North Kingstown DUI Lawyer

North Kingstown DUI Attorney

When faced with DUI charges, it’s important to realize that you are facing criminal charges that can carry serious penalties. It’s imperative, then, that you also take your representation through the process seriously by working with a North Kingstown DUI lawyer you can trust and rely on. You need a passionate criminal defense lawyer who can ensure that those charged with a crime get every legal and viable opportunity to defend themselves.

At Ellison Law LLC, we deeply believe that those who are accused of a crime should have a strong defense on their behalf. We passionately believe that our clients deserve respect and dignity throughout the process. They deserve to be treated honestly and fairly by everyone involved in the legal system.

As a criminal defense firm, we’ve helped thousands of clients seek the dismissal of their charges, fight their accusations in court, or negotiate a plea deal, which can minimize the impact of a conviction on their lives as much as possible. We bring that experience and understanding to every new DUI client we work with.

What Does a North Kingstown DUI Lawyer Do?

A DUI lawyer is responsible for acting as a representative and an advocate for their clients throughout the legal process. At Ellison Law LLC, we take this responsibility seriously.

We’ve had a passion for criminal defense since law school, and believe that performing the job properly requires care and respect for our clients. That’s why we consider good communication with those who trust us to be a critical part of our job.

Help Their Client Understand Their Situation

Throughout the process, you can expect us to be available for any questions and concerns you might have. We can also proactively try to make sure that you understand where your case stands and what could happen moving forward.

We believe it’s the duty of a lawyer to be honest with their clients. Our firm works to make sure that they are mentally prepared for what may happen and where their case may go.

Investigate Their Client’s Arrest

The process of defending you is built on a foundation of understanding your case. This means that we need to conduct a thorough investigation of the situation of your arrest. A DUI arrest is a detailed process, and any failure to closely adhere to this procedure could mean that the evidence gathered against you should not be admissible in court.

We can carefully examine the footage and evidence available to determine if we can recognize any mistake on the part of the arresting officer in your case.

Engage in Pre-Trial Procedures

Before we get to an actual trial, there are a few other critical parts of the process that will occur. One of these is a pre-trial hearing. We have the opportunity to seek a dismissal of the case if there are good grounds on which to do so.

We also have the opportunity to challenge the admissibility of any improperly collected or suspect evidence. This could negatively impact the prosecution’s case, and it can occasionally lead to them dropping the charges before going to trial.

Potentially Negotiate a Plea Deal

After looking at the scope of what you are facing and the evidence that will be presented against you, there is a possibility that you may be interested in a plea deal if the right option is presented.

The prosecution may be dealing with a significant caseload, and one way to make that more manageable is to avoid a trial with a plea deal. If a plea is the right option for you, then we can negotiate for the strongest agreement on your behalf that is possible.

Represent Their Client in Court

The case may, though, go to trial if no other option is the right fit. If that’s the case, we can use our experience in many different criminal defense cases to put forth the strongest argument that we can on your behalf. We can challenge the prosecution’s case and create reasonable doubt in the mind of the court regarding your guilt.

What Is a DUI in Rhode Island?

In most situations, a DUI will be charged as a result of a driver’s blood alcohol content, or BAC. This is typically assessed through a chemical test. Most frequently, the test is done with a breathalyzer machine at the police station, as these devices are regularly calibrated and inspected by the Department of Health.

However, it’s worth recognizing that BAC is not the only way a DUI is assessed. Rather, any impairment in the operation of a motor vehicle as a result of a drug or alcohol can lead to DUI charges. The criteria for a DUI in Rhode Island are:

• A BAC registering at 0.08% or higher
• A BAC registering at 0.04% or higher when operating a commercial vehicle
• Having any amount of illegal drugs, marijuana, or other controlled substances in your system
• Any impairment as a result of alcohol or drugs

What Are the Penalties for a North Kingstown DUI Conviction?

Rhode Island’s DUI penalties are set through a range of potential punishments as established by law, although the court will make a final decision on the precise penalty that is given. Generally, the penalties of a DUI conviction increase based on the driver’s BAC content.

Whether it is a driver’s first conviction or if they have any prior convictions within the last five years will also be a critical determinant in the sentencing.

If a driver is convicted of a first offense, it’s a misdemeanor that results in the following penalties based on BAC:

• When the BAC is unknown:
  • As much as one year in jail
  • A three-month to twelve-month license suspension
  • 10 to 60 hours of community service
  • Fines and court fees
  • Enrollment in DUI school and/or alcohol or drug counseling
• When the BAC is between .08% and .10%:
  • As much as one year in jail
  • A one-month to six-month license suspension
  • 10 to 60 hours of community service
  • Fines and court fees
  • Enrollment in DUI school and/or alcohol or drug counseling
• When the BAC is between .10% and .15%:
  • As much as one year in jail
  • A three-month to twelve-month license suspension
  • 10 to 60 hours of community service
  • Fines and court fees
  • Enrollment in DUI school and/or alcohol or drug counseling
• When the BAC is over .15%:
  • As much as one year in jail
  • A three-month to twelve-month license suspension
  • 20 to 60 hours of community service
  • Fines and court fees
  • Enrollment in DUI school and/or alcohol or drug counseling

If a driver is convicted of a second offense within five years, it’s a misdemeanor that results in the following penalties based on BAC:

• When the BAC is between .08% and .15%:
  • Between ten days and one year in jail
  • A one-year to two-year license suspension
  • Fines and court fees
  • Installation of an ignition interlock system in your vehicle
  • Mandated alcohol or drug treatment
• When the BAC is over .15%:
  • Between six months and one year in jail
  • A two-year license suspension
  • Fines and court fees
  • Installation of an ignition interlock system in your vehicle
  • Mandated alcohol or drug treatment

If a driver is convicted of a third offense within five years, it’s a felony that results in the following penalties based on BAC:

• When the BAC is between .08% and .15%:
  • Between one year and three years in jail
  • A two-year to three-year license suspension
  • Fines and court fees
  • Installation of an ignition interlock system in your vehicle
  • Mandated alcohol or drug treatment
• When the BAC is over .15%:
  • Between three years and five years in jail
  • A three-year license suspension
  • Fines and court fees
  • Installation of an ignition interlock system in your vehicle
  • Mandated alcohol or drug treatment

What Are the Penalties When a DUI Results in Serious Bodily Injury or Death?

There are some situations when a DUI is charged alongside an accident that resulted in serious bodily injury or death. When this happens, the penalties that are given are significantly greater than those in a standard DUI. For the purposes of sentencing, an injury that is considered to be a serious bodily injury must result in one or more of the following:

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

For a DUI resulting in serious bodily injury, the charge is a felony, and a conviction results in the following penalties:

• If it is a first conviction:
  • Between one and ten years in prison
  • A two-year driver’s license revocation
  • A fine of between $1000 and $5000
  • Possible probation
  • Required enrollment in substance abuse treatment
• If it is a second conviction within five years:
  • Between two and fifteen years in prison
  • A two-year driver’s license revocation
  • A fine of between $3000 and $10,000
  • Possible probation
  • Required enrollment in substance abuse treatment

For a DUI resulting in death, the charge is a felony, and a conviction results in these penalties:

• If it is a first conviction:
  • Between five and fifteen years in prison
  • A five-year driver’s license revocation
  • A fine of between $5000 and $10,000
  • Possible probation
  • Required enrollment in substance abuse treatment
• If it is a second conviction within five years:
  • Between ten and twenty years in prison
  • A five-year driver’s license revocation
  • A fine of between $10,000 and $20,000
  • Possible probation
  • Required enrollment in substance abuse treatment

What Happens If You Refuse to Take a BAC Test?

Rhode Island is an implied consent state. What this means is that you are, under the law, considered to have already given your consent to take a chemical BAC test by virtue of your use of the roads. You cannot legally refuse to take a test. Doing so can result in significant penalties.

A first offense for a refusal to take a BAC test results in these penalties:

• A license suspension of six months to one year
• Community service time between 10 and 60 hours
• A fine of between $200 and $500
• Mandated completion of a course on intoxicated driving

At a judge’s discretion, the license suspension may be replaced with limited driving permission and the installation of an ignition interlock system in your vehicle.

A second offense for refusing to take a BAC test results in the following penalties:

• Six months in jail for a second offense and one year for any subsequent offenses
• A longer license suspension
• Additional community service time
• Larger fines
• Mandated completion of a course on intoxicated driving

The license suspension may be replaced with a limited driving permit and the installation of an ignition interlock system in your vehicle if the judge decides to do so.

It’s worth noting that refusing to take a test may make a conviction more challenging for the prosecution. However, if they are still able to show some level of impairment in a defendant’s driving, they still may succeed in getting a conviction. If possible, though, it’s wise to speak with a criminal defense lawyer before taking a test.

Address Your DUI Charges With the Help of an Experienced North Kingstown DUI Lawyer

DUI charges can have serious consequences, and facing the risk of a conviction can weigh heavily on a person. If you find yourself in this situation, you want to make sure that you don’t settle for average, overworked, and possibly disinterested legal help. You want to have someone who is passionate about criminal defense and able to give your case the attention that you deserve.

At Ellison Law LLC, we have that passion for criminal defense. That’s why we’ve defended thousands of clients over the years, including many different DUI cases.

We bring our mix of passion and experience, along with a genuine concern for our clients as people, to each case we take. We deeply believe that just because someone is facing criminal charges, it doesn’t mean that they don’t deserve dignity, respect, and compassion.

Our clients can count on good communication and listening on our part as we help them navigate the legal process. While the charges will need to be confronted, there are also some options that may be available to you.

Whether your case involves a negotiated plea deal, seeking the dismissal of the charges, or confronting them in court, we can make sure that you understand the full scope of what we can pursue and how that might impact you. If you want honest, passionate help in defending against DUI charges, contact us today.