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. Recently, the R.I. Supreme Court in Such v. State of Rhode Island ruled that the harsher penalties for a chemical test refusal approved by the Legislature in 2006 and signed into law by Governor Carcieri are the controlling penalties. Fortunately for clients represented by the Law Offices of Robert H. Humphrey all of their so-called “Such cases” have been dismissed.

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. The six (6) coauthored articles are entitled: “How To Prove A DWI Observation Case”, Rhode Island Bar Journal, September/October 2006; “Potential Impact of State v. Delbonis On Prior Drunk Driving Convictions from 2000 To 2003”, Rhode Island Bar Journal, May/June 2005; “Prosecution and Defense of Chemical Test Refusal Cases”, Rhode Island Bar Journal, November/December 2004; “Defending the Rhode Island Licensee Charged with Drunk Driving in Massachusetts”, Rhode Island Bar Journal, November/December 2001; “Drunk Driving:  Recent Developments in the Law”, Rhode Island Bar Journal, May, 1999; “Drunk Driving Law Update”, Rhode Island Bar Journal, October, 1994. In May of 2008, Attorney Humphrey lectured for the Rhode Island Bar Association on the Detection, Prosecution and Defense of Drunk Driving and Refusal Cases. Attorney Humphrey’s most recent article regarding drunk driving and refusal cases was published in the July/August 2008 edition of the Rhode Island Bar Journal and is entitled:  “Effects of Revised Regulations on 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, driving under the influence of liquor or drugs (DUI, DWI, OUI) and/or refusal to submit to a chemical test and/or driving under the influence of liquor or drugs resulting in serious bodily injury or death.

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.

Currently, the penalties for a violation of the driving under the influence of liquor or drugs resulting in serious bodily injury statute (R.I.G.L. 31-27-2.6) include the following:

First offence penalties:

• imprisonment for not less than one (1) year and not more than ten (10) years;
• a fine of not less than $1,000.00 nor more than $5,000.00; and
• revocation of license for a period of up to two (2) years.

Second offence penalties: 

• imprisonment for not less than two (2) years nor more than fifteen (15) years;
• a fine of not less than $3,000.00 nor more than $10,000.00;
• alcohol or drug treatment; and
• revocation of license for a period of up to four (4) years.

Currently, the penalties for a violation of the driving under the influence of liquor or drugs resulting in death statute (R.I.G.L. 31-27-2.2) include the following:

First offence penalties:

• imprisonment for not less than five (5) year nor more than fifteen (15) years;
• a fine of not less than $5,000.00 nor more than $10,000.00; and
• revocation of license for a period of up to five (5) years.

Second offence penalties:

• imprisonment for not less than ten (10) years nor more than twenty (20) years;
• a fine of not less than $10,000.00 nor more than $20,000.00; and
• revocation of license for a period of up to five (5) years.

Currently, the penalties for a violation of the driving while in possession of controlled substance statute (R.I.G.L. 31-27-2.4) include the following:

First offence penalties:

• license suspension for a period of six (6) months.

Currently, the penalties for a violation of the driving while impaired statute (R.I.G.L. 31-27-2.7) include the following:

First offence penalties:

• a fine of not more than $250.00;
• thirty (30) hours of community service;
• license suspension for not less than one (1) nor more than three (3) months; and
• attendance at DWI School and/or alcohol and drug treatment programs.

Second offence penalties: 

• a fine of not more than $250.00;
• thirty (30) hours of community service;
• license suspension for not less than one (1) nor more than three (3) months; and
• attendance at DWI School and/or alcohol and drug treatment programs.

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.