Portsmouth DUI Lawyer

Portsmouth DUI Attorney

The law takes DUI charges very seriously. A conviction can result in stiff penalties, and the impact can be substantially disruptive to your life. It’s important that, if you’re faced with these charges, you have a Portsmouth DUI lawyer you can count on.

There are often some options available to defend against these charges, and working with an experienced lawyer can be critical to ensuring that they are all considered for your case.

At Ellison Law LLC, we have an extensive background defending clients who are facing DUI charges. We’ve had success in negotiating a plea deal that worked for our clients, getting charges dismissed before trial, and winning in court.

If you’ve been charged with a DUI, we make it our mission to listen and really hear what you need through the process. DUI charges are complex, so it’s critical that you work with a criminal defense attorney who understands the nuance of these situations and the law.

Criteria for DUI in Portsmouth

DUI charges can be filed under a few different criteria, but they all have to do with the impact of an intoxicant in someone’s system, which then affects their ability to use a vehicle. The most familiar form of DUI charges are those involving a person’s blood alcohol content, or BAC.

These are considered “per se” DUI charges, which means that a person is deemed to be under the influence by virtue of their BAC, regardless of the level of impairment to their driving ability. The criteria for DUI charges in Portsmouth, RI include:

• A BAC of .08% or higher
• A BAC of .04% or higher for anyone who is operating a commercial vehicle
• Driving impaired by the influence of any amount of alcohol, drug, or controlled substance
• Driving with any amount of illicit drugs, marijuana, or other controlled substances in your system

Rhode Island’s Penalties for a DUI Conviction

Rhode Island has stiff penalties for DUI charges, although the court does have some ability to decide the penalty within the range that the law establishes. One of the most critical actions that a lawyer does is advocate for lighter sentencing for those convicted of a DUI.

The penalty guidelines are determined on the basis of the level of BAC involved and whether it is a first or multiple conviction within the last five years.

A first conviction may result in a misdemeanor with the following penalties:

• For a Conviction With an Unknown BAC:
  • Up to one year in jail
  • A license suspension of between three and twelve months
  • Fines and fees
  • 10 to 60 hours of community service
  • Enrollment in DUI school and/or alcohol counseling
• For a Conviction With a BAC Between .08% and .10%:
  • Up to one year in jail
  • A license suspension of between one and six months
  • Fines and fees
  • 10 to 60 hours of community service
  • Enrollment in DUI school and/or alcohol counseling
• For a Conviction With a BAC Between .10% and .15%:
  • Up to one year in jail
  • A license suspension of between three and twelve months
  • Fines and fees
  • 10 to 60 hours of community service
  • Enrollment in DUI school and/or alcohol counseling
• For a Conviction With a BAC Over .15%:
  • Up to one year in jail
  • A license suspension of between three and twelve months
  • Fines and fees
  • 20 to 60 hours of community service
  • Enrollment in DUI school and/or alcohol counseling

A second conviction within five years may result in a misdemeanor with the following penalties:

• For a Conviction With a BAC Between .08% and .15%:
  • A minimum of 10 days in jail and up to one year
  • A license suspension of between one and two years
  • Fines and fees
  • Installation of an ignition interlock system in your vehicle
  • Alcohol or drug treatment
• For a Conviction With a BAC Over .15%:
  • A minimum of 6 months in jail and up to one year
  • A license suspension of two years
  • Fines and fees
  • Installation of an ignition interlock system in your vehicle
  • Alcohol or drug treatment

A third conviction within five years may result in a felony conviction with the following penalties:

• For a Conviction With a BAC Between .08% and .15%:
  • A minimum of one year and up to three years in jail
  • A license suspension of between two and three years
  • Fines and fees
  • Installation of an ignition interlock system in your vehicle
  • Alcohol or drug treatment
• For a Conviction With a BAC Over .15%:
  • A minimum of three years and up to five years in jail
  • A license suspension of three years
  • Fines and fees
  • Installation of an ignition interlock system in your vehicle
  • Alcohol or drug treatment

Penalties for a DUI Involving Serious Bodily Injury or Death

When the DUI causes an accident that involves a victim suffering serious bodily injury or death, the penalties will be even more significant. To be considered a serious bodily injury, it must have:

• Created a substantial risk of death
• Caused the protracted loss or impairment of the function of any body part or organ
• Caused serious physical disfigurement

The penalties for a DUI with serious bodily injury will increase if there is a second conviction within five years. They are felony charges that carry these penalties:

• For a first conviction:
  • A prison sentence of one to ten years.
  • Possible probation
  • A two-year driver’s license revocation
  • A fine of $1000 to $5000
  • Enrollment in substance abuse treatment
• For a second conviction within five years:
  • A prison sentence of two to fifteen years.
  • Possible probation
  • A four-year driver’s license revocation
  • A fine of $3000 to $10000
  • Enrollment in substance abuse treatment

A DUI that results in death will also lead to felony charges that carry these penalties:

• For a first conviction:
  • A prison sentence of five to fifteen years
  • Possible probation
  • A five-year driver’s license revocation
  • A fine of $5000 to $10,000
  • Enrollment in substance abuse treatment
• For a second conviction within five years:
  • A prison sentence of ten to twenty years.
  • Possible probation
  • A five-year driver’s license revocation
  • A fine of $10,000 to $20,000
  • Enrollment in substance abuse treatment

How DUI Charges Are Filed in Rhode Island

Most DUI charges begin with an officer pulling someone over because of a traffic violation or a general lack of ability to control their vehicle. They may see a vehicle moving at unusual speeds or weaving uncontrollably across lanes.

If they notice that there are signs of intoxication, such as the smell of alcohol, slurred speech, or general disorientation, they will likely conduct a field sobriety test.

The National Highway Safety Administration has approved three standardized field sobriety tests, which an officer could choose to conduct:

• Walk-and-Turn Test – This test requires the driver to walk in a heel-to-toe fashion in a straight line. Then, they turn and walk back.
• One-Leg Stand – The driver will have their ability to process mental and physical tasks at the same time tested by being required to stand on one leg while also counting.
• Horizontal Gaze Nystagmus Test – This test tracks eye movement by following a pen or other object.

Based on the results of the field sobriety test, the officer may choose to administer a preliminary breath test and make an arrest based on the totality of the results. However, the field breath test has issues that may not make the results admissible in court.

Therefore, once at the station, a chemical test may be administered. That test typically uses a breathalyzer machine that is regularly calibrated and required to be inspected by the Department of Health. These results are more likely to be admissible in court.

What Implicit Consent Means

Implicit consent is the idea that a driver on Rhode Island’s roads, because they are using the roads, has implicitly consented to submit to a chemical test of their BAC. This may be a blood, urine, or breath test but, in most cases, it will be a breath test that is performed.

Failure to submit to a chemical test is considered a violation of law and can result in significant consequences.

The penalties for a first offense include:

• 10-60 hours of community service
• Six months to one year of license suspension
• The installation of an ignition interlock system for a period of time as determined by the court
• A fine of $200-$500
• Mandatory attendance in a course on intoxicated driving

If there are further offenses within five years, they could be penalized with:

• A jail sentence of up to six months for the second offense and up to a year for any further offenses
• Increased hours of community service
• A longer license suspension
• The installation of an ignition interlock system for a period of time as determined by the court
• Increasing fines
• Mandatory attendance in a course on intoxicated driving

What a Portsmouth DUI Lawyer Does

A Portsmouth DUI lawyer is going to be responsible for representing you and advocating for you through the legal process. While the charges will need to be addressed, that doesn’t necessarily always mean going to a trial. There may be some options available to you, and it’s our job to make sure you are informed about where your case stands and what you can expect.

Investigate Your Case

Central to the process of preparing for your case is an investigation of the charges. We can look closely at the circumstances of your arrest to make sure that procedures were followed. Our firm can also gather any evidence that may be helpful in making your case.

We have a significant amount of experience working with these kinds of cases and, based on the findings of our investigation, can comprehensively understand your situation.

Negotiate With the Prosecution

Our findings might reveal that a plea deal may be a better option for you. If that’s something that you may prefer, given the circumstances, then we are prepared to negotiate for one. Prosecutors often have a significant caseload and may be interested in having fewer cases go to trial. We may be able to use that motivation to get a reasonable plea deal.

Represent You at Trial

There are, though, times when going to court is going to be the right option for you. If that’s the case, we are prepared to represent you through that process. In the case of DUI charges, the pre-trial process is particularly important, as it will give us the opportunity to seek a dismissal of the case or that critical pieces of evidence be ruled inadmissible.

However, even if those aren’t an option, we can be prepared to make the strongest case before the court.

Get Help With Your DUI Charges From an Experienced Portsmouth DUI Lawyer

Any kind of criminal charges can be intimidating to face, and DUI charges are no exception. Many people feel like there aren’t a lot of options available to them and that a BAC chemical test has ruined their lives.

That, though, isn’t always the case. DUI cases are often incredibly complex, and it’s important that you work with a Portsmouth DUI lawyer who can help you understand the nuances of your case.

At Ellison Law LLC, we’ve worked with thousands of clients facing a variety of charges, particularly DUI cases. These experiences have given us a depth of knowledge regarding the court system, prosecutors, and what to expect when faced with different charges. That experience works to the benefit of our clients as we help them seek an optimal outcome for their situation.

We understand how difficult it is to be faced with these kinds of charges, wondering what’s going to happen next. We also recognize that our clients need both the legal assistance we offer and someone who’s going to give them the compassion and dignity that they need.

That’s why we strive to make sure our clients always feel that they’ve received quality communication and have an understanding of where they stand.

If you’ve been charged with a DUI and want help that’s going to give you the attention you deserve, contact us today.