In Rhode Island, you can be charged with DUI if you have a blood alcohol concentration (BAC) of .08 or more. You can also be charged with a DUI if you refuse a chemical test but police suspect you are under the influence of alcohol (or drugs) to a degree that makes you incapable of safely operating a vehicle.
Typically, most DUI charges in Rhode Island are misdemeanors and therefore carry a maximum penalty of one (1) year in jail, along with several other penalties including a loss of license, fine and community service. In certain situations, a refusal to submit to a chemical test can also be charged as a misdemeanor along with your DUI related charges.
However, sometimes a DUI in Rhode Island can be charged as a felony. A felony is any crime that carries a maximum of over 1 year.
Is DUI a Felony in Rhode Island?
Some DUIs can be charged as a felony in Rhode Island. Whether you are charged with a misdemeanor or felony DUI in Rhode Island depends on your criminal history and the facts surrounding your DUI arrest.
A DUI is a felony in Rhode Island if:
- You have two (2) prior DUI convictions on your record within the past five years
- You seriously injure someone while driving under the influence
- Driving under the influence results in death of another person
Experienced, knowledgeable and effective DUI representation.
If you have been arrested for a DUI in Rhode Island, the skilled attorneys at Abilheira Law are ready to provide you with an aggressive and individualized defense. Our respected attorneys understand how much is at stake when faced with a DUI conviction and we have the resources and know-how necessary to successfully represent you.
What are the penalties for Felony DUI in Rhode Island?
Felony DUI in Rhode Island is an incredibly serious charge and carries with it significant penalties. Depending on how you are charged, you could be facing anywhere between 3 to 20 years to serve in jail along with substantial fines and lengthy license suspension.
If you are arrested for DUI and have 2 prior convictions, you may face the following:
BAC of .08-15 or BAC Unknown
- One (1) to three (3) years in jail
- $400 fine
- Two (2) to three (3) year license suspension
- Alcohol or drug treatment
BAC .15 or greater
- Three (3) to five (5) years in jail
- $1000-$5000 fine
- Three (3) year license suspension
- Alcohol or drug treatment
If you are arrested for DUI resulting in serious injury or death 1st offense
Serious bodily injury
- One (1) to ten (10) years in jail
- $1000-$5000 fine
- Two year license revocation
- Alcohol or drug treatment
Death
- Five (5) years to fifteen (15) years in jail
- $5000-$10000 fine
- Five year license revocation
- Alcohol or drug treatment
These penalties are harsh, as they should be, to discourage Rhode Islanders from drinking and driving. In addition to the consequences listed above, your vehicle may also be subject to seizure and the Rhode Island DMV may refuse to reinstate your license at the end of your sentence.
Can I beat a felony DUI?
While some people may plea to avoid additional embarrassment or believe that they are destined to lose their DUI case, others fight their DUI charges. DUI cases are very technical and complex. There are always grounds to fight.
As a result, it is crucial to have an experienced RI DUI attorney carefully examine the facts and circumstances surrounding they DUI arrest. This includes:
- The reason for the car stop
- The administration of the standardized field sobriety tests (SFSTs)
- The administration of breath alcohol test
- How the police administered and adhered to the rights afforded to someone facing DUI charges
It is also important for your attorney to take time to review any criminal history you may have, especially prior alcohol related incidents before developing a defense strategy best suited to your personal goals.
Why hire a felony DUI lawyer in Rhode Island?
Far too often, our attorneys see individuals in court without adequate representation. When the stakes are this high, you need a Rhode Island DUI lawyer with experience defending felony DUI charges. Your felony DUI case will be thoroughly reviewed by the skilled attorneys at Abilheira Law who will offer a detailed explanation of the penalties you are facing. More importantly, our attorneys will work to identify any issues that may exist in you case and create an individualized plan to defend you.
Contact us online or call the Rhode Island felony DUI lawyers today at Abilheira Law, 401-245-5100.
Criminal defense attorney Allison C. (Belknap) Abilheira serves clients with dedication and skill in Warren, Providence, and the surrounding areas in Rhode Island. Attorney Abilheira practices law in Rhode Island, the United States District Court for the District of Rhode Island, the United States Court of Appeals for the First Circuit, and in Massachusetts.
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