RI DUI Attorney

Choosing an attorney is an important step in protecting yourself and your legal rights. There are major stakes at play. A potential criminal conviction including possible jail time. Additionally, you face suspension of your driver’s license which will undoubtedly affect numerous aspects of your daily life. You need to act fast to preserve precious evidence that could lead you to restoring your life.

Why Hire The Law Office of Matthew L. LaMountain?

As a practicing attorney and former State DUI prosecutor, I have handled hundreds of DUI’s and Breathalyzer Refusal cases. As an experienced Rhode Island DUI and Refusal attorney, I will review your case to look for any oversights by the arresting department due to the technical nature of these cases. I will look for other evidence that will help defend your rights. I will meet with you and thoroughly go over the evidence the police have against you. We will discuss our strategies and formulate a plan to attack these charges. I will use this information to advocate on your behalf for a dismissal or reduced charge.

Call Now For A Free Consultation

401-699-8601

We serve clients throughout Rhode Island, including Providence, Cranston, North Providence, West Warwick, East Greenwich, Pawtucket, Coventry and all of Providence County, Kent County, Newport County, and Washington County.

For additional information on DUI and Refusal Cases please see my blog about the various issues regarding these matters.

 

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 Highway Assessment Fine
  • Loss of License 3 months up to 1 year 
  • Community Service 10 - 60 hours
  • DUI School or Substance Abuse Counseling

DUI > .15  or Blood or Urine Presence of a Controlled Substance

  • Up to One (1) Year in Prison
  • Fine $500
  • $500 Highway Assessment Fine
  • Loss of License 3 months up to 18 months
  • Community Service 20 - 60 hours
  • DUI School or Substance Abuse Counseling

Second Offense DUI Within Five Years

 

DUI .08- .15 / Blood Alcohol Unknown / Blood or Urine Presence of Controlled Substance

  • Mandatory 10 days in Prison and up to One (1) Year in Prison
  • Fine $400
  • $500 Highway Assessment Fine
  • Loss of License 1 year to 2 years
  • Alcohol or Substance Abuse Counseling

DUI >.15 / Belief that Under Influence of Controlled Substance

  • Mandatory 6 months in Prison up to 1 Year in Prison
  • Fine  $1,000 minimum
  • $500 Highway Assessment Fine
  • Loss of License 2 years
  • Alcohol or Substance Abuse Counseling

Third Offense DUI Within 5 Years

 

DUI .08 -.15 / Blood or Urine Presence of Controlled Substance

  • Felony Charge
  • Mandatory 1 Year in Prison and up to 3 Years in Prison
  • Fine $400
  • $500 Highway Assessment Fine
  • Loss of License 2 Years to 3 Years
  • Alcohol or Substance Abuse Counseling
  • Judge Can Order Defendant's Motor Vehicle Sold and Funds Sent to Rhode Island General Fund

DUI >.15 / Belief that Under Influence of Controlled Substance

  • Felony Charge
  • Mandatory 3 Years in Prison and up to 5 Years in Prison
  • Fine $1,000 minimum up to $5,000
  • $500 Highway Assessment Fine
  • Loss of License 3 Years from Completion of Sentence
  • Alcohol or Substance Abuse Counseling
  • Judge Can Order Defendant's Motor Vehicle Sold and Funds Sent to Rhode Island General Fund

DUI While License Suspended for DUI

  • Felony Charge
  • Up to 3 Years in Prison
  • Fine up to $3,000
  • Alcohol or Substance Abuse Counseling

DUI (Driver Over 18) With Child Under 13 in Motor Vehicle    (First Offense)

  • Immediate License Suspension
  • Up to 1 Year In Jail
  • Up to $1,000 Fine

DUI (Driver Over 18) With Child Under 13 in Motor Vehicle (Second Offense)

  • Felony Charge
  • Up to 5 Years in Prison
  • Up to $5,000 Fine
  • $500 Highway Assessment Fine
  • Loss of License up to 2 Years
  • DUI School
  • Alcohol or Substance Abuse Counseling

DUI - Driver Under 18 (First Offense)

  • Not a Misdemeanor Offense  (No Fine or Jail)
  • Loss of License 6 months up to 18 months
  • Community Service 10 - 60 Hours
  • Up to $500 Highway Assessment  Fee
  • DUI School or Alcohol / Substance Abuse Counseling

DUI - Driver Under 18 (Second Offense)

  • Loss of License until 21 Years Old
  • Up to 1 Year at Rhode Island Training School
  • Up to $500 Fine

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 60 - 100 Hours
  • Loss of License 1 Year - 2 Years
  • Alcohol or Substance Abuse Counseling
  • $500 Highway Assessment Fee
  • $200 Dept. of Health Fee

Second Offense Within 5 Years - Blood Test Refusal

  • Civil Offense
  • Fine $600 - $1,000
  • Community Service 60-100 Hours
  • Loss of License 2 Years
  • Alcohol or Substance Abuse Counseling
  • $500 Highway Assessment Fee
  • $200 Dept. of Health Fee

Third Offense Within 5 Years - Alcohol Refusal 

  • Misdemeanor Charge
  • Up to 1 Year In Prison
  • Fine $800-$1,000
  • Loss of License 2 Years - 5 Years
  • Community Service 100 Hours Minimum
  • Alcohol or Substance Abuse Counseling
  • Mandatory Hearing To Get License Reinstatement
  • $500 Highway Assessment Fee
  • $200 Dept. of Health Fee

Third Offense Within 5 Years -Blood Test Refusal

  • Civil Offense
  • Fine $800-$1,000
  • Loss of License 2 Years - 5 Years
  • Community Service 100 Hours Minimum
  • Alcohol or Substance Abuse Counseling
  • Mandatory Hearing To Get License Reinstatement
  • $500 Highway Assessment Fee
  • $200 Dept. of Health Fee

 

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