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Rhode Island drunk driving
laws use the acronym OUI, which stands for
Operating Under the Influence of alcohol or
drugs. Rhode Island OUI charges can be prosecuted
under two theories. The first may be prosecuted by proving
that the driver is mentally or physically impaired
by consuming alcohol and/or drugs. The second theory, and most common, is to show the driver was driving
with a blood alcohol content (BAC) of .08%
or higher, in violation of Rhode Island law.
In order to prove a Rhode Island
OUI with the "under the influence" theory, the prosecution
must prove that the driver was under the influence
by introducing evidence of impaired driving
patterns, poor performance on field sobriety
tests, the physical appearance of the driver, and possibly
chemical test results. This type of charge relates
entirely to the condition of the driver as
being impaired.
Under the second theory, prosecutors will
try to prove a"per se" violation by showing
that, at the time of driving, the defendant had a BAC of .08% or higher.
It is not necessary to prove that the driver was impaired. This theory
is based solely on body chemistry.
It should be noted that standardized field
sobriety tests are only valid if they are
administered in a prescribed and standardized
manner.
If any of these elements are changed, the
validity of the field sobriety test is compromised.
It is essential to obtain an experienced
OUI defense lawyer who will be able to ascertain
if the arresting officer varied from the
way in which the tests are supposed to be
administered, and therefore, unreliable to
demonstrate impairment if not entirely inadmissible
in court.
Another important aspect to know about Rhode
Island OUI law is that refusing to take the
chemical test following arrest for OUI or
DUI carries its own criminal penalty. This
penalty can include fines, community service,
license suspension, OUI educational classes,
and other sanctions. In addition, the prosecutor
may seek to introduce evidence of the refusal
as consciousness of guilt.
Prior convictions under Rhode Island OUI
law have an impact on the punishment imposed
for the present conviction. If the accused
has suffered a prior conviction for a similar
crime, or commits a similar crime in the
future, the punishment will be increased.
In addition, Rhode Island has a “look
back” period of 5 years, which means
that if the prior offense is older than 5
years, it does not count for purposes of
enhancing a current OUI or drunk driving
charge.
Generally, most Rhode Island OUI charges
are misdemeanors. However, it should be noted
that a third OUI offense within 5 years is
a felony. Additionally, Rhode Island OUI
penalties are enhanced for OUI convictions
where the blood alcohol content is .15% or
higher.
OUI/DUI punishment in Rhode Island can include
fines, jail, community service, alcohol education
programs, and the possibility of an ignition
interlock device which can be installed in
each car the OUI offender has access to.
There is also the possibility that a Rhode
Island OUI conviction will result in a separate
Rhode Island Division of Motor Vehicles license
suspension. License suspensions are 90 days
for a first offense, 3 years for a second offense
within 10 years, 5 years for a third offense
within 10 years, and 7 years for a fourth offense
within 10 years.
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