- Criminal Defense
Criminal Defense Law Office Of John E. MacDonald, Inc. of Providence, Rhode IslandSchedule a Consultation
During the closing days of its June 2006 session the General Assembly in Rhode Island passed a bill significantly toughening the penalties for refusing a chemical test in the state of Rhode Island. Rhode Island had notoriously had some of the softest laws in the nation on breathalyzer refusal. In 2001, 84.9% of suspected drunk drivers refused testing. The pressure of news media outlets and pressure from organizations such as MADD caused this legislation to be passed.
Refusal to Submit to Chemical Test Dismissed/DUI Amended to Reckless Driving
Client retained the services of Attorney John E. MacDonald after being charged with both refusal to submit to a breathalyzer and driving under the influence. Attorney MacDonald successfully argued to the Town Solicitor that the police failed to obtain enough evidence to place his client under arrested and at best, police had observations of reckless driving. The Town agreed and dismissed the refusal charge and allowed the client to plead to an amended reckless driving charge. This allowed the client to avoid the draconian penalties associated with driving under the influence.
As a result Rhode Island has toughened state DUI laws and refusal penalties. It has passed legislature to criminalize some breathalyzer test refusals and enact harsher penalties across the board. This means even if you have done the right thing your rights and your license may be in jeopardy!!
THE SOONER YOU ENGAGE AN EXPERIENCED BREATHALYZER REFUSAL ATTORNEY THE BETTER YOUR CHANCES TO AVOID THESE PENALTIES!
Call Breathalyzer Refusal Defense Attorney John MacDonald NOW at 401.421.1440 and The Law Offices of John E. MacDonald, Inc. will be able to tell you what we can do to protect and defend your rights today.
Like many situations where the answer is based on circumstances it is best to understand the consequences of either choice. Regardless, if you have been arrested for refusal you should contact an experienced attorney immediately to prevent further complications or making any further mistakes in the process and to give you a chance to potentially retain your driving rights.
If you refuse the Breathalyzer test your license and privilege to drive in RI is automatically suspended at your arraignment. This happens prior to any hearing or disposition of the matter on its merits. Your chance for success in fighting for your license is a difficult process.
The state of Rhode Island only needs to prove that they had probable cause to arrest you and only need reasonable suspicion to believe that you are operating a motor vehicle under the influence. They will confirm that you were properly read your rights and you did in fact refuse the chemical breath test. Even if you refuse the test you will most likely still be charged with criminal DUI based on the officer (s) report and observations.
Call the Law Offices of John MacDonald NOW at 401.421.1440 and The Law Offices of John E. MacDonald, Inc. will be able to tell you what we can do to protect you as your Rhode Island Breathalyzer Refusal Attorneys.
If you are charged with refusal to submit to a breathalyzer exam and lose the case if it is your first offense within five years the consequences can be steep and costly but it is not a criminal conviction but a civil violation:
Car Insurance Costs go up significantly
If you take the test you will not automatically lose your license. If you FAIL the test you will be charged criminally. You then have to weigh the value of your ability to drive versus what having a criminal conviction on your record will do to your life. This is a choice you need to make. So, if you know you will fail the test but can live with a potential criminal conviction but not the automatic loss of your license for 6-12 months then take the test.
Criminal DUI charges provide a better margin of victory as the state must prove beyond a reasonable doubt that you were too intoxicated to operate a motor vehicle in Rhode Island. They must also prove you were properly read your rights and they met all legal requirements during the arrest. If you lose a criminal DUI case you will have a criminal conviction on your record which could affect employment opportunities or even cost you your job. 2nd and 3rd DUI convictions mean mandatory jail time in Rhode Island as well.
If you are charged with your 2nd or 3rd breathalyzer refusal in the state of Rhode Island these are the penalties you face:
Car Insurance Costs go up significantly
Car Insurance Costs go up significantly or may not be able to be obtained when you regain your license
If you have been arrested for DUI or Breathalyzer refusal in Rhode Island Call the Law Offices of John MacDonald NOW at 401.421.1440 or CONTACT US VIA EMAIL and The Law Offices of John E. MacDonald, Inc. will be able to tell you what we can do to protect and defend your rights.
Certain situations provide for relatively clear choices when you are faced with potential arrest for refusing the breathalyzer test. Since Rhode Island does not allow for exceptions to use a vehicle for work purposes while your license is suspended you need to weigh your options carefully.
You are certain beyond any doubt that you will pass the test
Call the Law Offices of John MacDonald NOW at 401.421.1440 and The Law Offices of John E. MacDonald, Inc. will be able to tell you what we can do to protect and defend your rights as your RI Breathalyzer Refusal Defense lawyers.
The Law Firm of John E. MacDonald, Esquire is ready to give YOUR DUI or Refusal of Breathalyzer in RI case the attention it deserves. Please CONTACT US today for a FREE consultation
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.
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