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Rhode Island Controlled Substance DUI Lawyer

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Rhode Island Controlled Substance DUI Attorney

Although most people associate a charge of Driving Under the Influence, or DUI with alcohol, a DUI can include driving under the influence of alcohol and/or drugs. Rhode Island defines a DUI as anyone that operates a motor vehicle and has a blood alcohol content of .08% or higher, or anyone who drives or operates while under the influence of “any scheduled controlled substances as defined within chapter 28 of title 21.” R.I. Gen. Laws § 31-27-2(b)(2). Additionally, “narcotic drugs, depressants, or stimulants” are substances defined under the Uniform Controlled Substances Act. R.I. Gen. Laws § 21-28-2.02.

You can be charged and convicted of DUI if you drove a vehicle after taking any controlled substance enumerated by state law, including marijuana, even when it is prescribed by a doctor. If you are charged with DUI in Rhode Island, it is important to hire a Rhode Island DUI lawyer to help represent you. Ellison Law LLC has experienced Rhode Island DUI attorneys to help you.

What Do The Police Have To Show For A Dui Of Drugs Charge?

For you to be found guilty and convicted for DUI of drugs, the police/prosecution must prove the following:

  1. You were operating a motor vehicle;
  2. Within the State of Rhode Island;
  3. While under the influence of drugs to a degree that would render you incapable of safely operating a vehicle.

How Can The Police Prove I Was On Drugs?

The police/state must provide evidence sufficient to prove guilt beyond a reasonable doubt that you operated a motor vehicle while under the influence of drugs to a degree which prohibited you from driving safely. An officer starts collecting evidence that can be used against you from the moment they spot you driving. The type of evidence which may be used against you may include the following:

Driving observations:

  • Swerving
  • Speeding
  • Driving too slow
  • Tailgating
  • Vehicle collision

Observations of the person:

  • Bloodshot eyes
  • Watery eyes
  • Slurred speech
  • Slow speech
  • Fast speech
  • Disorientation
  • Swaying while standing
  • Unsteady gait
  • Difficulty getting out of vehicle
  • Difficulty responding to officer commands
  • Difficulty in finding proper documentation such a license, registration, insurance information

Standard Field Sobriety Tests:

The Standard Field Sobriety Tests are s series of standardized test developed for law enforcement purposes through the National Highway Traffic Safety Administration (NHTSA).

They are balance tests and divided attention tests meant to be used as a tool for law enforcement to evaluate a person for sobriety. SFST include the Horizontal Gaze Nystagmus (HGN) Test, which is when an officer looks at your eyes for involuntary spasm or bouncing when looking to the left and the right and up and down.

SFSTs also include the walk and turn test where an officer has you stand heel to toe while they describe the test to you. The officer then asks you to walk heel to toe for nine steps in a straight line and turn in a specific way and walk back.

The third SFST is the one leg stand where an officer asks you to hold one foot in the air six inches from the ground and hold it up while counting out loud until they tell you to stop.

You do not have to take the SFSTs. You have the right to respectfully and politely tell an officer that you will not submit to these tests. These tests are difficult even for people who are sober and only allow an officer to gather more evidence to be used against you.

Statements/Admissions:

An officer will ask you a series of questions that are designed to engage you and give the officer information to evaluate you. Such questions start from the seemingly benign, asking where you are coming from and where you are going, to asking you directly if you have consumed any alcohol or taken any drugs.

If you admit to use of drugs or alcohol, your statement could be used against you. An officer will use any statements admitting to drug or alcohol use to establish probable cause to arrest you. Your statements will also be used in court to try and convict you.

While lying to a police officer could be a crime, you are not required to answer questions which could incriminate you. If an officer asks you if you have been drinking or using drugs, you have the right to respectfully and politely refuse to answer these questions.

Medical Tests/Evaluations:

If the police believe you were driving while under the influence of drugs, they will likely have an officer who is trained as a “drug recognition expert” or DRE examine you. They may take your blood pressure, measure your heart rate and/or examine your eyes for nystagmus (bouncing of the eyes at certain angles). They will also likely request that you submit to a blood test. In Rhode Island, if you submit to a blood test, you will be taken to a hospital where your blood will be drawn. The blood is then taken to be tested at the Rhode Island Forensic Lab.

You do not have to submit to any medical tests unless the police obtain a warrant. If you refuse a blood test, you will likely be charged with Refusal to Submit to a Chemical Test. In Rhode Island, the first violation of Refusal to Submit to a Chemical Test is a civil offence. However, there are significant consequences such as a loss of license and fines/fees, etc.

What Are The Penalties For A Rhode Island Dui Of Drugs Charge?

The penalties for Driving Under the Influence of Drugs are enumerated in Rhode Island General Laws § 31-27-2. Some of the possible penalties for DUI of Drugs in Rhode Island include the following:

  • Possible Jail Sentence
  • License Suspension
  • Fines and Fees
  • Community Service
  • DUI classes or Drug Counseling
  • DMV Administrative Penalties
  • Potential Criminal Conviction

First Offense DUI of Drugs Penalties:

  • Up to 1 Year in Jail
  • Mandatory License Suspension of 3 to 12 Months
  • Mandatory Fines and Fees
  • Mandatory Community Service
  • Mandatory DUI Class or Alcohol/Drug Counseling
  • Potential Criminal Conviction

Second Offense DUI of Drugs Penalties:

  • Minimum 10 Days in Jail with up to 1 Year in Jail
  • Mandatory License Suspension of 1 Year up to 2 Years
  • Mandatory Alcohol and/or Drug Treatment
  • Mandatory Fines and Fees
  • Installation of an Ignition Interlock System
  • Potential Criminal Conviction

Third Offense DUI of Drugs Penalties:

  • Minimum 1 Year in Jail with up to 5 Years in Jail
  • Mandatory License Suspension of 2 Years up to 3 Years
  • Mandatory Alcohol and/or Drug Treatment
  • Mandatory Fines and Fees
  • Installation of an Ignition Interlock System
  • Potential Felony Criminal Conviction

What Should I Do If I Am Charged With Dui Of Drugs?

Defending against a charge of DUI of drugs requires knowledge of the law and technical knowledge of the process and evidence. If you have been charged with DUI of drugs, you should contact an experienced and knowledgeable lawyer immediately. Ellison Law LLC has experienced attorneys available to help you.

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My first experience ever needing representation: David was engaged, responsive, and above all else empathetic to my situation. Many times I was frustrated with the process, David was there to lend an ear and offer…

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David was great. He helped proved my innocence and won my case. He also helped me with my insurance issue. I will always keep his number by my side. I would reccomend him to anybody.

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We had a great experience working with David Ellison. He was personable, flexible, easy to work with, competent, knowledgeable, responsive and trustworthy. We contacted him on a Friday about a traffic tribunal trial on Monday…

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David has represented me on a few things, and every time he has made me feel comfortable, safe, he reassured me that It was going to be okay. He is a great lawyer, I'm so…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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"David worked so hard on my case and really kept pushing for what I deserved! I can't thank him enough for always keeping me up to date and the great communication throughout this process. David…

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"Thank you attorney Allison and attorney David Ellison for their diligent work on my case. I had received a traffic violation in the State of RI and she kept me informed throughout the entire process.…

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"It was great working with David. He was able to get my ticket dismissed on the first try and he also saved me the trip of driving down! Highly recommended." - Cristian via Google

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After being wrongly accused of a crime (OUI Marijuana), Mr. Ellison was appointed to be my lawyer by a judge. He fought daily to prove my innocence in court, was always available to talk to…

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Dave spent almost a year working with me to help resolve my case in my favor. From the start the outlook was rather grim, however Dave assured me that we had options, and we would…

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I cannot express my utmost gratitude and overall Appreciation to Allyson Quay of David Ellison law. I contacted a family lawyer who referred me to a former law school colleague. Unsure of whether or not…

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- Cares About His Clients

"I am compelled to express my profound gratitude to attorneys Allyson Quay and David for their exceptional legal representation that resulted in the successful dismissal of my recent traffic court ticket. Their expertise, dedication, and…

- Exemplary Legal Representation: A Grateful Client’s Journey with Ellison Law’s Dedication, Expertise, and Compassion

Takes his job and his role in society very seriously and actually puts the work in for his clients and does not settle for less. He told me what he was going to do for…

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"Allyson Quay at this firm was amazing. She took care of a traffic summons for us and it was painless. We live far from where the summons was given. She was speedy and efficient and…

- Efficient and Kind Legal Assistance

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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