Lamountain Law Blog

Rhode Island Breathalyzer Refusal Penalties

Published 03/10/2020

Rhode Island Breathalyzer Refusal Penalties First Offense Civil Offense (Not Criminal) Fine $200-$500 Community Service 10 - 60 Hours Loss of License  6 Months up to 1 Year DUI School or Alcohol or Substance Abuse Counseling $500 Highway Assessment Fee $200 Dept. of Health Fee Second Offense Within 5 Years - Alcohol Refusal Misdemeanor Charge (criminal) Up to 6 Months in Prison Fine $600 - $1,000 Community...

Failed Breathalyzer Test, You Can Still Beat a DUI Charge

Published 02/19/2020

Failing a Breathalyzer Test does not mean you must plead Guilty to a DUI. The Law Office of Matthew L. LaMountain has years of handling DUI cases. As a former State DUI prosecutor and now a Rhode Island DUI Defense Attorney, I have handled thousands of DUI’s and Breathalyzer Refusal cases. My background and experience will...

Rhode Island DUI Penalties

Published 02/05/2020

Penalties for DUI DUI .08-.10 & Belief that Operator was Under the Influence of a Controlled Substance Up to One (1) Year in Prison Fine $100-$300 $500 Highway Assessment Fine Loss of License 30 days up to 180 days Community Service 10-60 hours DUI School or Substance Abuse Counseling DUI .10-.15 or Blood Alcohol Unknown Up to One (1) Year in Prison Fine $100-$400 $500...

The Colin Foote Act

Published 01/19/2020

Have you received four tickets within the past 18 months? If so, you may lose your license up to 2 years.      The Colin Foote Act allows a Judge or Magistrate at the Rhode Island Traffic Tribunal to take away your license if they determine your continued operation of a motor vehicle would pose a substantial...

Breathalyzer Refusal - What Does the State Have to Prove?

Published 01/18/2020

What Does The State Have to Prove To Convict You of Breathalyzer Refusal in Rhode Island? Rhode Island Law gives you the right to have a speedy hearing to contest these charges. You have a right to have a hearing within 15 days. At that hearing the State needs to present evidence of the following: (1) The...

RI Breathalyzer Refusal Penalties

Published 01/15/2020

Rhode Island Breathalyzer Refusal Penalties First Offense Civil Offense (Not Criminal) Fine $200-$500 Community Service 10 - 60 Hours Loss of License  6 Months up to 1 Year DUI School or Alcohol or Substance Abuse Counseling $500 Highway Assessment Fee $200 Dept. of Health Fee Second Offense Within 5 Years - Alcohol Refusal Misdemeanor Charge Up to 6 Months in Prison Fine $600 - $1,000 Community Service...

Rhode Island Tree Laws

Published 01/13/2020

They say the best neighbor is a big fence. But what happens when your neighbor’s tree causes damage or potential damage to your property? What rights do you have? Neighbors often squabble over “no mans land,” the area between neighboring properties. Often leading to simmering hostilities between neighbors that can last for years and sometimes decades. Rhode...

Rhode Island Lemon Laws

Published 01/11/2020

Lemon Laws in Rhode Island- Know Your Rights The Rhode Island General Assembly has passed laws which force car dealers to provide an adequate warranty of liability for vehicles sold.  You may know of this requirement by a different name “Lemon Law.” If you buy or lease a new car from a dealer, and it...

Criminal Offenses Resulting in Revocation of Drivers License

Published 01/08/2020

What Criminal Offenses Will Cause Me To Lose My Drivers License?      Your license will be immediately revoked upon receipt by the division of motor vehicles of a record of the operator's final conviction for any of the following offenses and the term of revocation shall be for the periods enumerated: Manslaughter resulting from the operation of...

DWI - DUI's Penalties for Drivers Aged 18-21

Published 01/05/2020

Arrested for a DUI and you are between the ages of 18 and 21. What penalties can you face?      A person under the age of 21 but at least eighteen 18 years of age who takes a breathalyzer test, shall be determined to have been driving while impaired if the test determines the person's blood...