As reported by Amanda Milkovits in the July 6, 2014 edition of the Providence Journal, a Warwick man has been arrested by the Rhode Island State Police and charged with drunk driving – second offense, obstructing a police officer, reckless driving, driving on a suspended license and assault. The man hit a state trooper after he was pulled over by the trooper. In January of 2014, the man pled to a charge of drunk driving – first offense.
Pursuant to Rhode Island General Laws 31-27-2, drunk driving – second offense 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 and had a previous violation within a five (5) year period.
The penalties vary based on the breath test results. If the motorist had BAC readings between .08 - .15 or unknown BAC readings, the penalties include a mandatory fine of four hundred dollars ($400). The person's driving license shall be suspended for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten (10) days nor more than one year in jail. The sentencing judge shall require alcohol or drug treatment for the individual and may prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock system for a period of one year to two (2) years following the completion of the sentence as provided in § 31-27-2.8.
If the motorist had BAC readings of .15 or above, the penalties include mandatory imprisonment of not less than six (6) months nor more than one year, a mandatory fine of not less than one thousand dollars ($1,000) and a mandatory license suspension for a period of two (2) years from the date of completion of the sentence imposed under this subsection. The sentencing judge shall require alcohol or drug treatment for the individual.
If you or a family member has been charged with drunk driving – first offense, drunk driving – second offense or other alcohol 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 firstname.lastname@example.org.