WHAT HAPPENS WHEN DRUNK DRIVERS GET CAUGHT?

What constitutes 'drunk driving"?

Driving under the influence of alcohol, as it is usually called, is probably one of the most commonly committed crimes. Yet, the crime is often committed by non-criminal types-respectable members of the community who have never before had any trouble with the law. The driver of a motor vehicle need not be "drunk" to be convicted of operating or driving under the influence of alcohol. All that need be shown is that the driver or operator is affected by the alcohol to the extent which renders him or her incapable of safely operating a motor vehicle. A person may not seem to be "drunk" but if his or her reflexes have been impaired by drinking, he or she can be convicted for driving under the influence. Under Rhode Island law, there is no requirement that the driving be on a public road. A person may be convicted for operating or driving a vehicle anywhere in the state. It is conceivable that someone could be convicted for driving under the influence while he or she was pulling in or backing out of a private driveway or driving in a parking lot. All that need be shown is that the person was driving and was under the influence of an intoxicating liquor to a degree that rendered the driver incapable of safe operation at the time he or she was driving.

Under Rhode Island's drunk driving law, a person can also be found guilty of driving under the influence if at the time of driving, he or she had a blood alcohol content of . 1 0 or more. The blood alcohol content becomes the crime itself. Our new law is known as a per se law.

What happens if I am stopped by the police for driving under the influence?

if a police officer has reasonable grounds to believe that you are operating a motor vehicle while under the influence of an intoxicating liquor, he/she may ask you to perform certain tests, known as field sobriety tests, to determine whether you are actually under the influence of an intoxicating liquor. The field sobriety tests vary in number and kind and each police department favors certain tests over others. The standardized field sobriety tests consist of the "one-leg stand" test, the "walk and turn" test, and the "horizontal gaze nystagmus" test. After completion of the field sobriety tests, the police officer may, based upon his or her observations, arrest you for driving under the influence, advise you of your constitutional rights and ask you to submit to a chemical test. Most police departments in Rhode Island use a breath test, although the police actually have the option of giving you either a breath test, a urine test, or a blood test. Under Rhode Island law, you have the right to refuse to take any of the chemical tests.

What happens if I refuse to take a chemical test?

In Rhode Island, anyone who operates a motor vehicle is deemed to have given his/her consent to take a chemical test if a police officer reasonably believes that person is driving under the influence of an intoxicating liquor. The following administrative as opposed to criminal, penalties will be imposed after a hearing if you refuse to take a chemical test and are a first-time offender:

A. a minimum fine of $200-$500;

B. a highway assessment fee of $500;

C. a criminal/juvenile justice information system's fee of $147;

D. 3 to 6 months loss of license;

E. 1 0 to 60 hours of community service; and

F. attendance at a special course for those convicted of driving while intoxicated.

in addition, after the suspension period has expired you will have to pay a reinstatement fee and additional assessments prior to license reinstatement. The administrative penalities are mandatory and cannot be suspended or reduced by an Administrative judge. There are further and stricter penalties for subsequent violations for the same offense.

Some police departments are satisfied with an administrative conviction for refusal to submit to a chemical test. Other police departments prosecute criminally for driving under the influence even without the benefit of a breath, blood or urine test evidence. Some police departments will prosecute a suspected drunk driver both administratively (for refusal) and criminally (for DWI).

What happens if I agree to take a chemical test?

As previously stated, most police departments use breath testing equipment to test the amount of alcohol in a person's blood. The machines test the amount of alcohol a person has in his or her lungs, and make a mathematical computation to convert breath alcohol to blood alcohol.

If you agree to take the test the police will have a certified breath test operator utilizing certified breath-testing equipment. The breath test consists of two phases, that is, two separate readings are taken at least 30 minutes apart. If your blood-alcohol content (BAC) level is . 1 0 or greater, the police have strong rebuttal evidence of your guilt of driving under the influence. At trial, the court is allowed to draw the inference that BAC at the time you were driving was the same as when the test was administered. If you agree to take the breath test, the police must advise you of your right to have an additional test taken at your own expense, and the police must give you reasonable opportunity to exercise this right. In addition, in both refusal cases and in drunk driving cases, the police must advise you immediately after your arrest of your right to be examined by a physician of your choosing at your expense.

What happens if the readings indicate that I am intoxicated?

In Rhode Island chemical test readings of .1 0 or more are sufficient, without any further evidence, to sustain a conviction for driving under the influence of alcohol. You-, of course, have the right to present evidence to rebut any evidence of intoxication including evidence which rebuts or calls into question the chemical test result. This rebuttal evidence can take many forms and an attorney should be consulted with respect to preparing a defense on any charge of driving under the influence.

What happens if I am found guilty of driving under the influence?

Driving under the influence is a criminal offense. The minimum penalties for driving under the influence are as follows:

A. a fine of $100-$300;

B. 1 0 to 60 hours of community service;

C. 3 to 6 months loss of license and/or up to one year in jail;

D. a $500 highway assessment fee;

E. a criminal/juvenile justice information system's fee of $147.00; and

F. attendance at a special course for those convicted of driving while intoxicated.

There are stricter penalties, including a mandatory jail sentence, for second and subsequent violations and convictions.

All of the criminal penalties, including jail sentences for second and third convictions, are mandatory and cannot be suspended or reduced by a judge.