Aggressive Providence DUI Defense Lawyers Ready To Fight For You
Driving while intoxicated kills thousands of people every year. Nevertheless, it makes no sense to convict innocent people of this offense or to exaggerate a driver’s level of intoxication in order to win an inappropriate DUI conviction. Unfortunately, well-meaning organizations such as Mothers Against Drunk Driving (MADD) have sometimes stimulated overzealous responses to the nation’s DUI problem.
Here at Kilroy Law Firm, our experienced Providence DUI attorney knows that even if you have been charged with DUI, a conviction is not necessarily a foregone conclusion. The following are only a few of many possible defenses against a Rhode Island DUI charge:
- The mistake of fact: This defense might apply if, for example, a motorist reasonably believes that the intoxicating effect or a prescription medication had already worn off.
- Involuntary intoxication: This defense might apply if you become intoxicated without your knowledge – if someone “spiked” your drink, for example.
- Improper police stop: This defense might apply if the police discovered your intoxication during a traffic stop, but they had no valid reason to stop you in the first place.
- Improper administration of a field sobriety test, a breathalyzer test, or a blood test.
- The “rising BAC” defense: This defense might apply if you drank quickly and heavily immediately before you began driving. If you did, your Blood Alcohol Concentration (BAC) might have been rising at the time you were pulled over by the police. Although your BAC might have been over the legal limit at the time you were tested, it might have been below the legal limit when you were driving.
For more information, speak with our Providence DUI lawyer now.
Our Client Says…
Nothing but good things to say about this firm. Noah Kilroy is amazing.
– Steve Haworth
Related Practice Areas
In addition to DUI defense, we also handle cases in the following related practice areas:
- Criminal charges defense
- Gun Crimes
- Parole Representation and Post-Conviction Relief
- Prison Consultation
- DUI and OUI
- White Collar Crimes
- Domestic Violence
- Drug Crimes
- Theft Crimes
- Sexual Crimes
- Assault and Battery
We also practice in the areas of family legal matters and personal injury.
Frequently Asked Questions (FAQs)
What is a “chemical test”?
A chemical test is a test for the presence of intoxicants in your bloodstream (not necessarily limited to alcohol), such as a breathalyzer, blood, or urine test. Failing a chemical test provides the prosecutor with strong evidence against you.
What happens if you refuse a chemical test in Rhode Island?
In recent years, Rhode Island has increased the penalties for refusing a chemical test. If you were over 21 at the time you refused, first-offense penalties include:
- A fine of $200 to $500;
- Various other fees such as court costs;
- Community service of 10 to 60 hours;
- Suspension of your driver’s license for six months to a year; and
- Mandatory participation in a substance abuse counseling program.
Can I be convicted of refusing a chemical test even if I am acquitted of DUI?
Yes, you can. In fact, some people are acquitted of DUI only because they refused a chemical test. It is also possible for Rhode Island to win convictions for both DUI and refusing a chemical test if the prosecutor can muster other evidence of DUI, such as:
- a booking video;
- the results of a field sobriety test; and
- the arresting officer’s testimony concerning the way you were driving immediately before you were pulled over.
Is there a statute of limitations on DUI charges in Providence?
Almost all legal cases have statutes of limitations that apply. The statute of limitations is the timeframe within which the State may bring criminal charges against someone or a person can file a lawsuit after suffering an injury caused by someone else. For instance, in a personal injury civil case, you have three years from the date of injury to file a lawsuit, or the matter is forever barred. There are some exceptions, but that is the general rule.
In Providence, Rhode Island, the vast majority of criminal charges have a three-year statute of limitations. So, for instance, if you committed petit theft at a department store, the prosecutor must file charges against you within three years or they are forever barred from initiating criminal proceedings against you.
Now, that being said, there are exceptions. In our state’s criminal statute of limitations rules, there are some crimes that can be prosecuted regardless of the number of years that have passed since the crime was committed. For instance, homicide has no statute of limitations and can be brought regardless of the number of years that have passed since the death. Then, other crimes such as receiving stolen goods and some forms of embezzlement or fraud have a 10 year limitation period.
But DUI, whether it is a misdemeanor or felony DUI, has the general three-year limit wherein the state can file charges against you. After that period has run, the prosecution is forever barred.
My drivers’ license was issued by another state. Does Rhode Island have the authority to suspend my license if I am convicted of DUI?
No, they don’t. What they can do, however, is (i) ban you from driving in Rhode Island and (ii) notify your home state of your DUI conviction in Rhode Island. As long as your home state is a member of the Driver License Compact (and maybe even if it isn’t), your state will suspend your license in accordance with its own law, not Rhode Island law. The penalties could be more lenient or more severe than Rhode Island penalties.
Georgia, Wisconsin, Massachusetts, and Tennessee are not members of the Driver License Compact.
Decisive Action Is a Necessity When You Are Facing a DUI Charge
Noah J. Kilroy, a trusted Providence DUI lawyer, knows how prosecutors think, for a very good reason: He once worked as a prosecutor himself, seeking criminal convictions against people a lot like you. Now that he has switched sides to become a criminal defense legal team, his insight into the minds of prosecutors benefits him, and his clients, every single day.
Being charged with a crime is a big deal, even if it is “only” a misdemeanor. Don’t allow the glue of circumstance to harden under your feet. Contact the Providence DUI attorney at Kilroy Law Firm, either online or by telephone, for a free initial consultation. Start fighting back today!