As reported by Justin Fenton and Childs Walker in the September 30, 2014 edition of the Baltimore Sun, Olympic swimmer Michael Phelps was arrested in Maryland on allegations of drunk driving. He was allegedly speeding and was pulled over by police. He was previously arrested and convicted of drunk driving ten (10) years ago.
Pursuant to Rhode Island General Law 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 for a first offense if convicted include a fine, community service, DUI school or alcohol/drug treatment and a period of license suspension. Up to one (1) year imprisonment may be imposed but is extremely rare.
This is the second time that Phelps has been arrested for drunk driving. Under Rhode Island law, he would be charged with a first offense DUI because Rhode Island only has a five (5) year look back. This means, he would only be charged with a second offense if the first DUI conviction was within the past five (5) years.
If convicted of a second offense DUI within five (5) years, there is a mandatory minimum jail sentence imposed. The length of the jail time is dependent upon the person's chemical test readings. Additional penalties include fines, alcohol/drug treatment, a lengthy period of license suspension and the Court may require a motorist to drive with an ignition interlock device on their vehicle when their license is eventually reinstated.
If you or a family member has been charged with first offense drunk driving, second offense drunk driving or other DUI offenses, 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.