Tiverton DUI Lawyer

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Tiverton DUI Attorney

A Tiverton DUI lawyer can be a vital help to those who are facing DUI charges. There are a number of possible outcomes to a DUI case, and working with the right lawyer can be critical to giving yourself a chance to avoid the harshest outcomes. The right lawyer is going to give your case the attention that it deserves, and that’s what we do at Ellison Law LLC.

It’s important to us that our clients are dealt with honestly, which is why we make sure you are well-informed about where your case stands, what you can expect from the process, and any options available to you. Just as important as clear communication, though, is listening.

We want to ensure that the approach we take to your case is tailored to your needs. That’s why we want to hear what you are hoping for and need from the process.

What Can a Tiverton DUI Lawyer Do for You?

At Ellison Law LLC, we understand how important and serious a job it is to represent and advocate for our clients. That’s why we make sure that we are able to give our client’s cases the attention they deserve.

Investigate Your Case

Our process begins with an investigation of the circumstances of their DUI arrest and charges. We can gather whatever evidence we can and try to identify if there were any clear issues with the procedure and process of your arrest. If the arresting officer made any mistakes, that may open an opportunity to challenge the admissibility of the evidence in the case.

Negotiate With the Prosecutor

Depending on the evidence available and the circumstances of your case, it may make sense to consider the option of taking a plea deal. We have extensive experience negotiating for fair deals for our clients.

It’s important to remember that the prosecution may be bogged down with a significant caseload, and plea deals can be helpful in avoiding the time-intensive process of going to trial.

Represent You in Court

If, though, defending against the charges in a trial is going to be a better option, we can take advantage of every opportunity to win the case. In particular, there are opportunities in pre-trial hearings that can potentially be very helpful in your defense. If there is an option to get any evidence dismissed from the case, or even the whole case, we can seek to do so.

The case may, though, go through to trial, in which case we can be prepared to argue on your behalf and make the strongest case for you. We can take on the prosecution in court, as we understand the complexities of what it takes to win against DUI charges.

What Is a DUI in Rhode Island?

A DUI is a charge given when there is a belief that a driver’s intoxication with drugs or alcohol is preventing them from controlling their vehicle in a responsible manner. For many, this will be determined based on their blood alcohol content, or BAC, as determined by a chemical test, such as a breathalyzer.

There are legal thresholds for intoxication, above which a driver is given a “per se” DUI charge. This means that they are deemed to be in violation of drunk driving laws by virtue of their BAC, whether it was impairing their driving or not.

The full spectrum of what may be considered a DUI includes:

  • Any driver who is found to have a BAC above 0.08%
  • Any driver who is found to have a BAC above 0.04% when operating a commercial vehicle
  • Any amount of illicit drug, marijuana, or other controlled substance in a driver’s blood
  • Driving that is impaired by any presence of alcohol or drugs

What Are the Rhode Island Penalties for a DUI Conviction?

The penalties for a DUI conviction in Rhode Island will typically fall within a range determined by the law, based on the court’s assessment. The scope of potential penalties differs widely, depending on the BAC content of the driver and whether they have had any prior offenses in the previous five years.

A first offense is usually a misdemeanor conviction. This results in penalties such as fines, fees, and enrollment in DUI school or alcohol counseling. They also include the following penalties:

  • For an Unknown BAC – Up to one year in jail, 10 to 60 hours of community service, and a three- to twelve-month license suspension
  • For a BAC Between .08% and .10% – Up to one year in jail, 10 to 60 hours of community service, and a one- to six-month license suspension
  • For a BAC Between .10% and .15% – Up to one year in jail, 10 to 60 hours of community service, and a three- to twelve-month license suspension
  • For a BAC Over .15% – Up to one year in jail, 20 to 60 hours of community service, and a three- to twelve-month license suspension

A second offense is also usually a misdemeanor conviction. It results in similar penalties involving fines, fees, and enrollment in DUI school or alcohol counseling. Additionally, it will likely include the installation of an ignition interlock system in the driver’s vehicle. They also include the following penalties:

  • For a BAC Between .08% and .15% – Between ten days and one year in jail, along with a one- to two-year license suspension
  • For a BAC Over .15% – Between six months and one year in jail, along with a two-year license suspension

A third offense elevates the charges to a felony. A conviction results in penalties of fines and fees, drug or alcohol treatment, and the installation of an ignition interlock system in the driver’s vehicle. Additional penalties include:

  • For a BAC Between .08% and .15% – Between one and three years in jail and a two- to three-year license suspension
  • For a BAC Over .15% – Between three and five years in jail and a three-year license suspension

What If a DUI Causes Serious Bodily Injury or Death?

If a DUI leads to someone’s serious bodily injury or death, it is treated much more seriously by the law. The penalties are significantly increased. The fines associated are much steeper, and it is typical for there to be multiple years of prison time involved in sentencing.

What Is the Role of Implied Consent?

Implied consent is an important aspect of DUI charges in Rhode Island. It refers to whether drivers can refuse to take a chemical test that checks their BAC. According to the law, drivers cannot reject taking the test because they are considered to have consented to it by using the roads. As a result, there are significant penalties for refusing to take a chemical test.

A first offense for refusing to take a test can be penalized with:

  • A six-month to one-year license suspension
  • A permit for some driving with an ignition interlock device
  • A $200-$500 fine
  • Community service for between 10 and 60 hours
  • Enrollment in a DUI course

A second or subsequent offense for refusing to take a test can be penalized with:

  • Six months to one year in jail for a first offense and one year for any subsequent convictions
  • A lengthier license suspension
  • Increased fines
  • Further community service

While there are serious penalties for refusing to take a chemical test, that doesn’t mean that it’s the ideal choice in every situation. If you can contact your Tiverton DUI defense lawyer, they can help you understand what could happen if you take it or refuse to take it.

Can a DUI Be Expunged in Rhode Island?

There is a chance that your first DUI in Rhode Island could be expunged. Additionally, for those charged but not convicted, their charges could be sealed. There are, though, specific criteria and a particular process that must be followed, so it’s important to work with a Tiverton DUI lawyer if you would like to have your DUI expunged.

A Tiverton DUI Lawyer Can Help Defend You

When you’re arrested on DUI charges, it’s important that you work with someone you can trust and rely on. Any criminal case can involve a number of nuances and complexities. That’s why, at Ellison Law LLC, we want to ensure that our clients have a strong understanding of where their case stands and what they may be facing. We want to make sure that our communication is clear and helps you get a better idea of your situation.

We also know how important it is for those facing the uncertainty that comes with these charges to feel like they are being heard. You deserve compassion and dignity throughout this process, and we aim to ensure that you are treated rightly.

Our firm is ready to put our experience to work for you. We understand what it takes to give you a formidable chance at what you’re seeking from this process. If a plea deal is right for you, our experience in negotiating them can be vital to getting a better outcome.

If, though, it’s necessary to take the claim to court, then we can make sure that your strongest defense is made. Contact us today to discuss the charges that you’re facing.

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