Rhode Island DUI Attorney, S. Joshua Macktaz
Criminal charges are stressful and difficult to face. An experienced Rhode Island DUI attorney guides you through the process so you can move on with your life. If you are in Rhode Island and face DUI charges, contact attorney S. Joshua Macktaz. His experience as a former Rhode Island Special Assistant Attorney General taught him the ins and outs of Rhode Island DUI investigations and prosecutions. After years of prosecuting, Macktaz is now a defense lawyer who uses his knowledge to benefit his clients. He involves himself in each case his firm takes on personally and often appears by clients’ sides on their day in court.
An Aggressive Rhode Island DUI Attorney
In Rhode Island, a first time DUI offender receives First Degree Misdemeanor. This is a very serious charge, the results of which follow you around for the rest of your life. People charged with DUIs in Rhode Island face having their driver’s license suspended, heavy fines, increased car insurance rates, mandatory community service, vehicle impoundment, probation, and even up to a year in jail. And that’s only if you have one DUI. If you are a repeat offender, the penalties are worse.
DUI Laws in Rhode Island
The State of Rhode Island takes DUIs very seriously. The age of the defendant and their blood and alcohol content (BAC) at the time of arrest determine punishments. However, the DUIs laws in Rhode Island state that any DUI resulting in the death of another person is considered a felony. The following punishment guidelines reflect a DUI as defined as “any driver over the age of 21 with a BAC of .08% or higher.” People under 21 caught drinking and driving suffer more sever consequences.
- A First Time Offender with a BAC between .08-.10% receives fines anywhere from $100-$300. The state suspends their driver’s license for one to six months with a $50 reinstatement fee. 10-60 hours of community service is a common punishment as well as enrollment in the Face a Highway Safety Assessment conducted by the Community College of Rhode Island (CCRI).
- A First Time Offender with a BAC between .10-.15% receives fines up to $400. They face either a year in jail or 10-60 hours of community service. Finally, the state suspends their license for up to a year, along with the other punishments from the lower BAC first offender’s list.
- A Second Time Offender within Five Years with a BAC between .08-.15% gets anywhere from 10 days to a year in jail. The state suspends their license for up to two years and mandates alcohol and/or drug treatment for the defendant. Finally, a breathalyzer ignition interlock system is on the table for up to two years.
- A Third Time Offender within Five Years with a BAC between .08-.15% immediately receives a felony. Furthermore, they face one to three years in jail, up to three years suspension of driver’s license, certain alcohol and/or drug treatment, and an ignition interlock device after their sentence completes.
To read all possible punishments according to DUI laws in Rhode Island, click here.
What about Breathalyzer Refusal?
If you refuse a breathalyzer test after being pulled over with suspicion of driving while intoxicated, the state automatically suspends your driver’s license. The police may still arrest you as long as they read your rights and show probable cause for arrest. Furthermore, refusing to blow lowers your chances of winning your case. Funny enough, if you agree to blow into the breathalyzer your case is more difficult to prove for the prosecutor. You have a better chance if you agree to blow. Furthermore, you do not lose your license automatically if you submit. Therefore you can continue to drive while your case proceeds.
A first offense breathalyzer test refusal risks the defendant a $200-$500 fine. Also tthey must complete the Face a Highway Safety Assessment ($500 fee) conducted by the Community College of Rhode Island (CCRI) and pay an extra $200 fee to support the department of health’s chemical testing programs. The state suspends their license for up to a year. That makes it more difficult to get to their 10-60 community service hours.
If you or a loved one face DUI charges in Rhode Island, contact S. Joshua Macktaz, an experienced Rhode Island DUI attorney with a proven track record.
Call at 401.285.2226