As reported by Mike McKinney in the January 20, 2014 edition of the Providence Journal, an Easton, Massachusetts man has been arrested by the Rehoboth Police Department and charged with OUI (operating under the influence of alcohol/drugs). This marks the eighth (8th) time the man has been arrested for OUI. He was also charged with operating without a license and operating a motor vehicle with an open container.
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 if convicted include a fine, community service, license suspension and DUI school/alcohol counseling. Although a first offense DUI is punishable by up to one (1) year imprisonment, that is rarely imposed.
In Rhode Island, the man could be charged pursuant to R.I.G.L. 31-27-2(3), which is a third or subsequent DUI within five (5) years. Such a charge is a felony and the penalties vary based on the BAC readings. If convicted of a third DUI within five (5) years with readings of .08 - .15 or unknown (meaning the person refused the chemical test) the penalties include, a mandatory fine of four hundred ($400) dollars. The person's driving license shall be suspended for a period of two (2) years to three (3) years and the individual shall be sentenced for a period of not less than one (1) year and not more than three (3) years in jail. The sentencing judge shall require alcohol or drug treatment for the individual; provided, however, that the court may permit a servicemember or veteran to complete any court-approved counseling program administered or approved by the Veterans' Administration, and may prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock system for a period of two (2) years following the completion of the sentence as provided in Section 31-27-2.8.
If the readings are above .15, the penalites include mandatory imprisonment of not less than three (3) years nor more than five (5) years, a mandatory fine of not less than one thousand dollars ($1,000) nor more than five thousand ($5,000) and a mandatory license suspension for a period of three (3) years from the date of completion of the sentence imposed under this subsection.
If you or a family member has been charged with drunk driving, drunk driving - subsequent offense or other alcohol offenses, please allow Attorney Robert H. Humphrey's reputation, experience or 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.