Aggressive Advocacy from Rhode Island DUI Lawyers
Offices Located in Providence and Warren
If you have been arrested for a DUI, our Rhode Island DUI defenses attorneys are ready to help. We understand how much is at stake when you are faced with a DUI conviction and we have the skill and expertise necessary to aggressively defend your future.
With our DUI defense law firm on your side, you can feel confident knowing that your reputation, career, and freedom are in good hands. Through the employment of personalized and inventive legal strategies, we can develop a defense that gives you the best chance at securing a positive outcome.
Building an effective DUI defense starts with an initial consultation, where our skilled attorneys will analyze the facts of your case and explain your legal rights.
Common Defenses to DUI
In every DUI case, the prosecution has several elements that they must meet in order to convict someone of the charge. When you retain the representation of our Rhode Island DUI attorneys, we conduct a thorough investigation of your arrest to expose any errors or violations of your rights.
Common defenses include:
- Lack of reasonable suspicion to initiate a motor vehicle stop
- Improper administration of Field Sobriety Tests
- Improper administration of Chemical Tests/Breathalyzer
- Failure to fully advise motorist of their rights
The prosecution must prove that the arresting officer had reasonable suspicion to stop your vehicle. Typically, officers have reasonable suspicion to pull you over if they observe a minor traffic violation. For example, running a stop sign, swerving between lanes, and speeding. However, an anonymous tip is not enough for an officer to pull over a vehicle for suspected drunk driving.
Administration of Chemical Tests/Breathalyzers
For chemical test results and breathalyzer results to be admissible, the prosecution must prove five basic elements. First, they must prove that the motorist consented to the test. Second, the prosecution must prove that a true copy of the results were mailed to the motorist, within a certain period of time. Third, the State must prove that the test was performed according to the methods and equipment approved by the Department of Health, which includes taking two samples within fifteen (15) minutes of each other. The fourth element requires the prosecution to prove that the machine was tested within the last 30 days and the officer who administered the test was certified within the last year. Finally, the motorist must be given the opportunity to have their own independent test done.
Rights During and After a DUI Stop
An individual charged with a DUI must be informed of several rights including the Miranda rights, the right to be examined by a doctor, the right to refuse to submit to a chemical test, and the right to a confidential phone call. Additionally, a suspect must be notified of the consequences of refusing to submit to a breathalyzer or chemical test. Recently, several DUI cases in Rhode Island have been amended or dismissed based on officers using an incorrect or inaccurate rights form.
Take the First Step – Call (401) 245-5100
Fighting your DUI charges starts with a complimentary initial consultation with our Rhode Island DUI lawyers, so that we can begin discussing your options. We have offices conveniently located in Warren and Providence and are available to represent clients throughout the Rhode Island. We are available to take your call 24/7 and respond with timely and consistent communication. Let the successful and experienced team at Abilheira Law go to work for you.
Give us a call or contact us online to get started today.