Callaghan & Callaghan – Attorneys – Rhode Island

 

 

Call (401) 294-4555

 

 

3 Brown Street
Wickford, RI 02852

DUI Breathalyzer Refusal Defense

If you see this in your rearview mirror, call Callaghan & Callaghan (401) 294-4555

The attorneys at Callaghan & Callaghan, James M. Callaghan and Matthew F. Callaghan Jr., are both former prosecutors. Today we use that experience to achieve the best results for our clients in all Rhode Island DUI arrests.  We have defended and prosecuted hundreds of DUI/Breathalyzer Refusal matters across the state. Through that experience we understand all facets of the applicable DUI/Breathalyzer statutes, regulations, and case law. We draw on that knowledge to effectively communicate with police, prosecutors, and judges. By working closely with every client we achieve optimal results in all DUI/Breathalyzer Refusal cases.

Our trial attorneys have vast experience in all DUI related charges.

DUI and Breathalyzer Refusal cases are complicated. Rhode Island DUI and Breathalyzer statutes require law enforcement to follow very specific protocols. Even the slightest omission or seemingly small oversight by the police could be the key to a successful defense. The attorneys at Callaghan & Callaghan have the expertise and experience to provide the highest quality legal defense in any DUI or Breathalyzer Refusal matter.

A routine laned roadway violation, the odor of alcohol, and bloodshot – watery eyes can be a driver’s worst enemy. If observed during a traffic stop, the combination of those factors could result in a loss of driving privileges, hours of community service, hundreds of dollars in fines, and even jail time. But that does not have to be the case.

As a Special Assistant Attorney General, James M. Callaghan, participated in instruction and lectures of incoming Rhode Island police cadets on DUI and Breathalyzer prosecutions.  The classes instructed future officers on the specific demands and requirements involved in all alcohol related stops, investigations, and trials.

Callaghan & Callaghan utilizes their unique experience as both prosecutors and defense attorneys. We draw on years of trial practice to provide the best strategies for successful defense of any alcohol related arrest. We carefully analyze police reports, lab reports, and the relevant case law to tailor the best defense strategy for the specifics of each alcohol related arrest.

Callaghan & Callaghan understands that every DUI case demands a detail oriented and aggressive defense. 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), and if a driver refuses to submit to chemical test as a result of the same traffic stop, 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/Breathalyzer Refusal cases demand that police officers write their reports with great care and detail. Analysis of police reports by an experienced DUI attorney is essential. An attorney must be able to identify and expose mistakes made in police reports. The attorneys at Callaghan & Callaghan ensure will make sure that police reports include the identifiers for reasonable suspicion for the stop. The absence or misstatement of any indicia of alcohol (bloodshot/watery eyes, odor of alcohol, flushed face) could result in a dismissal. Additionally all police reports must include detail of  all failures in field sobriety tests (walk and turn, one legged stand, HGN test).  Check out our recent post regarding the intricacies and inherent difficulties presented by FST’s (Field Sobriety Tests): DUI Arrests: The science behind field sobriety tests

Each and every aspect and detail of a DUI/Breathalyzer Refusal could hold the key to unlocking a weakness in a drunk driving prosecution.

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

Recent Success:

Washington County:

  • Charge: DUI 1st Offense BAC Above .15
  • Result: Amended to DUI 1st Offense Balance Unknown

Kent County:

  • Charge: DUI 1st Offense Balance Unknown
  • Result: Dismissed

Washington County:

  • Charge: DUI 1st Offense Balance Unknown
  • Result: Charge amended to Reckless Driving

Washington County:

  • Charge: DUI 1st Offense Balance Unknown
  • Result: Charge amended to DUI Balance .08-.10 (minimum sentence imposed)

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 31-27-2.1

  • 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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