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Providence DUI Lawyer Rory Munns

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Providence DUI Lawyer Rory Munns

Getting arrested and being charged with Driving Under the Influence (DUI) is a life-changing occurrence. The events that happen during and after the arrest are extremely important. One of the most important things to know is just because you are charged with a DUI doesn't mean you will be convicted of a DUI. If you are charged it's time to contact a Providence DUI lawyer.

The Traffic Stop

Police officers conduct traffic stops for a variety of reasons. It's vital to know that any information you tell an officer can be used in the officer's final disposition. For example, if you tell an officer you are speeding you've opened yourself up to getting a speeding ticket. If an officer suspects you've been drinking too much they may request you complete a breathalyzer test. You may refuse a breathalyzer test. However, a Providence DUI lawyer would advise that refusing will result in Filing to Submit, a civil offense. Failing a breathalyzer test will likely result in being charged and arrested.

The Charge

In Rhode Island, being charged with a DUI is a misdemeanor for the first offense. Any Providence DUI lawyer would consider the first DUI penalty as a warning for what could happen next time. This doesn't mean the first offense is without consequences. Jail time, fines, suspended driver's license — these are the possible outcomes of being convicted of a DUI for the first time. A Providence DUI lawyer can help you fight these charges.

First-time DUI offenders can be jailed up to one year. Take a moment to think about what that would be like. While jail time is a possible outcome it doesn't always happen to those convicted for the first offense. A Providence DUI lawyer can help you fight these charges as well.

Second-time DUI offenders face harsher penalties similar to before. The convicted faces jail time from 10 days to a one year, up to a $1,000 fine, and a driver's license suspension for one to two years. A trained Providence DUI lawyer will work to minimize the penalties. One additional penalty for a second offense is that an Ignition Interlock Device must be installed in the driver's vehicle. The driver must blow into the device before the vehicle will start. If alcohol is detected, the vehicle will not start as normal.

What types of DUI charges are there in Rhode Island, and what are the penalties?

Rhode Island has imposed strict penalties for drunk, drugged, and other dangerous driving. The most common charges are ones involving drunk driving when merely having a Blood Alcohol Concentration (BAC) above the legal limit can lead to probation, jail time, and a suspended license. The penalties are lower for first-time offenders and increase significantly for repeat offenders.

First offense driving under the influence

There are three levels of first offense driving under the influence in Rhode Island. All are misdemeanors. In general, the more alcohol in your blood, the higher the potential penalty. The good news is that these penalties are not automatic, even if your BAC was accurately tested. While jail time is a possible outcome, it is not a mandatory sentence. An experienced DUI lawyer may help you avoid some or all of the penalties that can apply to your charge.

First offense DUI between .08% and .1%

  • Up to 1 year in jail
  • Fine of $100-300
  • Suspension of driver’s license between 30-180 days
  • 10-60 hours of community service
  • Enrollment in a driving while intoxicated course

First offense DUI between .1% and .15%

  • Up to 1 year in jail
  • Fine of $100-400
  • Suspension of driver’s license between 3-12 months
  • 10-60 hours of community service
  • Enrollment in a driving while intoxicated course
  • Enrollment in alcohol or drug treatment

First offense DUI over .15%

  • Up to 1 year in jail
  • Fine of $500
  • Suspension of driver’s license between 3-18 months
  • 20-60 hours of community service
  • Enrollment in a driving while intoxicated course
  • Enrollment in alcohol or drug treatment

Second offense driving under the influence

Second-time DUI offenders face harsher penalties then first-offenders if the second offense is within five years of the first. Those convicted of second offense DUI face mandatory sentences including jail time, fines, and license suspensions. A trained Providence DUI lawyer will work to minimize the penalties and can even negotiate with the prosecutor to reduce a second offense DUI to a first offense DUI with no jail time.

Second offense DUI between .08% and .15%

  • 10 days to one year in jail
  • Mandatory license suspension of 1-2 year
  • Mandatory fine of $400
  • Enrollment in alcohol or drug treatment
  • Installation of an Ignition Interlock Device for 1-2 years after your license is returned

Second offense DUI over .15%

  • Mandatory jail time of 6 months to 1 year
  • Mandatory license suspension of 2 years
  • Mandatory fine of $1000
  • Enrollment in alcohol or drug treatment

Third or subsequent driving under the influence

After your second offense, penalties for driving under the influence increase significantly. A third offense is a felony, which results in harder jail time and serious collateral consequences. In addition to the penalties outlined below, the sentencing judge can order your car seized and sold off, with the proceeds going to the State. Don’t face these potential consequences alone. Call Providence DUI lawyer Rory Munns so you can start working on your defense.

Third or subsequent offense DUI between .08 and .15%

  • Mandatory jailtime of 1-3 years
  • Mandatory license suspension of 2-3 years
  • Mandatory fine of $400
  • Enrollment in alcohol or drug treatment
  • Installation of an Ignition Interlock Device for 1-2 years after your license is returned

Third or subsequent offense DUI over .15%

  • Mandatory jailtime of 3-5 years
  • Mandatory license suspension of 3 years
  • Mandatory fine of $1000

What can an experienced Providence DUI lawyer like Rory Munns do for your drunk driving case?

Experienced DUI lawyers like Rory Munns understand the importance of examining every aspect of your case. Sometimes we uncover critical errors made by police or crime labs that dispute BAC you are accused of having. In other cases, we bring serious Constitutional issues to the attention of the judge or D.A. Possible defenses include:

  • Illegal traffic stop
  • Faulty BAC test
  • Raising BAC
  • Medical condition makes BAC unreliable
  • Error in calculating the time between offenses

Even when no errors are found in your case, a Providence DUI lawyer may be able to negotiate with the prosecutor to reduce charges from the highest grade of DUI to a lower grade that is subject to reduced penalties. We can uncover evidence of undue hardship if you were to lose your license or show proof that you have already sought treatment for drugs or alcohol. We can also help you determine if using Rhode Island’s Ignition Interlock Statute would be beneficial in your case to reduce the time that your license may be suspended following a conviction.

Contact

Contact Providence DUI Lawyer Roy Munns to fight your DUI charges in court today at 401-229-5544. Hiring the right Providence DUI lawyer is crucial to the outcome in a courtroom.

Rory's Downtown Providence office is conveniently located next the J. Joseph Garrahy courthouse at 127 Dorrance St Providence, RI 02903.

Providence RI DUI Office

Providence DUI Lawyer

Criminal Defense Attorney Rory Munns
127 Dorrance Street Providence , RI 02903
Phone: 401-229-5544