Woonsocket DUI - Death Resulting Charge

As reported by Amanda Milkovits in the February 21, 2011 edition of the Providence Journal, a Woonsocket man has been sentenced in a drunk driving ("DUI") case. The man was sentenced in a DUI-death resulting case. The man was involved in a motor vehicle accident, which killed his passenger. The man was sentenced to ten (10) years in prison, with seven (7) years to serve. When he is released from prison, he will lose his driver's license for five (5) years. At the time of his arrest, the man did not have a driver's license and he was on probation for other charges.

Rhode Island General Law 31-27-2.2 defines DUI-death resulting as when the death of any person other than the operator ensues as a proximate result of an injury received by the operation of any vehicle, the operator of which is under the influence of any intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, the person so operating the vehicle shall be guilty of "driving under the influence of liquor or drugs, resulting in death".

The penalties 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.

(ii) 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.

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