As reported by Thomas J. Morgan in the January 23, 2014 edition of the Providence Journal, a West Warwick man has been arrested and charged with drunk driving - subsequent offense, refusal to submit to a chemical test - second offense, driving while his license was suspended for an alcohol related charge and operating a motor vehicle as a habitual offender. This is the 25th time the man has been arrested for driving while his license was suspended. He is currently on probation from a December 2013 DUI conviction and he is being held at the ACI as a probation violator.
Pursuant to Rhode Island General Laws 31-27-2(d)(3) a third or subsequent DUI is defined as every person convicted of a third or subsequent violation within a five (5) year period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above but less than fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is unknown or who has a blood presence of any controlled substance as defined in subdivision (b)(2) regardless of whether any prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state, shall be guilty of a felony.
In this case, the BAC readings are unknown because the man refused the chemical test. If convicted, the penalties include a mandatory fine of four hundred ($400) dollars. The person's driving license shall be suspended for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less than one year and not more than three (3) years in jail. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require alcohol 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, and may prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock system for a period of two (2) years following the completion of the sentence as provided in Section 31-27-2.8.
In addition, it is the discretion of the judge imposing sentenced to have the vehicle owned and operated by the violator seized and sold by the state of Rhode Island, with all funds obtained by the sale to be transferred to the general fund.
Pursuant to Rhode Island General Laws 31-27-2.1, a second offense Refusal is defined as every person convicted for a second violation within five (5) year period shall be guilty of a misdemeanor, shall be imprisoned for not more than six (6) months and shall pay a fine in the amount of six hundred dollars ($600) to one thousand dollars ($1,000), order the person to perform sixty (60) to one hundred (100) hours of public community restitution, and the person's driving license in this state shall be suspended for a period of one year to two (2) years. The judge shall require alcohol and/or drug treatment for the individual.
If you or a family member has been charged with drunk driving, drunk driving - subsequent offense 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.