Smithfield, RI DUI Lawyer

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Smithfield, RI DUI Attorney

Having the right Smithfield DUI lawyer is crucially important if you are facing DUI charges. The penalties for these charges are significant and can be even more so if it is not your first DUI or if there was serious harm done as a result of the DUI. Your strongest opportunity at avoiding the harshest of penalties, or possibly avoiding a conviction altogether, is by having an experienced DUI attorney representing you.

At Ellison Law LLC, we have defended people who have been charged with all manner of DUI. Every DUI case has its own set of complexities, and our experience is often helpful in identifying the critical nuances in a case that can have a significant impact. Depending on what was right for our clients, we have been able to negotiate plea deals that minimized the effect on their lives or defended them in court. All our clients are also treated with dignity and compassion throughout the process.

dui lawyer in smithfield ri

How a Smithfield DUI Lawyer Can Help

The laws governing DUI charges in Rhode Island can be complicated. This is particularly the case with regards to mounting a defense against those charges and on what grounds the accusation may be able to be challenged. That is why one of the more significant things you can do when faced with DUI charges is to find a talented, experienced DUI lawyer to represent you and advocate for your interests.

We are responsible for investigating the charges against you and identifying any potential weaknesses in the prosecution’s case. Before the trial even begins, there may be sufficient grounds to either get the case dismissed or challenge certain pieces of evidence that the prosecution is going to rely on. Getting the right piece of evidence deemed inadmissible has occasionally been enough to sway the prosecution to withdraw the case. A strong defense often starts in these pre-trial motions.

It may also be possible that the prosecution offers a plea deal instead of taking the claim to trial. For some people, this may be a desirable option. It often involves accepting much less severe penalties than you might receive if the case goes through a trial and returns a guilty verdict.

There are times when the evidence may be so overwhelming and the risk of a trial so significant that a plea deal becomes the preference of the accused. If that is the situation, your DUI lawyer is responsible for negotiating the strongest deal they can on your behalf.

There are times when taking the case to court may be preferable. If that is the case, we are always prepared to make the strongest defense that we can for our clients. We will try to attack the validity of the prosecution’s case and create a reasonable doubt regarding your guilt.

Smithfield, RI DUI Law FAQs

Q: Can a DUI Be Expunged in Smithfield, Rhode Island?

A: A DUI can be expunged in Rhode Island under certain criteria. The process involves petitioning the court with a Motion to Expunge. Only first-time offenders who committed only a misdemeanor DUI are eligible to have their DUI expunged.

It will need to have been five years since the completion of your DUI sentence, and you must not have been arrested for anything else or have criminal charges pending against you. Your strongest chance of successfully getting your DUI expunged is by working with a lawyer who is experienced in the process.

Q: Will My License Be Suspended for a DUI?

A: Your license will likely be suspended in the case of a DUI conviction in Smithfield, RI. While there may be some exceptions, most convictions involve a suspension of a license. Many of the suspensions that first-time misdemeanor offenders face are relatively shorter in length. Multiple offenders are likely to have their license suspended for longer periods. If the DUI involves serious bodily injury or death, it is likely that the driver will have their license revoked for a lengthy period.

Q: What Is Implied Consent?

A: Implied consent is a principle regarding DUI testing. Rhode Island, like most states, is an implied consent state. This means that drivers, while not having explicitly consented to chemical testing in the case of DUI suspicion, are deemed to have given implicit consent as it is considered a condition of driving in Rhode Island.

This means that a refusal to submit to a breathalyzer or other chemical test is considered a violation of the law and subject to potential penalties, including a license suspension. Even those who refuse to submit may still be convicted of a DUI on other grounds.

Q: What Happens if a DUI Results in Death?

A: If a DUI results in death, it is a more serious charge that will result in more severe penalties. The charges for a DUI that results in either death or serious bodily injury are considered felony charges. The penalties will result in imprisonment in a state prison if there is a conviction. The penalties may also include a significant fine, mandatory treatment program, and license revocation for five years. In some cases, probation may be possible.

If You Are Facing DUI Charges, Contact Our Team

DUI charges, even a first-time charge, are serious charges that could result in significant penalties. It is important that you have an experienced lawyer who can look at your case and the evidence being used against you. They will be able to help you understand what a plea deal might look like or whether or not there may be sufficient grounds to mount a strong defense against the charges in court.

At Ellison Law LLC, we have extensive experience in helping our DUI clients pursue their objectives when faced with these charges. Our team understands the nuances of law and evidence that can have a significant impact on the outcome of a DUI case. Whether we are negotiating a plea deal on your behalf or making your strongest case in court, we are careful to ensure that we treat you with dignity and take the time to understand what is important to you.

Contact our offices today if you are faced with DUI charges and want to discuss how we may be able to help.

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