a plea deal or making your case in court, we understand what strong representation for these charges looks like. Our clients are always treated with dignity and respect, as we understand how stressful these situations can be. To speak with us about how we may be able to help with your situation, contact our team today.

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