Recent Posts in Alcohol-Related Offenses Category

As reported by Paul Edward Parker in the August 24, 2010 edition of the Providence Journal, the Rhode Island Division of Motor Vehicles (DMV) is relocating.  The DMV's headquarters are moving from Pawtucket to Cranston, more specifically to 600 New London Avenue.  This is the same area as the Rhode Island Traffic Tribunal.

Included in the new headquarters is space for Operator Control.  Operator Control handles all drivers' license and registration suspensions.  The most common reason for license and/or registration suspension is a drunk driving charge ("DUI") or refusal to submit to a chemical test charge ("Refusal").  A common penalty for both DUI and Refusal cases is some form of license suspension.  Pursuant to Rhode Island General Law 31-27-2 the license suspension can be three (3) to eighteen (18) months loss of license for a 1^st Offense DUI, depending on the blood alcohol levels.  Pursuant to Rhode Island General Law 31-27-21., a 1^st Offense Refusal carries with it a license suspension of six (6) to twelve (12) months. 

Once the license suspension period has ended, Operator Control is in charge of license reinstatement.  A fee must be paid to Operator Control before license reinstatement occurs.   Drivers with out-of-state licenses will have their privilege to operate motor vehicle in Rhode Island revoked if they are charged with DUI or Refusal. They too must pay a fee in order to get their privilege to operate reinstated.

As reported by Kate Bramson and Maria Armental in the August 24, 2010 edition of the Providence Journal, the police are cracking down on drunk and impaired drivers.  The Rhode Island State Police and local law enforcement are conducting a "You Drink & Drive, You Lose" campaign from August 20^th through September 6^th.   Thus far, the crackdown has led to twenty-one (21) arrests.  The Rhode Island State Police arrested the most people, 7 in total, both Providence and Cranston Police Departments arrested 6 and South Kingstown arrested. Nearly all of those arrested, were men, ranging in age from 24-52.

In order to process the increased number of drunk driving arrests, the police received help from Massachusetts.  The Massachusetts State Police allowed Rhode Island to use a mobile Breath Alcohol Vehicle (BAT), which can measure the blood alcohol level of multiple suspects at one time.  It also allows police to measure suspect's alcohol levels in the field, instead of taking them back to the station.

If you or a family member has been charged with drunk driving or Refusal to submit to a chemical test, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

After a serious automobile accident in the town of Coventry, Rhode Island, our client was charged with drunk driving ("DUI"), Refusal to submit to a chemical test, laned roadway violation, and leaving the lane of travel.

At the Rhode Island Traffic Tribunal, the Chief Magistrate dismissed the Refusal charge and both traffic violations based on our argument that the motorist was  misinformed of the Rights and Penalties associated with a Refusal charge.  The Penalties associated with a 1st Offense Refusal to submit to a chemical test include:

• $200.00 to $500.00 fine;
• Six (6) to twelve (12) months loss of license;
• Ten (10) to sixty (60) hours of community service;
• DWI School; and
• Costs and Assessments.

After a trial before the 3^rd Division District Court, the Judge held that based on our cross-examination of the Arresting Officer, the State was unable to prove, beyond a reasonable doubt, that our client was under the influence of alcohol and/or drugs to a degree which rendered him incapable of safely operating a motor vehicle despite the fact he had operated a motor vehicle which had been involved in a serious accident.  Penalties for a 1^st Offense DUI observation charge include:

• Imprisonment for up to one (1) year;
• $100.00  to $400.00 fine;
• Three (3) to twelve (12) months loss of license;
• Ten (10) to sixty (60) hours of community service;
• DWI School or Treatment; and
• Costs and Assessments.

In any drunk driving ("DUI", "DWI", "OUI") case, the State must prove, beyond a reasonable doubt, five (5) key elements:

• That the police had reasonable suspicion to stop the suspect's vehicle or to seize the suspect;

• That the police can prove that the defendant was the operator of the motor vehicle;

• That the police have probable cause to arrest the defendant for driving while intoxicated;

• That the police can prove that the defendant was under the influence of intoxicating liquor and/or drugs to a degree which rendered him incapable of safely operating a motor vehicle; and

• That the police can prove compliance with the defendant's rights pursuant to R.I.G.L 31-27-3.

In July of 2010, Rhode Island DUI and Alcohol Offense lawyer, Robert H. Humphrey, used his over fifteen (15) years of legal experience as both a Prosecutor and Defense Attorney to have a Bristol Police procurement of alcohol for minor charge dismissed before the 6^th Division District Court.