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Tiverton Felony DUI Lawyer

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Tiverton Felony DUI Attorney

Rhode Island’s criminal laws levy higher penalties for repeat offenders. When someone is convicted of a DUI for the first time, the offense is usually charged as a misdemeanor. Repeat convictions can elevate the offense to a felony that comes with serious penalties. Anyone facing a third DUI can rely on the legal services of a Tiverton felony DUI lawyer. Legal representation can improve a defendant’s odds of receiving a favorable outcome to their case.

Ellison Law LLC has represented clients in Tiverton for many years. Our attorneys understand the state’s DUI laws and how to effectively defend clients in court. We understand the stress that can result from a potential felony charge, which is why our Tiverton DUI lawyers work tirelessly to get positive results for our clients.

best tiverton felony dui lawyer

Why Trust Ellison Law LLC?

Anyone convicted of a felony offense potentially faces life-altering penalties. Rhode Island has a zero-tolerance policy when it comes to DUIs, especially for repeat offenders. Anyone who is convicted of multiple DUIs could be sentenced to mandatory jail time. When residents in Tiverton are facing serious criminal charges, they know they can rely on Ellison Law LLC to protect their rights in court.

Our lawyers have a reputation for providing honest, compassionate, and effective legal counsel to clients in and around Tiverton. We understand that our clients hire legal counsel to improve the odds of a favorable outcome to their cases, and we are willing to do the work to make that happen.

When Is a DUI a Felony?

Someone charged with a DUI that does not include aggravating factors risks having a misdemeanor on their record if they are convicted or plead guilty to the charge. A second DUI would likely come with more serious penalties but would similarly be charged as a misdemeanor.

An individual facing their third DUI would likely be charged with a felony under state law. Unlike most misdemeanors, a felony would come with a mandatory minimum sentence. For a third-time DUI conviction, there is a minimum jail sentence an offender typically must serve, but there is a possibility of receiving the maximum sentence, depending on the judge’s decision.

A driver who commits aggravating offenses such as manslaughter or the intentional hitting of a police vehicle could be charged with one or more felonies in addition to a DUI. Any steps that can be taken to reduce a felony charge could allow the defendant to avoid mandatory jail or prison sentences.

Potential Defense Strategies for a Felony DUI in Tiverton

A goal for a criminal defense attorney is to see that their client is acquitted or given reduced criminal charges. Either can be done by questioning the validity of the evidence or the legality of the arrest.

An unlawful arrest can lead to evidence being inadmissible in court. If prosecutors lose the ability to use important evidence, that greatly weakens their case. Residents in Tiverton have protections from unreasonable searches and seizures, and law enforcement must have reasonable suspicion to detain someone. Evidence could also be called into question if the law enforcement officer violates their department’s policies and procedures when pulling you over.

The accuracy and reliability of the breathalyzer equipment or field sobriety test can also be questioned. Police departments are required to regularly calibrate breathalyzer equipment to ensure that the results are reliable and accurate. Failure to maintain that equipment or administer a field sobriety test correctly could weaken the prosecution’s case.

An attorney can also emphasize their client’s willingness to get sober as a condition of reduced charges. Alcoholism is now understood to be a disease and not a moral failure. Substance use disorders are often better treated in clinical settings than jails. An earnest effort to demonstrate a desire to cut all forms of drug use could result in leniency, even for a repeat offender. These arguments may be made during plea bargaining.

Tiverton Felony DUI FAQs

Q: How Long Does a DUI Stay on Your Record in Tiverton?

A: In Tiverton, Rhode Island, a DUI can remain on your driving record for several years; however, if you are convicted of another DUI within this period, it can be used to enhance penalties for subsequent offenses. After a certain period of time, a first-time DUI offense may be eligible for expungement that removes the DUI from the driver’s record.

Q: Can I Lose My Job Due to a Felony DUI Conviction?

A: It is possible to lose your job due to a felony DUI conviction, especially if the job requires a clean criminal record or involves driving. In addition to losing current employment, you may find it difficult to obtain future employment with a felony conviction on your record. A felony DUI lawyer can potentially help mitigate the negative impact of a conviction on your professional career.

Q: Can You Get a Felony DUI Expunged in RI?

A: Some DUIs can be expunged in Rhode Island after a waiting period. First-time offenders may be eligible for expungement after they have completed their court-ordered requirements. Repeat offenders and felony DUI charges are not eligible for expungement. If you have questions about your eligibility to have your DUI removed from your criminal record, a defense attorney can address your concerns.

Q: Does a Felony DUI Show Up on a Background Check in RI?

A: Like other felonies, a felony DUI will show up on a background check in Rhode Island. Unlike first-time DUI charges and convictions, a felony DUI cannot be expunged from an offender’s criminal record. If a crime is not eligible for expungement, the conviction will remain on the person’s criminal record indefinitely.

Schedule Your Felony DUI Consultation Today

With the right legal strategy, your criminal charges can be reduced or potentially dropped altogether. Having a knowledgeable and experienced criminal defense attorney gives you a voice in a system that can be unforgiving. The attorneys at Ellison Law LLC can assess the strengths and weaknesses of your case to determine the proper defense. We never rush a case or settle for anything less than an optimal outcome. To schedule your consultation, contact our office today.

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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 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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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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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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