Drunk Driving/Refusal

As the public, the press, and legislatures around the country continue to strive for more stringent drunk driving laws, police departments throughout the State of Rhode Island are diligently apprehending suspected drunk drivers.  The penalties for drunk driving and refusal to submit to a chemical test have dramatically increased over the years.  The drunk driving statute has been amended to decrease the legal limit for a driver’s blood alcohol content (“BAC”) to .08 and more recently the refusal statute has been amended to increase the license suspension period and to impose criminal sanctions for second and subsequent offenses.

When you have been charged with Drunk Driving (DWI/DUI/OUI) and/or Refusal to Submit to a Chemical Test your license and your liberty are in jeopardy.  For over fifteen (15) years, Attorney Humphrey has successfully handled both drunk driving and refusal cases as a criminal defense attorney and for fourteen (14) years as a municipal prosecutor and special prosecutor.  As a result of his knowledge in connection with drunk driving and refusal cases, Attorney Humphrey has been a frequent lecturer for the Rhode Island Bar Association, Lorman Education Services, State Police and Municipal Police Departments, Roger Williams University School of Law, Salve Regina University, and other educational programs.  Attorney Humphrey has coauthored six (6) articles which have been published in the Rhode Island Bar Journal regarding the topic of drunk driving and refusal cases.  In May of 2008, Attorney Humphrey will lecture for the Rhode Island Bar Association on the Detection, Prosecution and Defense of Drunk Driving and Refusal Cases.

Allow Attorney Humphrey’s reputation, experience and skill to successfully guide you through the legal process when you have been charged with a drunk driving and/or refusal to submit to a chemical test case.

Currently, the penalties for a violation of the drunk driving statute (R.I.G.L. 31-27-2) include the following:

            First Offense BAC .08 but less than .10 penalties:

• $100.00 to $300.00 fine, plus court costs;
• ten (10) to sixty (60) hours of community service;
• imprisonment up to one (1) year;
• one (1) to six (6) months license suspension;
• participation in driving while intoxicated program or alcohol and drug treatment;
• highway safety assessment $500.00; and
• additional assessment fees.

            First Offense BAC .10 but less than .15 penalties:

• $100.00 to $400.00 fine, plus court costs;
• ten (10) to sixty (60) hours of community service;
• imprisonment up to one (1) year;
• three (3) to twelve (12) months license suspension;
• participation in driving while intoxicated program or alcohol and drug treatment;
• highway safety assessment $500.00; and
• additional assessment fees.

            First Offense BAC .15 or above penalties:

• $500.00 fine, plus court costs;
• twenty (20) to sixty (60) hours of community service;
• imprisonment up to one (1) year;
• three (3) to eighteen (18) months license suspension;
• participation in driving while intoxicated program or alcohol and drug treatment;
• highway safety assessment $500.00; and
• additional assessment fees.

            Second Offense BAC .08 but less than .15 or BAC unknown or controlled substance penalties:

• $400.00 fine, plus court costs;
• one (1) to two (2) year license suspension;
• MANDATORY ten (10) days in jail (possibly up to one (1) year in jail);
• participation in alcohol and drug treatment;
• ignition interlock system on automobile (District Court Judge’s discretion);
• highway safety assessment $500.00; and
• additional assessment fees.

            Second Offense BAC .15 or above penalties:

• $1,000.00 fine, plus court costs;
• two (2) year license suspension from date of completion of the sentence imposed;
• MANDATORY six (6) months in jail (possibly up to one (1) year in jail);
• participation in alcohol and drug treatment;
• highway safety assessment $500.00; and
• additional assessment fees.

Currently, the penalties for a violation of the refusal to submit to a chemical test statute (R.I.G.L. 31-27-2.1) include the following:

            First offence penalties:

• $200.00 to $500.00 fine, plus court costs;
• ten (10) to sixty (60) hours of community service;
• six (6) to twelve (12) months license suspension;
• participation in driving while intoxicated program or alcohol and drug treatment;
• highway safety assessment $500.00; and
• DOH assessment fee $200.00.

            Second offence penalties: 

• every person convicted for a second violation within a five (5) year period shall be guilty of a misdemeanor;
• $600.00 to $1,000.00 fine, plus court costs;
• sixty (60) to one hundred (100) hours of community service;
• imprisonment up to six (6) months;
• one (1) to two (2) year license suspension;
• participation in alcohol and drug treatment;
• highway safety assessment $500.00; and
• DOH assessment fee $200.00.

Third or subsequent offense penalties:

• every person convicted for a third or subsequent violation within a five (5) year period shall be guilty of a misdemeanor;
• $800.00 to $1,000.00 fine, plus court costs;
• one hundred (100) hours of community service;
• imprisonment up to one (1) year;
• two (2) to five (5) year license suspension;
• participation in alcohol and drug treatment;
• highway safety assessment $500.00; and
• DOH assessment fee $200.00.

Allow Attorney Humphrey’s reputation, experience and skill to successfully guide you through the legal process when you have been charged with a drunk driving and/or refusal to submit to a chemical test case.

At the Law Offices of Robert H. Humphrey, Attorney Humphrey represents clients throughout the entire State of Rhode Island (RI) including Bristol County (Barrington, Bristol, Warren), Kent County (Coventry, East Greenwich, Warwick, West Greenwich, West Warwick), Newport County (Jamestown, Little Compton, Middletown, Newport, Portsmouth, Tiverton), Providence County (Burriville, Central Falls, Cranston, Cumberland, East Providence, Foster, Glocester, Johnston, Lincoln, North Providence, North Smithfield, Pawtucket, Providence, Scituate, Smithfield, Woonsocket), Washington County (Charlestown, Exeter, Hopkinton, Narragansett, New Shoreham, North Kingstown, Richmond, South Kingstown, Westerly) and Southeastern Massachusetts (MA) (New Bedford, North Dartmouth, Dartmouth, Westport, Fall River, Swansea, Somerset, Taunton, North Attleboro, Attleboro).

Contact Attorney Humphrey and the Law Offices of Robert H. Humphrey about your legal matter today.