Callaghan & Callaghan – Attorneys – Rhode Island

 

 

Call (401) 294-4555

 

 

3 Brown Street
Wickford, RI 02852

RI DUI Attorney

RI DUI Attorney

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

The RI DUI Attorneys at Callaghan & Callaghan understand that any alcohol related driving offense can affect a person’s driving license, criminal record, family life, and employment. Police departments in Rhode Island aggressively pursue DUI DWI OUI cases. These kinds of cases are complicated. But those complexities force police officers to meet a number of exacting standards. Every stop does not meet each of the requirements laid out by statute and regulation. Defending drivers arrested in those alcohol related stops demands careful legal analysis and superior courtroom advocacy. Callaghan & Callaghan has the knowledge experience to effectively navigate the complexities of all aspects of a DUI DWI OUI charge.

Over the past decade Rhode Island has made concerted efforts to reduce drunk driving. Although drunk driving checkpoints are not allowed in Rhode Island, at different points in the year, police departments ramp up their DUI OUI DWI pursuits. Callaghan & Callaghan understands the intricacies of all DUI/DWI/OUI stops, arrests, and prosecutions.

The attorneys at Callaghan & Callaghan, Matthew F. Callaghan Jr., and James M. Callaghan, formerly prosecuted DUI/Breathalyzer refusal matters for the town of Narragansett and the State of Rhode Island respectively.  Callaghan & Callaghan will examine your case with the eye of the prosecuting authority. Through an in depth and exhaustive review of all the police reports, witness statements, and chemical test results we will identify issues may result in a favorable disposition of a DUI charge.

Every DUI 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).

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 is considered a civil penalty and 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. 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.

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 Baland .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 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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