As reported by Donita Naylor in the December 20, 2012 edition of the Providence Journal, a Massachusetts woman was stopped in East Greenwich for driving the wrong way on Route 4. She was stopped by State Police before she got onto Route 95. The woman has been charged with drunk driving. It is unclear if she submitted to the chemical test.
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.
The penalties if convicted include a fine, community service, loss of license, participation in DUI school or alcohol/drug counseling and fees and costs. There is a possibility of up to one (1) year imprisonment but it is rarely imposed in first offense DUI cases.
If arrested in Massachusetts, the woman would be charged with OUI, operating under the influence. Pursuant to Massachusetts General Laws 90-24, OUI is defined as whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue.
The penalties if convicted include a fine of $500.00 to $5,000.00, imprisonment up to two and half (2 ½) years, assessments and fees and one (1) year license susepnsion.
If you or a family member has been charged with DUI, OUI 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.