As reported by Bryan Rourke in the August 2, 2011 edition of the Providence Journal, the Portsmouth Police Department made two (2) arrests for
drunk driving (DUI) at the same time and in the same place. Over the weekend, two (2) police cruisers were stopped on the side of the road and arresting a motorist for DUI when another car rear-ended both police cruisers. The driver of the first vehicle was arrested for DUI and
refusal to submit to a chemical test (Refusal). The driver of the second vehicle was arrested for drunk driving.
Pursuant to Rhode Island General Laws 31-27-2, drunk driving 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 except as provided in subdivision (d)(3) and shall be punished as provided in subsection (d) of this section.
The penalties for drunk driving are based on the motorist's breath or blood alcohol results. The penalties consist of a fine, community service, DWI school, a period of license suspension and costs and assessments.
Pursuant to Rhode Island General Laws 31-27-2.1, refusal is defined as any person who operates a motor vehicle within this state shall be deemed to have given his or her consent to chemical tests of his or her breath, blood, and/or urine for the purpose of determining the chemical content of his or her body fluids or breath. No more than two (2) complete tests, one for the presence of intoxicating liquor and one for the presence of toluene or any controlled substance, as defined in § 21-28-1.02(7), shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving a motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any combination of these. The director of the department of health is empowered to make and file with the secretary of state, regulations which prescribe the techniques and methods of chemical analysis of the person's body fluids or breath and the qualifications and certification of individuals authorized to administer the testing and analysis.
The penalties for first offense refusal include:
Impose for the first violation 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.
If you or a family member have been charge with drunk driving (DUI),
refusal to submit to a chemical test or other
alcohol offenses, please allow
Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please
contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.