Pursuant to Rhode Island General Laws 31-27-2.2, drunk driving – death resulting is defined as when the death of any person other than the operator ensues as a proximate result of an injury received by the operation of any vehicle, the operator of which is under the influence of any intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, the person so operating the vehicle shall be guilty of "driving under the influence of liquor or drugs, resulting in death."
The penalties if convicted include imprisonment in the state prison for not less than five (5) years and for not more than fifteen (15) years, in any unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) and his or her license to operate a motor vehicle shall be revoked for a period of five (5) years. The license privilege shall not be reinstated until evidence satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist which would authorize the refusal to issue a license, and until the person gives proof of financial responsibility pursuant to chapter 32 of this title.
The man did submit to a blood test so there will be BAC readings in this case. However, unlike a typical DUI case in which there are three stages of penalties based on BAC readings, a DUI death case does not make a distinction about BAC readings. The law does not distinguish the age of the driver. In this case, the driver is twenty (20) years old, below the legal limit for consuming alcohol. However, both his age and BAC readings will likely be factors in the level of sentence he receives if he is convicted.
If you or a family member has been charged with drunk driving, drunk driving – death resulting or refusal to submit to 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.