Aggravated DUI in Rhode Island
Defense for High-BAC, Child Passenger, Injury & Suspended-License DUI Charges
A standard DUI charge becomes aggravated in Rhode Island when one of four specific factors is present: a blood alcohol concentration of .15% or higher, a passenger under the age of 13 in the vehicle, operating on a suspended or revoked license, or causing an accident that results in serious bodily injury or death. Each of these triggers carries its own penalty schedule, and each demands a defense built around the specific element the prosecution must prove.
These aren’t minor distinctions. The difference between a standard DUI and an aggravated charge can mean the difference between a misdemeanor and a felony, or between a short suspension and years without a license.
If you’re facing an aggravated DUI charge anywhere in Rhode Island, call me today at (401) 312-4385. I’m available 24/7 and offer free consultations.Why Retain Tom Thomasian for an Aggravated DUI
I founded The Law Office of Thomas C. Thomasian, Esq. after starting my legal career at the Rhode Island Public Defender’s Office, where I developed a close working knowledge of how the state builds and prosecutes DUI cases. I’ve been handling criminal defense for more than 12 years, appearing across every Rhode Island district and superior court.
I’m a member of the National College for DUI Defense, an organization that trains attorneys on the science and law behind impairment testing, chemical testing protocols, and field sobriety tests. That membership is directly relevant when the aggravating factor is a BAC reading because challenging how that number was obtained is often central to the defense. I’ve also been ranked among the Top 100 Criminal Defense Trial Lawyers in America and have received the Avvo Client’s Choice Award on multiple occasions.
Client Testimonials
Your Success is Our Success
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"Tom was great!"
Tom was great, he made sure I knew what to expect at all times. He was always straight foward and continued to reassure me thoughtout the court process, he made a very stressful situation as smooth as possible! Would 150% recommend him to anyone in need of a great lawyer!- Britney -
"Utmost professionalism and results."
Tom’s work on my behalf was invaluable and I am very grateful for his help and services. When I first met with Tom during our consultation, he was extremely informative, professional and reassuring. He also proved to be prescient, as the process of my situation unfolded exactly as he had told me it would. Tom was easily accessible and available for follow up and/or any questions that arose. He was able to secure great results to resolve my situation. In short, Tom was excellent! I’m lucky and grateful for the services and results!- Edward -
"Easily one of the best lawyers to work with!"
Tom was exceptional to work with, he exceeded all my expectations. He was always on time and returned my calls or messages fast! He was highly knowledgeable about the law and all the dealings and procedures of my case and all the other questions that I had for him. I highly recommend using Tom for all your legal needs. I hope to never have any legal issues again but in the case I do, I know I have a lawyer I can trust and I wouldn't go to anyone else!- Kevin -
"The BEST Attorney!!!"
I had an incident happen to me & I found Tom just by accident....He was there for me from start to finish....Can't say enough about this guy...if you are EVER in a legal situation....You will come out a better person. I have !!- Patti
How I Build an Aggravated DUI Defense
Every defense starts with a detailed account of what happened: the circumstances of the stop, what the officer observed, how field sobriety tests were conducted, and what occurred during and after the arrest. Rhode Island’s implied consent law requires a driver to submit to chemical testing when an officer has reasonable grounds to suspect DUI. Refusal carries its own administrative penalties separate from the criminal charge, so the decision made at that moment has lasting consequences that I work through with each client.
From there, I examine whether the stop itself was lawful, whether chemical testing procedures were properly followed, and whether any constitutional rights were violated during the arrest. These questions matter in every DUI case, but they carry particular weight in aggravated charges, where the prosecution’s evidence of the aggravating factor often rests on a single test result or a specific sequence of events.
- Stop and arrest review: Was the initial stop supported by reasonable suspicion? Were proper protocols followed from the moment of contact?
- Chemical testing procedures: Breathalyzers and blood draws require strict adherence to calibration, chain-of-custody, and administration rules. Deviations can affect the admissibility of the result.
- Constitutional challenges: Where rights were violated, those issues are raised directly, whether at a suppression hearing or at trial.
Get The Info You Need
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Understanding Your ChargesLearn more about the severity of your charge as it relates to the Rhode Island legal system.
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What To Do After You're ArrestedDepending on your charge, it's important to know what to expect as you move through the legal process.
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Defending Your Rights 24/7Criminal accusations can happen at anytime. Our team is available day or night to help defend your rights.
DUI Causing Serious Injury or Death: Felony Exposure in Rhode Island
When a DUI results in serious bodily injury to another person, Rhode Island charges it as a felony. A conviction carries one to 10 years in prison, fines ranging from $1,000 to $5,000, and up to two years of license revocation.
These cases are prosecuted aggressively. The evidence typically includes accident reconstruction, medical records, and witness testimony, and the prosecution will work to establish that impairment was a direct cause of the collision. My defense in injury cases examines whether causation can be proven to the required standard, whether the BAC evidence is reliable, and whether contributing factors involving road conditions, other drivers, or vehicle failure bear on the analysis.
Child Passenger Under 13: Elevated Penalties
A Rhode Island DUI charge carries a distinct and harsher penalty schedule when a child under the age of 13 was in the vehicle at the time of the offense. A conviction on this aggravating factor can result in up to five years in jail, a fine of up to $1,000, and a two-year license suspension.
This charge is brought in addition to the underlying DUI, not instead of it. Defendants facing this combination need a defense that addresses both the DUI charge and the specific evidence the state uses to establish the child’s presence. I represent clients facing this charge in Providence, Cranston, Pawtucket, Warwick, and throughout Rhode Island.
DUI on a Suspended or Revoked License
Operating under the influence while already driving on a suspended or revoked license elevates the charge to a felony in Rhode Island. The licensing history that led to the suspension becomes part of the case, and prosecutors will use it. The defense must account for both the DUI elements and the circumstances of the suspension itself.
Get a Free Consultation on Your Aggravated DUI Charge
The right time to get legal counsel involved is now, before a plea is entered and before the DMV process moves forward without a response. I offer free consultations and I’m available 24/7 to take your call.
Contact The Law Office of Thomas C. Thomasian, Esq. at (401) 312-4385 to discuss your case. I defend clients across Rhode Island.
