Providence, Rhode Island DWI Criminal Defense Lawyer

DWI / DUI Administrative Hearing

Pursuant to Rhode Island law, an individual has 15 days to request an administrative hearing from the Rhode Island DMV. If you fail to request a hearing within 15 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame. In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Rhode Island Department of Motor Vehicles within 15 days.

Being arrested for DWI is a serious offense that can have major consequences, including fines, jail time, and loss of driving privileges. It is crucial that anyone facing a Rhode Island DWI understand what challenges they will encounter. Seeking the legal advice of a competent and skilled DWI defense lawyer will help you understand all of your rights and options, including any defenses you might use.

DWI in Providence, Rhode Island

Once you have been cited for violating the Rhode Island DWI statute, the state initiates two simultaneous, but separate, legal actions against you. The criminal action is in response to the ticket that was issued to you. The administrative action is brought against your Rhode Island driver's license by the Rhode Island DMV. While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled on their own.

DWI Penalties for First Time Offenders

• Alcohol Evaluation - Successful completion of a drug and alcohol evaluation and any treatment program required by the evaluating agency is required for reinstatement of driving privileges.
• DWI Monetary Fines - The fine for a first time DWI offender with a blood-alcohol concentration (BAC) of between 0.08% and 0.10% is $100.00, up to $300.00, plus fees. An offender with a BAC of between 0.10% and 0.15% is subject to a maximum fine of $400.00, plus fees. A first time DWI or DUI offender with a BAC of 0.15% or higher will pay a fine of $500.00, plus fees.
• Commercial Drivers and CDL - Commercial drivers are in violation of the Rhode Island DWI statute with a blood-alcohol concentration (BAC) of 0.04. A first time DWI (driving while intoxicated) conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent DWI offenses will result in a lifetime loss of the commercial license in Rhode Island.
• Community Restitution - A first time DWI / DUI offender will be required to perform 10 to 60 hours of public community restitution.
• Jail Time - A first time DWI (driving while intoxicated) offender will face up to 1 (one) year jail time.
• Driving Privileges and DWI - In Providence, Rhode Island, a DWI conviction results in the suspension of driving privileges for 30 days, up to 180 days for offenders with a blood-alcohol concentration (BAC) between 0.08% and 0.10%. The offender's license is suspended for 3 months, up to 12 months for a BAC between 0.10% and 0.15%. An offender with a BAC of 0.15% or above faces a license suspension of 3 months, up to 18 months.
• Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the suspension of driving privileges for 180 days, up to 1 year. Additionally, the offender will be fined between $200.00 and $500.00 for the refusal, and ordered to perform 10 to 60 hours of public community restitution.

DWI Subsequent Offenses

Penalties are increasingly more severe for any additional DWI violations. Due to the complexity of DWI laws in Rhode Island, you may not be aware of options and rights. This is why an assertive and knowledgeable criminal defense lawyer can guide you through this emotionally challenging process. Please contact a Rhode Island DWI or DUI criminal defense lawyer for a free, professional consultation.