DUI in Rhode Island
Pursuant to Rhode Island General Laws 31-27-2 (drunk driving statute) states
whoever drives or otherwise operates any vehicle in the state while under
the influence of any intoxicating liquor, drugs... or any combination
of these, shall be guilty of a misdemeanor.
For the Prosecution to successfully prove a DUI case in Rhode Island against
a suspected drunk driver, the State must establish the following:
- That there was reasonable suspicion to stop the suspected drunk driver's
vehicle, which is usually based on traffic infractions. Anonymous tips
alone that a driver may be operating his/her vehicle while intoxicated
is not enough for a valid vehicle stop.
- That the suspected drunk driver was operating a vehicle. Operation of the
vehicle is often an issue in accident cases.
- That probable cause existed to arrest the suspected drunk driver. Probable
cause to arrest is based on the police officer's observations of the
suspect's driving, the indicia of alcohol, and most importantly the
suspect's performance during the administration of the standardized
field sobriety tests. Any deviation in the administration of the National
Highway Traffic and Safety Administration ("NHTSA") standardized
field sobriety tests may result in these tests becoming inadmissible as evidence.
- That the suspected drunk driver was under the influence of intoxicating
liquor and/or drugs to a degree which rendered him/her incapable of safely
operating a vehicle. The State can prove that an operator of a vehicle
was under the influence of liquor and/or drugs by use of either chemical
test results and/or observation testimony. There are numerous requirements
that the State must comply with before chemical test results or observation
testimony is admissible.
- That the suspected drunk driver was afforded a reasonable opportunity to
have a physical examination by a physician selected by him/her pursuant
to R.I.G.L. 31-27-3.
Arrested for DUI in Rhode Island?
The very first step that a person should take if they have been arrested
and charged with DUI is to contact a Rhode Island DUI lawyer immediately.
At the Law Offices of Robert H. Humphrey, we have a vast amount of legal
experience representing clients facing DUI charges in Rhode Island with
superior case results. Attorney Robert H. Humphrey has
over twenty-five (25) years of legal experience and has co-authored several articles published in the Rhode Island Bar
Journal on the subject of drunk driving and refusal cases. Mr. Humphrey is also
DUIDLA's founding member and the State Ambassador for Rhode Island. DUIDLA stands for the DUI Defense Lawyers Association. He is a well-respected
Rhode Island DUI lawyer and is thoroughly dedicated to protecting the
rights of his clients.
DUI Defense Attorney Serving Rhode Island
The Law Offices of Robert H. Humphrey provides legal advice and guidance
to clients facing drunk charges throughout Rhode Island. Please contact
our firm immediately to schedule a free case consultation with a skilled
Rhode Island DUI attorney who will fight hard to protect your rights.
Charged with DUI in Rhode Island? Contact us today!