East Providence DUI Amended to Reckless Driving and Refusal Dismissed

In January of 2012, our Client was charged by the East Providence Police Department with drunk driving, refusal to submit to a chemical test and leaving the scene of an accident. The arrest was part of a road rage incident.

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 of drunk driving with unknown BAC readings include a fine, community service, fees and assessments, DUI school and a minimum of three (3) months loss of license. In addition, a charge of drunk driving is a criminal misdemeanor and the charge will remain on a person's criminal record for at least five (5) years.

Pursuant to R.I.G.L. 31-26-2, leaving the scene of an accident is defined as the driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop the vehicle at the scene of the accident or as close to it as possible, but shall immediately return to and in every event shall remain at the scene of the accident until he or she has fulfilled the requirements of § 31-26-3. A stop shall be made without obstructing traffic more than is necessary.

The penalties if convicted include, any person failing to stop or comply with these requirements under the circumstances shall be guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), and/or his or her driver's license or operating privilege in the state may be suspended for a period up to six (6) months, and/or he or she may be imprisoned for a period not to exceed 6 months.

However, due to legal issues raised by Attorney Humphrey and his over (20) years of experience in handling DUI cases, the drunk driving charge was amended to reckless driving and filed for one (1) year. A filing is not a criminal conviction and after one (1) year, our Client will be eligible to have his record expunged. Both the leaving the scene of an accident charge and the Refusal charge were dismissed. This disposition was extremely beneficial for our Client who is pursuing a career in the medical profession and cannot have a criminal record.

If you or a family member has been charged with drunk driving (DUI), refusal to submit to a chemical test or other driving 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

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