Second Offense Drunk Driving Charge dismissed!

In January of 2014, our client was arrested by the Pawtucket Police Department. While at the station, he submitted to the chemical test and had readings over .15. Our client had a previous drunk driving ("DUI") conviction in 2009 and he was charged with second offense DUI. The case was scheduled for trial in May. Immediately prior to trial, based on legal arguments raised by Attorney Humphrey, the case was dismissed. This was a great achievement because a second offense DUI conviction means a minimum of six (6) months imprisonment at the ACI.

Pursuant to Rhode Island General Laws 31-27-2, the penalties for first offense DUI vary based on the chemical test readings. The penalties increase with higher BAC readings. The penalties include ten (10) to sixty (60) hours of community service, $100.00 to $500.00 fine, one (1) month to eighteen (18) months loss of license, DUI school or alcohol counseling and assessments. A sentence of up to one (1) year imprisonment may be imposed but that is extremely rare.

The penalties for a second offense DUI are much more severe. In our case, our client had readings over .15. If he had been convicted, the penalties imposed include a $1,000.00 fine, two (2) years of license suspension from the date of completion of sentence (which means two (2) years following his release from the ACI), alcohol counseling and six (6) months to one (1) year imprisonment. A minimum of six (6) months imprisonment is mandatory under the drunk driving statute.

If you or a family member has been charged with drunk driving, drunk driving - second offense or other alcohol related crimes, we're ready to help. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at

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