RI DUI Lawyer Giving You a Fighting Chance

RI DUI Lawyer

Drunk Driving Attorney Rhode Island

Arrested for DUI in Rhode Island? Take immediate steps to protect your driving privileges and record. When you choose The Law Office of Thomas C. Thomasian, Esq., you can be confident that you have made the right choice. Tom, our founding RI DUI attorney, and his firm have an in-depth knowledge of criminal law and may be able to help you avoid the maximum penalties associated with your charge. Let us fight for you during the RI DUI process. We are experienced in handling DUI cases all over Rhode Island and taking them to trial if necessary.‚Äč

Penalties for subsequent offenses are harsher and can include longer jail time and the installation of an ignition interlock device. Don't make the mistake of thinking you can defend yourself or that your prosecutors will be lenient. Take immediate action and seek the help of The Law Office of Thomas C. Thomasian, Esq. before it is too late.

Call us at (401) 312-4385 or contact us online today.

Types of DUI Cases We Handle in Rhode Island

At The Law Office of Thomas C. Thomasian, Esq., we recognize the stakes are high in a DUI case. That is why we provide fierce representation to challenge the accusation.

Our Rhode Island DUI attorney can provide skilled legal help for various DUI matters, including but not limited to:

What Are the Penalties for a DUI in Rhode Island?

Driving under the influence is charged as either a misdemeanor or a felony. The level depends on the defendant’s criminal history. Additionally, the severity of the punishment is based on the driver’s blood alcohol concentration at the time of the offense.

Rhode Island DUI First Offense Penalties

A first offense is a misdemeanor and penalized as follows:

  • Blood alcohol concentration at .08% or above but less than .1%:
    • Between $100 and $300 in fines
    • Between 10 and 60 hours of community restitution
    • Up to 1 year in jail
  • Blood alcohol concentration at .1% or above but less than .15%:
    • Between $100 and $400 in fines
    • Between 10 and 60 hours of community restitution
    • Up to 1 year in jail
  • Blood alcohol concentration of .15% or higher:
    • $500 in fines
    • Between 20 to 60 hours of community restitution
    • Up to 1 year in jail

Rhode Island DUI Second Offense Penalties

If the second offense occurred within 5 years of the previous, the penalties are as follows:

  • Blood alcohol concentration of .08% or more but less than .15%:
    • Mandatory $400 fine
    • Between 1 and 2 years driver’s license suspension
    • Between 10 days and 1 year in jail
  • Blood alcohol concentration of .15% or above:
    • Between 6 months and 1 year in jail
    • Mandatory $1,000 fine
    • Mandatory driver’s license suspension for 2 years

Rhode Island DUI Third or Subsequent Offense Penalties

If the third or subsequent violation happened within 5 years of the prior, the offense is a felony, and conviction penalties include:

  • Blood alcohol concentration at .08% or higher but less than .15%:
    • Mandatory $400 fine
    • Between 2 and 3 years driver’s license suspension
    • Between 1 and 3 years’ imprisonment
  • Blood alcohol concentration .15% or higher:
    • Between $1,000 and $5,000 in fines
    • Between 3 and 5 years’ imprisonment
    • Mandatory driver’s license suspension for 3 years

Is There a Way Not to Lose My Driver’s License After Driving Drunk?

In Rhode Island, if you’re convicted of DUI, you may be subject to a driver’s license suspension. The way to avoid this sanction is by aggressively fighting your charge. Being acquitted of the offense means you won’t lose your driving privileges, nor will you face any other criminal sanctions.

If you are found guilty of drinking and driving and your driver’s license is suspended, you may apply for a conditional hardship license. This would allow you to drive to and from work, medical appointments, and school. Before a judge grants the hardship license, you must agree to have an Ignition Interlock Device installed on your vehicle.

What DUI Evidence Can Be Challenged?

A DUI conviction relies heavily on the evidence gathered by law enforcement at the scene of the arrest. While evidence against you may seem like an arduous obstacle to overcome in court, we are capable of challenging its legality, accuracy, and relevance.

The types of evidence that can be successfully challenged in court include:

  • Breathalyzer test: Considered as one of the most important types of evidence used in DUI cases, breathalyzer machines have proven to be unreliable in some matters. The device may not be properly calibrated or maintained, resulting in inaccurate test results. We can also challenge this type of evidence by questioning the arresting officer’s training on administering breath testing and call upon an expert witness to examine the science of the technology.
  • Field Sobriety Tests (FST): While this may seem like a test that determines the intoxication level of an individual, the purpose of a FST is to collect more evidence against you to be used in court. Legally, you have the option of not participating in these tests. However, if you do take them, we can demonstrate how subjective these tests can be. Our RI DUI attorney can assess the administration of these tests, the conditions under which they occurred, and perhaps your physical limitations.

Common Defenses Against DUI Charges in RI

If you are facing DUI charges, you may feel like you have little recourse to fight them. You have already been stopped, tested for a high blood alcohol content level, and arrested. What defense could there be? The truth is that many DUI cases get dismissed in court, and proper, incisive representation can make all the difference in the outcome of your case.

DUI arrest procedures are highly regulated, and even the slightest variation of law enforcement protocol could lead to a dismissal. These errors and oversights can often damage the validity of a criminal charge.

For example, some common weaknesses in DUI cases can include:

  • No probable cause for law enforcement stopping the vehicle
  • Unclear or incomplete Miranda rights provided
  • Poorly calibrated or maintained breathalyzer machines
  • Failure to send the driver their BAC results in at least 72 hours
  • Documenting any medical conditions that could have contributed to BAC or behavior
  • Witness accounts of a driver's condition before getting on the road

Numerous possible defenses for a DUI charge are available, and other avenues may present themselves depending on the circumstances of your case. When you obtain a DUI attorney in RI from this firm to assist with your case, you can be confident that they will identify any weaknesses and utilize these to strengthen your defense.

Work With A Top-Rated RI DUI Attorney

Tom was invited to become a member of the National College for DUI Defense® (NCDD), due to his exemplary reputation in the legal community. This group of RI DUI lawyers is comprised of only the most experienced attorneys in the country—Tom is no exception. Founded as a corporation dedicated to providing valuable information about DUI Defense Law and intent on training its members, the NCDD is seen as a highly respected organization to be a part of.

Hire an Attorney Listed in the Top 100 Criminal Defense Trial Lawyers

Tom has experience in challenging numerous DUI charges, including questioning the validity of field sobriety tests and police testimonies. Recognized as one of the Top 100 Criminal Defense Trial Lawyers in America, he can effectively defend your rights.

Tom and his firm are well-known for providing his clients with top-notch legal representation, from start to finish. He makes himself available to his clients 24/7. This kind of dedication has earned him the Avvo Clients' Choice Award for 2014, 2015, and 2016.

Call a RI DUI Lawyer to Receive a Free Consult!

The sooner The Law Office of Thomas C. Thomasian, Esq. hears from you, the sooner we can start working on your case. We would be happy to provide you with the guidance you need to make smart and informed decisions regarding your future.

Reach out to us by calling (401) 312-4385 or submitting an online contact form.

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


Additional DUI Resources:

Why Tom Is the Right Choice

  • Proven Record of Success
  • Over a Decade of Criminal Defense Experience
  • Personalized Legal Representation
  • 10.0 Superb Avvo Rating
  • Free Consultations
  • 24/7 Availability

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