Newport DUI Indictment

As reported by Richard Dujardin in the December 20, 2010 edition of the Providence Journal, a Salve Regina student has been indicted by the Newport County Grand Jury on six (6) criminal charges.  The student was the driver of an SUV which crashed into the wall of the famed Breakers mansion in September of 2010.  He and three (3) other passengers were seriously injured and required medical attention.

The student has been charged with three (3) counts of driving under the influence ("DUI") - serious injury resulting and three (3) counts of driving to endanger - physical injury resulting.

Under Rhode Island General Law 31-27-2.6, driving under the influence - serious injury resulting is defined as when serious bodily injury of any person other than the operator is caused by the operation of any motor vehicle, the operator of which is under the influence of any intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21 or any combination of these, the person so operating the vehicle shall be guilty of driving under the influence of liquor or drugs, resulting in serious bodily injury. As used in this section, "serious bodily injury" means physical injury that creates a substantial risk of death or causes serious physical disfigurement or protracted loss or impairment of the function of any bodily member or organ.

The penalties include:

Any person charged with the commission of the offense set forth in subsection (a) of this section shall, upon conviction, be punished by imprisonment for not less than one year and for not more than ten (10) years and by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000). The sentencing judge shall have the discretion to sentence the person to any unit of the adult correctional institutions. The license of the person may be revoked for a period of up to two (2) years. The license privilege shall not be reinstated until evidence satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist which would authorize refusal to issue a license and until the person gives proof of financial responsibility pursuant to chapter 32 of this title. In addition, the person convicted may be required to successfully complete alcohol or drug treatment, at their own expense, in a program established by the director of the department of corrections.

Under Rhode Island General Law 31-27-1.2, driving to endanger - physical injury resulting, the penalties are less severe.  Any person charged with a violation of this section shall upon conviction be imprisoned for not more than two (2) years and have his or her license to operate a motor vehicle be suspended for no more than one year.