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DRE Testimony in Marijuana DUI Drug Trials in Rhode Island

With the legalization of recreational use of marijuana in Rhode Island, many have wondered what impact it may have on cases involving driving under the influence (DUI) of drugs, specifically driving under the influence of marijuana. Our Rhode Island criminal defense attorneys have studied the new marijuana laws and have analyzed its repercussions on DUI’s. Read more below to...

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What is the Process for DUI in Rhode Island?

If you or someone you know has been arrested and charged with Driving Under the Influence in Rhode Island, it is very important that you be familiar with each step of the process so that you are comfortable navigating the court system.  The following three steps are common in any RI DUI case: Arraignment Pre-trial Conference(s) Trial Arraignment After...

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RI Expands Hardship Licenses and Ignition Interlock Systems for DUI with Drugs

Prior to 2017, motorists convicted of Driving Under the Influence (DUI) or a Chemical Test Refusal would face lengthy license suspensions.  Then, in 2017, Rhode Island allowed motorists to drive after a DUI with a hardship license and/or with the installation of an ignition interlock device.  However, these instances were limited to those motorists who were found to be...

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DUI Dismissals and Amendments – Part 3 of 3 in the 2021 RI DUI Blog Series

After nearly a decade of successfully defending clients charged with Driving Under the Influence (DUI) in Rhode Island, the criminal charges defense lawyers at Abilheira Law, LLC have been asked many of the same questions by their clients. As a result, we have put together a three-part DUI series, answering some of the most common RI DUI questions. Over...

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| Read Time: 3 minutes | DUI

First Offense DUI’s in Rhode Island – Part 2 of 3 in the 2021 RI DUI Blog Series

After years of defending clients charged with Driving Under the Influence (DUI) in Rhode Island, our attorneys have heard similar questions time and time again. As a result, we have put together a three-part DUI series, answering some of the most common RI DUI questions. In this second blog of the series, we will discuss first offense DUI’s in...

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| Read Time: 5 minutes | DUI

DUI Arraignments in Rhode Island

Part 1 of 3 in the 2021 Blog Series As experienced driving under the influence (DUI) lawyers in Rhode Island (RI), our attorneys tend to hear the same questions time and time again. As a result, we have put together a three-part DUI series, answering some of the most common questions. In this first blog, we will discuss DUI...

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Are DUI Checkpoints Constitutional in Rhode Island?

DUI checkpoints (also known as “mobile checkpoints” or “roadblocks”) are traffic stops not prompted by individual suspicions by police. In Michigan Dept. of State Police v. Sitz (1990), the United States Supreme Court upheld the constitutionality of DUI checkpoints. In that case, the Court ruled that the “degree of intrusion” resulting from sobriety checkpoints does not exceed the danger...

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Do I Have a Choice in the Type of Chemical Test—When an Officer Requests DUI Testing?

In Rhode Island, when a police officer has reasonable grounds to believe that a motorist has been driving under the influence, they may ask the motorist to submit to a breath test, a urine test, or a blood test. Of these three tests, breathalyzers are the most common.  However, with the increase in “drugged” driving, blood and urine tests...

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Can Police Order a Blood Test Without A Warrant When A Driver Is Unconscious and Cannot Be Given A Breath Test?

On June 27, 2019, the Supreme Court of the United States (“SCOTUS”) answered yes. This issue came before SCOTUS in the case of Mitchell v. Wisconsin, where police came across a visibly intoxicated Wisconsin driver, identified as Gerald Mitchell. A preliminary breath test at the scene indicated Mitchell’s blood-alcohol content (“BAC”) was three times the legal limit (reading 0.24%)....

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Rhode Island to Decriminalize Blood Test Refusals

Last year, the United States Supreme Court in Birchfield v. North Dakota, ruled that individuals could not be prosecuted criminally for refusing to submit to a blood test. Currently, Rhode Island law criminalizes second and subsequent blood test refusals, which is unconstitutional after the Birchfield decision. In response to the Supreme Court’s decision, the Rhode Island General Assembly is...

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