As reported by Richard Dujardin in the August 5, 2011 edition of the Providence Journal, the Rhode Island State Police pulled over a man for failure to use a turn signal. During the course of the motor vehicle stop, the police learned the man was a fugitive and had pending charges for cocaine trafficking and possession of a firearm. The Rhode Island State Police also charged with the man with obstruction of a police officer.
A routine traffic stop can also lead to an arrest for other charges, such as drunk driving (DUI). A typically drunk driving arrest involves a traffic violation, for which the police then stop the motor vehicle. During the course of the stop, the police then observe certain indicia of alcohol use (i.e. bloodshot eyes, slurred speech, flushed face) and then request the motorist to perform the standardized field sobriety tests. If the motorist then fails the field sobriety tests, the police arrested the motorist for DUI and request them to submit to the chemical test. If a motorist
refuses the chemical test, they can still be charged with a DUI.
The penalties for drunk driving, if convicted include:
(d) Every person found to have violated subdivision (b)(1) of this section shall be sentenced as follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one percent (.08%) but less than one-tenth of one percent (.1%) by weight or who has a blood presence of any scheduled controlled substance as defined in subdivision (b)(2) shall be subject to a fine of not less than one hundred dollars ($100) nor more than three hundred dollars ($300), shall be required to perform ten (10) to sixty (60) hours of public community restitution, and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge and/or shall be required to attend a special course on driving while intoxicated or under the influence of a controlled substance, and his or her driver's license shall be suspended for thirty (30) days up to one hundred eighty (180) days.
(ii) Every person convicted of a first violation whose blood alcohol concentration is one-tenth of one percent (.1%) by weight or above but less than fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is unknown shall be subject to a fine of not less than one hundred ($100) dollars nor more than four hundred dollars ($400) and shall be required to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge. The person's driving license shall be suspended for a period of three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcoholic or drug treatment for the individual.
(iii) Every person convicted of a first offense whose blood alcohol concentration is fifteen hundredths of one percent (.15%) or above, or who is under the influence of a drug, toluene, or any controlled substance as defined in subdivision (b)(1) shall be subject to a fine of five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge. The person's driving license shall be suspended for a period of three (3) months to eighteen (18) months. The sentencing judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for the individual.
If you or a family member has been charged with drunk driving,
refusal to submit to a chemical test or other
drug offenses, please allow attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.
Contact Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at
rhh@rhumphreylaw.com.