As reported by Katie Mulvaney in the October 19, 2015, edition of the Providence Journal, a former Rhode Island State Senator has entered a plea to a DUI charge. The man previously had a trial in the District Court and lost. He appealed the case to Superior Court for a new trial. Following the plea, he was sentenced to a fine, community service, DUI school, three (3) months of license suspension, followed by three (3) months of an ignition interlock device and court costs and assessments.
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 for drunk driving are determined by the breath test results or BAC readings of the individual. The penalties increase based on the level of BAC readings. In this case, the man refused to submit to a breath test and he was charged with first offense DUI with unknown BAC readings.
If convicted, the penalties 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. The sentencing judge or magistrate may prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8.
If you or a family member has been charged with drunk driving, drunk driving – second offense or other alcohol charges, 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.