Find out more about your legal rights when pulled over by the police and charged with DUI in Rhode Island Research shows that more than 10,000 drivers lose their lives on American roads every year in drunk driving accidents. In 2019, almost 30% of all traffic deaths in the US were reportedly caused by alcohol-impaired driving and in addition to the emotional costs, road accidents are also costing the nation nearly $50 billion in medical expenses and lost wages. Looking at the statistics, it appears that intoxicated drivers are responsible for $13 billion in costly medical costs and lost earnings, but could it be because drivers are sometimes wrongfully arrested – meaning they were not over legal blood alcohol concentration (BAC)? Sadly, wrongful DUI charges are commonplace. It is important to understand that you are over the legal drinking limit if you were stopped by a police officer while driving a regular motor vehicle and your breathalyzer results were above.08. If one is driving a commercial vehicle, that measurement decreases from.08 to.04. Any vehicle in Rhode Island that needs a CDL license to operate qualifies as a commercial vehicle. Although most states have now established their BAC levels at.08 percent, this might not be the same in other states. For example, Utah's BAC will shortly be.05 percent, but a legal breathalyzer test must be conducted to prove the results. However, some legal experts underline that the apparatuses used to test a driver’s BAC level, are not always utilized properly and that it is alarming to note how many people are wrongfully detained on DUI charges. For instance, Rhode Island law stipulates that if someone is stopped over on suspicion of driving while intoxicated and refuses to take a breathalyzer test, they can and probably will be fined and their license would be suspended immediately, which is fair. However, in order to be formally charged, a proper BAC needs to be conducted. If you are pulled over by the police on the suspicion of driving under the influence of alcohol, it is better to immediately seek legal representation from an accomplished Rhode Island DUI lawyer with a strong track record of successfully defending clients in DUI cases. You have the right to consult an attorney even if you are wrongfully detained by the police on a criminal charge (such as DUI) or are being investigated for a crime. Any person who has been arrested by the police also has the right to remain silent and not confess to any crime or criminal act, and the police are obliged to read you your rights. In the USA, there are laws that specify what can be done by the police when they search or detain someone, and there are also internal regulations that outline what police officers may and may not do. In many instances, police officers have been found guilty of misconduct during a search and an arrest. A practical example of this is Police officers that use force or intimidation to carry out an arrest. While police are allowed to search individuals, property, and buildings, they must do so with adequate consideration for the right to privacy. Anyone who exceeds the limits of a blood alcohol test or a breathalyzer test after being stopped by the police can be charged with DUI, but in this case, you have the right to contact a Rhode Island DUI lawyer as soon as you are detained. In addition to needing to provide the police with your name and address, you have the option of choosing to remain silent until you have spoken to your lawyer. Before a person can be lawfully arrested, a legal breathalyzer or blood test for alcohol must be administered by the police, with an incriminating result. Therefore, a driver cannot be detained on a DUI allegation based only on the suspicion that the driver is possibly impaired by alcohol because his breath smells of it. Therefore, it must be demonstrated that the driver’s alcohol concentration in any test was higher than the prescribed legal limit at the time he was driving. A competent Rhode Island DUI lawyer will typically take advantage of small technical details like these, and utilize his skill and knowledge to negotiate the best outcome for his client.
About us Since passing the bar exam in 2010, John Grasso has been practicing law in Rhode Island. As a lawyer and former police officer, he is in a unique position to have a thorough understanding of the law. He graduated from Roger Williams School of Law and went on to have a prosperous legal career in Rhode Island. John Grasso is also a professor of law, and teaches legal courses at the University of Roger Williams. John Grasso’s Law Practice always makes sure they work with their clients to obtain justice and the best outcome possible, even in the most difficult circumstances. This skilled group of defense lawyers is equipped with the knowledge and tools necessary to take on a wide variety of cases, ranging from misdemeanors to felonies. Please visit their website at http://www.johngrassolaw.com for more information.