Rhode Island has very strict laws against drunk driving, and they are only continuing to increase guidelines for punishment. This state in particular defines driving while intoxicated as anyone who has a blood alcohol level of 0.08% or higher. Any DWI(driving while intoxicated) incident that results in death is consider a felony.
Most likely your first offense will result in a fine and a suspended license for a few months. An OUI is different from a DUI or DWI because this is when an officer suspects you of being under the influence of some type of drug. The officer may ask you to take a chemical test, and you can refuse to take part in it. If you refuse a chemical test or a breathalyzer test you must be prepared for the penalty. An officer has the right to confiscate your license on the spot.
If you refuse the chemical test or breathalyzer and you have no prior OUI or refusal convictions there is an automatic license suspension is for 180 days for refusing the chemical test.
If you have prior convictions license suspension is more severe. In the state of Massachusetts you are considered to be operating a vehicle the minute you sit in the driver's seat, regardless of whether or not you actually drive somewhere. That means if you just sit in your car and turn it on, but change your mind about driving, you can still be charged with DUI or DWI.
If you are facing the unfortunate situation of a operating under the influence or negligently operating a motor vehicle charge, contact a criminal defense attorney immediately to preserve your rights and avoid any possible prison sentence.
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The Law Office of John L. Calcagni, III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , Assault and Battery and all criminal matters.
As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, Florida and the Commonwealth of Massachusetts.
Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com
If you cannot make it to one of our offices, we will to come to your home or detention center.
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