Callaghan & Callaghan – Attorneys – Rhode Island

 

 

Call (401) 294-4555

 

 

3 Brown Street
Wickford, RI 02852

North Kingstown DUI DWI OUI Attorney

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Callaghan & Callaghan – North Kingstown DUI DWI OUI Attorneys

The North Kingstown Police aggressively pursue alcohol related driving offenses. An alcohol related traffic stop can result in jail time, loss of license, and can have an adverse effect on employment. The experienced North Kingstown DUI DWI OUI attorneys at Callaghan & Callaghan vigilantly protect the rights of all clients arrested in any alcohol related driving offense.

RECENT SUCCESS:

DUI with Readings .10-.15: Case dismissed due to violation of clients Fourth Amendment rights.

Breathalyzer Refusal: Case dismissed due to errors and omissions made by law enforcement during traffic stop.

DUI with Readings above .15: Charges amended to .08-.10.  Client received minimum sanctions.

DUI – 2d Offense: Client faced mandatory jail time. Case was amended and client received no jail time with minimum sanctions.

Our record of success in North Kingstown speaks for itself. Call (401) 284-7750 for an immediate free case consultation.

OUR EXPERIENCE:

The attorneys at Callaghan & Callaghan  have both defended and prosecuted hundreds of DUI and Breathalyzer Refusal matters. Matthew F. Callaghan Jr., and James M. Callaghan, formerly prosecuted DUI matters for the town of Narragansett and the State of Rhode Island respectively. Through that experience we have acquired a deep understanding of the applicable DUI statutes, regulations, and case law. We draw on that knowledge to effectively communicate with witnesses, police, prosecutors, and judges.

OUR APPROACH:

We combine a practical approach with zealous advocacy. By working closely with every client we achieve optimal results in all DUI DWI OUI arrests.

We will examine your case with the eye of the prosecuting authority. We are trained to identify and exploit errors and omissions made in every traffic stop. We conduct in depth and exhaustive reviews of all police reports, witness statements, and chemical test results. And in certain circumstances we conduct our own independent investigations.

CONSEQUENCES – Why you need an expert and experienced attorney:

Every DUI DWI OUI case demands an experienced and aggressive attorney. As the result of one traffic stop, the State or a town can potentially charge a driver in two separate and distinct courts.

A person suspected of driving under the influence can be charged in criminal court with Driving Under the Influence (Rhode Island General Law 31-27-2). Those cases are ordinarily heard in District Court.

In addition, if a driver refuses to submit to chemical test, charges can be filed at the Rhode Island Traffic Tribunal. That charge, Refusal to Submit to a Chemical test can be found at Rhode Island General Law 31-27-2.1.

DUI DWI OUI and Breathalyzer Refusal cases demand that police officers write their reports with great care and detail. They must ensure that they record identifiers for reasonable suspicion for the stop, any indicia of alcohol (bloodshot/watery eyes, odor of alcohol, flushed face), and they must make sure that all failures in field sobriety tests (walk and turn, one legged stand, HGN test) are duly noted. Each aspect of a DUI/Breathalyzer Refusal could hold the key to unlocking a weakness in a drunk driving case.

We also conduct our own investigations into traffic stops and arrests when necessary. Our combination of aggressive pre-trial negotiation and expert trial advocacy is unparalleled.

DUI vs. REFUSAL – Jurisdiction in North Kingstown:

Although North Kingstown is located in Washington County, their misdemeanor matters, such as Driving Under the Influence charges are heard at the Kent County Courthouse, located at 222 Quaker Lane, Warwick, RI, 02888.

North Kingstown charges for Refusing to Submit to a Chemical Test arraignments occur in South Kingstown, but the cases are heard at the Rhode Island Traffic Tribunal in Cranston, Rhode Island.

In short, DUI cases are complicated for a variety of reasons. Callaghan & Callaghan has the knowledge experience to effectively navigate the complexities of all aspects of a DUI charge.

Call Callaghan & Callaghan for an expert and experienced assessment of any alcohol related driving charge.

PENALTIES:

Rhode Island DUI Penalties: RIGL 31-27-2

  • 1st Offense – No Readings:
  • Up to one year in prison
  • 3 to 12 month loss of license
  • $100 to $400 fine
  • 10 to 60 hours community service
  • DUI school and/or alcohol or drug treatment program

1st Offense – Chemical Blood Alcohol Readings between .08%-.10%

  • Up to one year in prison
  • 30 days to 180 days loss of driver’s icense
  • $100 to $300 fine
  • 10 to 60 hours community service
  • DUI school and/or alcohol or drug treatment program

1st Offense – Chemical Blood Alcohol Readings between .10%-.15%

  • Up to one year in prison
  • 3 months to 12 months suspension of driver’s license
  • $100 to $400 fine
  • 10 hours to 60 hours community service
  • DUI school and/or alcohol or drug treatment program

1st Offense – Chemical Blood Alcohol Readings between above .15%

  • Up to one year in prison
  • 3 months to 18 months suspension of driver’s license
  • $500 fine
  • 20 hours to 60 hours community service
  • DUI school and/or alcohol or drug treatment program

Refusal to Submit to a Chemical Test – RIGL 21-27-2.1

  • 6 months to 1 year license suspension
  • $200 to $500 fine
  • 10 hours to 60 hours community service
  • DUI school and/or drug or alcohol treatment
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