Providence DUI Death Resulting Sentence

As reported by John Hill in the April 28, 2011 edition of the Providence Journal, a Providence man was sentenced to jail in a drunk driving-death resulting case.  Last year, the man was involved in a motor vehicle accident which killed one person and seriously injured another.  During his arrest, police requested he submit to a chemical test, but he refused.  The police then made use of a new law which allowed them to take a blood sample from a suspected drunk driver, who has been involved in an accident resulting in serious bodily injury or death, even if the suspect does not consent.    

Pursuant to Rhode Island General Law 31-27-2.1, Rhode Island is an implied consent state.  This means by driving in Rhode Island, motorists consent to take a breathalyzer test when asked by police.  Motorist have the right to refuse to submit to the chemical test, but will incur penalties such as, a fine in the amount of two hundred dollars ($200) to five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of public community restitution. The person's driving license in this state shall be suspended for a period of six (6) months to one year. The traffic tribunal judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for the individual.

In cases involving drunk driving - serious injury resulting and drunk driving-death resulting, if the motorist refuses to submit to the chemical test, police can still take a blood sample from the motorist.  Pursuant to R.I.G.L. 31-27-2.9:

Notwithstanding any provision of § 31-27-2.1, if an individual refuses to consent to a chemical test as provided in § 31-27-2.1, and a peace officer, as defined in § 12-7-21, has probable cause to believe that the individual has violated one or more of the following sections: 31-27-1, 31-27-1.1, 31-27-2.2, or 31-27-2.6 and that the individual was operating a motor vehicle under the influence of any intoxicating liquor, toluene or any controlled substance as defined in chapter 21-28, or any combination thereof, a chemical test may be administered without the consent of that individual provided that the peace officer first obtains a search warrant authorizing administration of the chemical test. The chemical test shall determine the amount of the alcohol or the presence of a controlled substance in that person's blood or breath.

The man was sentenced to fifteen (15) years in jail, eight (8) years to serve in connection with the DUI- death resulting charge.  He received ten (10) jails in jail, eight (8) years to serve in connection with the DUI-serious injury resulting charge. Pursuant to R.I.G.L. 31-27-2.2 the penalties for DUI - death resulting include:

 Every person convicted of a first violation shall be punished by imprisonment in the state prison for not less than five (5) years and for not more than fifteen (15) years, in any unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) and his or her license to operate a motor vehicle shall be revoked for a period of five (5) 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 the 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 in a program of their choice, at their own expense, as authorized by a judge of the superior court, and may successfully complete the program before any license to operate a motor vehicle is renewed.

The penalties for DUI - serious bodily injury resulting 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.