North Kingstown DUI Charge Amended to Reckless Driving

In August of 2010, our Client was charged by the North Kingstown Police Department with driving under the influence ("DUI") in violation of R.I.G.L. 31-27-2.  DUI is defined as whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor.

The penalties for DUI vary based on the breathalyzer results of the driver.  There are three levels of penalties, one for breathalyzer results of .08 - .10, another for breathalyzer results of .10 - .15 or if the motorist refused to take a breathalyzer test and lastly for breathalyzer results over .15.  However, all of the penalties consist of a fine, community service, a period of license suspension and DWI school. 

In December of 2010, our Client's DUI charge was amended to a charge of Reckless Driving based on our negotiations with the Town regarding the admissibility of the breathalyzer results.  Reckless Driving is defined as any person who operates a motor vehicle recklessly so that the lives or safety of the public might be endangered, or operates a vehicle in an attempt to elude or flee from a traffic officer or police vehicle, shall be guilty of a misdemeanor for the first conviction and a felony for the second and each subsequent conviction.  The benefit of a Reckless Driving charge is the lack of required penalties.  Unlike DUI, Reckless Driving does not have mandatory penalties and allows for greater negotiations in the sentencing process.