As reported by Michael Martinez and David Ariosto in the August 9, 2012 edition of CNN.com, country music singer Randy Travis has been arrested and charged with drunk driving in Texas. Travis was involved in an accident. He refused the chemical breath test but a blood sample was later taken by court order.
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 alcohol readings include 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; provided, however, that the court may permit a servicemember or veteran to complete any court-approved counseling program administered or approved by the Veterans' Administration.
Although Travis refused the chemical test, a judge signed a court order which allowed a blood sample to be taken. Rhode Island law also allows this in certain circumstances. Pursuant to R.I.G.L. 12-5-2, a warrant may be issued under this chapter to search for and seize any of the following: (6) Samples of blood or breath that may yield evidence of the presence of alcohol or a controlled substance when subjected to a chemical test, as contemplated in § 31-27-2. When any of the foregoing samples are seized for purposes of performing the aforementioned chemical test, the seizure shall be conducted in accordance with the regulations of the department of health that apply to the consensual collection of such a sample for purposes of the chemical test contemplated by Rhode Island general laws § 31-27-2. The law provides for a blood sample over the objection of the motorist in cases involving drunk driving – death resulting and drunk driving – serious injury resulting.
If you or a family member have been charged with drunk driving – serious injury resulting, drunk driving or refusal to submit to a chemical test, 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 rhh@rhumphreylaw.com.