Massachusetts DUI Attorney Blog

Rhode Island is taking steps to be more aggressive in identifying and prosecuting drivers who are operating under the influence of drugs, the Providence Journal reported.

Some states utilize "drug recognition experts" to question drivers who may be under the influence of something other than alcohol. Other states require a blood test in the wake of a fatal accident. But Rhode Island law requires probable cause -- reason to believe there is impairment -- before additional measures, such as a blood test, can be undertaken. With increased police training of officer to become drug recognition experts, cases of DUI drug arrests are likely to increase in Rhode Island. These cases can often be difficult for the State to prove as a Rhode Island criminal defense lawyer can challenge the admissibility of drug recognition testimony as scientifically unreliable and can challenge the basis of the officer's opinion that a motorist was under the influence of drugs.

A Rhode Island DUI lawyer should always represent a DUI defendant, particularly in cases where a serious or fatal accident is involved. And law enforcement should have reason to believe a crime has been committed before they are permitted to order invasive drug testing or otherwise invade your privacy.

The International Association of Chiefs of Police recommends that drug-recognition experts examine all fatal crashes. The program began in California in the 1970s. That state now has about 1,000 so-called experts. Arizona has about 500 and all six New England states began the year with a total of 240.

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A Rhode Island Superior Judge ruled that breathalyzer test results should be suppressed from evidence at a DUI trial in a January 27, 2009 decision. The case was State v. Cote, where the judge ruled that because the defendant refused to submit to a preliminary breathalyzer test, that the defendant could not be asked to submit to a breathalyzer test at the police station. Under the language of the Rhode Island breathalyzer refusal statute, 31-27-2.1, once a defendant refuses a breathalyzer test, no test shall be given.

The trial judge reviewing the plain language of the Rhode Island breathalyzer refusal statute, 31-27-2.1, which states that if a defendant refuses a breathalyzer test, none shall be given, and held that the language of the statute precludes the police from offering a breathalyzer test once a motorist refuses to submit to a preliminary breathalyzer test. As a Rhode Island DUI lawyer, this ruling is significant as it could result in the exclusion of breathalyzer test results. Since the decision is from a superior court judge and not the Rhode Island Supreme Court, other judges may decline to follow the decision.

Continue reading "Rhode Island DUI lawyers may be able to exclude breathalyzer test results based on recent court ruling" »

Rhode Island DUI law imposes a civil penalty for a first offense refusal to submit to a breathalyzer test. If a motorist refuses a breathalyzer for a second time within five years, the current law imposes a criminal penalty.

However, this law can be challenged on a number of grounds. First, a strong argument can be made that a court cannot enhance a sentence based on a civil finding that is not proven beyond a reasonable doubt. In a case called, Apprendi v. New Jersey, 530 U.S. 466 (2000), the United States Supreme Court held that the that due process clause of the Fourteenth Amendment requires that any factor that increased the maximum penalty for an offense must be charged in an indictment and submitted to a jury and proven beyond a reasonable doubt. An exception to this rule is a prior conviction. However, a First Offense Refusal to Submit to a breathalyzer test should not constitute a prior conviction because a motorist charged with a breathalyzer refusal does not have a right to a jury trial and the State does not have to prove the case beyond a reasonable doubt but only by clear and convincing evidence.

In addition, the Rhode Island breathalyzer refusal law is open to challenge in that it criminalizes a motorist for exercising his or her privilege against self-incrimination.

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A 47-year-old Rhode Island woman is being extradited to Massachusetts, where she will face drunk driving charges, The Sun Chronicle reported.

Massachusetts State Police have charged the defendant with operating under the influence of alcohol, second offense, and operating under the influence resulting in serious injuries, negligent operation, speeding and a marked lanes violation.

The Massachusetts drunk driving charges stem from a weekend car accident in Foxboro.

Anyone facing charges for a repeat-violation of Massachusetts drunk driving laws, should contact an experienced Boston OUI defense lawyer. Repeat offenders face hefty fines and longer jail time and license suspension. Being charged with drunk driving in connection with a car accident is a very serious legal matter. An experienced Boston criminal defense lawyer can help protect your rights.

In this case, the defendant's passenger remained in the hospital in serious condition on Monday. The 48-year-old North Attleboro man was thrown from the defendant's truck as a result of the accident, which occurred on I-95 shortly before 5 p.m. on Saturday.

The driver lost control of the truck on the highway's southbound lane, careened across all three travel lanes and struck a tree in the median, the Providence Journal reported.

Rhode Island state police said the woman waived extradition in Sixth District Court in Providence on Monday. Police arrested the woman early Sunday at a Rhode Island Hospital, where she was treated for minor injuries after the accident.

Continue reading "Woman facing Massachusetts drunk driving charges after Foxboro accident" »

Rhode Island DUI law divides cases into two categories, cases with breathalyzer test results and breathalyzer refusal cases. When a motorist refuses a breathalyzer, generally there are two charges brought from the same incident. One is the misdemeanor criminal case for DUI in the Rhode Island District Court and the other is the civil motor vehicle offense of a breathalyzer refusal.

A Rhode Island driver faced with a breathalyzer refusal has a chance to contest the refusal at a trial in the Rhode Island Traffic Tribunal. The motorist will essentially have to win at both the Traffic court and district court to avoid any license suspension for the DUI or breathalyzer refusal.

Unlike Rhode Island, Massachusetts has a more complex process to challenge a breathalyzer refusal suspension. Rather than giving the motorist a date for arraignment and trial, Massachusetts puts the burden on the motorist to go to the Registry in Boston within 15 days to contest the refusal. In Massachusetts, the motorist will only have one court date to appear in the district court to face the DUI, also referred to as OUI charge.

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