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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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- Attorneys Who Care

Helped me get my court case behind me in my favor in a very short time. Thank you attorney Ellison, my family and i and i are forever in debt to you! Thanks again.

- Helped Me Get My Court Case Behind Me

"Allyson Quay represented my husband at the RI Traffic Tribunal and assisted him in getting his case dismissed. David Ellison initially responded to our request for legal assistance and communicated on my behalf to the…

- Very Patient and Understanding

I got assigned David Ellison in the court by what must have been an act of God. He understood that I had no experience in the court system and worked with me to explain everything…

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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…

- David was Engaged, Responsive, and Above All Else Empathetic

"Allison did an amazing job with my traffic case. She was very clear transparent and overall very nice. She helped me through the process and explained every step on the way." Via Google

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"I was referred to Attorney Ellison and Attorney Tinsworth by a friend, as my first lawyer stopped answering my calls and did not show up for my pre-trial. I've never been in trouble with the…

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"Reached out to lawyers when I was in need with traffic violations, ended up picking David. He never felt or let me down one bit he went above and beyond for me. I am grateful…

- David Went Above and Beyond for Me

"I never took the time to thank a lawyer after representing me because I always felt like they could have done more , they just was doing their job pretty much but Allyson Quay ,…

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"I hired David Ellison to represent me in connection with a traffic violation case. David treated my case as being of utmost importance and did everything possible to secure the most favorable outcome of the…

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"The best lawyers you can ask for. Always, looking out for your best interest. I wouldn't recommend anyone else!!" Via Google

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"Very professional and lots of experience. Really takes the time to send you information you need to know prior to going to court. He answered every question I had and was able to get better…

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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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Really knows his stuff! If you need a save call Dave. I'm glad I did. Handled all the paperwork for me and made things really simple and comfortable setting

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David Ellison was very understanding and compassionate. He kept in touch and was always up to date. If you're looking for honest great legal representation contact David Ellison!

- Very Understanding and Compassionate

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…

- Personable, Flexible, Easy to Work With, Competent, Knowledgeable, Responsive and Trustworthy

"David Ellison and Allyson Quay are very knowledgeable and professional. They are a great to work with. Allyson helped me with my case and was able to obtain a great result! I am very happy…

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The most amazing lawyer I have ever had. He does an amazing job with amazing results. Extremely happy with the results. Extremely highly recommended by me. He is a man of his word and is…

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David went above and beyond helping to resolve the matter quickly. He got the best possible outcome and was kind and easily accessible throughout the whole process. I can not recommend him more highly!

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"David Ellison worked diligently to get me a great result for my case. I would recommend his services to friends or family if they should need legal representation. Despite the circumstances, he was a pleasure…

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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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"just want to say i couldn't find any lawyers to actually take my case seriously, alyson was the only one that not only reached back out to me but also got me my license back…

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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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"We recently hired Attorney David Ellison to assist us with our son's motor vehicle case. After contacting him, he was extremely responsive and met with us very quickly. We were very impressed with Mr. Ellison…

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"I had a case where I was certain I was going to, at least, lose my license. Prepared for the worst, but with David's help, I got the best outcome possible and was able to…

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- Highly Recommend

"This particular case had no allowance to go bad. David expedited to trial where all charges were dropped in 15 minutes and the cases dismissed for both parties. Very professional, and to the point, like…

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"David is a great lawyer but more importantly a solid and genuine human being. He was effective, engaged, and honest throughout my entire case. He gave me sound, nuanced advice and kept me in the…

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"Great guy great lawyer will work with you financially and will get the result your looking for." Via Google

- Great Lawyer

"You get what you pay for and so much more. I was nervous, overwhelmed, and in uncharted territory. David called me personally within hours of inquiring online, and I immediately felt a sense of relief…

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"I was referred to Dave Ellison by a colleague and he is just the most kind, genuine, and knowledgeable lawyer I've had the pleasure of working with. He treats you like a good family member…

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"I hired Attorney David Ellison to represent me on a traffic violation. My license was at risk of suspension and he immediately recognized the impact this would have on me personally and professionally. I was…

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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…

- Not a number, but a person

"Attorney David Elliison is top notch! He guided me through the process, told me what to expect and he did come through for me with great results! I would highly recommend." Via Google

- David is Top Notch

"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…

- Great Communication and Hard Work

"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.…

- Can’t Recommend Them Enough

"Attorney David Ellison was so helpful throughout the ENTIRE process of my traffic ticket case. He was so consoling and made everything understandable for me. Any questions or help that I needed even AFTER everything…

- David was Helpful Throughout the Entire Process

"I had the pleasure of being represented by Allyson Quay last month. What would normally have been a stressful experience was made much easier thanks to her assistance. She is confident, reassuring and very knowledgeable.…

- You’re in Good Hands!

"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

- It was Great Working with David

"I had a great experience in working with Allyson and she did her best to get things right, I would recommend her to get tickets handled in Rhode Island." Via Google

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"David Ellison handled my case with great professionalism and keen attention to detail. He took the time to explain the legal terms, options and possible outcomes I was facing. He made himself available at my…

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"David was so wonderful to work with. He did an amazing job helping us. Throughout the whole process, he was kind and patient and I felt like he really cared. I trusted him and I…

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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…

- Great Guy, Great Lawyer

"I was recently represented by David Ellison law and attained a not guilty verdict. This was vital, as school (law) was just about to start for me as well as work, and if found guilty…

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"Attorney Ellison was exceptionally professional in handling my case, an expungement. I received a prompt response from his office, and he was courteous to me and delivered results that were satisfactory to the expectations I…

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"Very knowledgeable of his profession and receiving results. Dave helped me out on numerous occasions, good or bad he's knows and will protect your rights" Via Google

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"If you're reading these reviews, I'm sure you're nervous for what's to come (whatever that may be), and you may be thinking "can they even help me?", "can I even afford the help?". With David…

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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…

- David took my case head on

"I had the pleasure of being represented by David Ellison. He patiently and carefully listened to all the information related to my case. He explained everything to me in a way I could easily understand…

- Patient, Knowledgeable, and Compassionate Attorney

David Ellison helped me get all legal documents together for my LLC. He was extremely time efficient and always friendly. I am very new to the small business world but he made everything super easy…

- Time Efficient & Friendly

"Best lawyer for traffic citations. He will do the most in his power and efforts to see you are much better off than going into battle alone. He is honest and didn't sell me a…

- The Best Lawyer for Traffic Citations: Highly Recommend

"David Ellison is one of the best attorneys I've met! Always prepared, professional and more than polite. If you need a save CALL DAVE! Ten out of ten!" Via Google

- David is Professional, Prepared and Polite

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…

- Exceptional Legal Support Leading to Client’s Overwhelming Gratitude and Appreciation

"David Ellison was great! He had a few appointments today and made sure to fit me in his schedule before hand. He made sure to go over everything with me so he knew what he…

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"Good people, professional service the best." Via Google

- The Best

"David is an amazing person. When I was 18 I was getting into my first real legal trouble, going to jail and what not. David was my court appointed attorney and I figured “I'm screwed…

- David Cares

"Allyson Quay is my attorney for life. I had a really tough situation that required alot of sorting out. Allyson fought like crazy, and I walked with a dismissal. I could not be happier. I…

- My Attorney for Life

"Highly highly recommend Attorney Ellison! He was overly prepared for my case, answered all of my questions and DELIVERED! He was fast, efficient and overall a pleasure to work with. Cares about his clients, rather…

- 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…

- Takes His Job and Role in Society Very Seriously

"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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