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Providence Drunk Driving Arrest

As reported by Maria Armental in the January 11, 2012 edition of the Providence Journal, a Providence woman was arrested and charged with drunk driving. The arrest occurred after the woman was involved in a rollover accident. It is unclear whether the woman submitted to the chemical test. The woman is only twenty (20) years old and could face other charges involving underage drinking.

Pursuant to Rhode Island General Laws 31-27-2, drunk driving is defined as, whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor except as provided in subdivision (d)(3) and shall be punished as provided in subsection (d) of this section.

The penalties if convicted of drunk driving include up to one (1) year imprisonment, fines, community service, DUI schools, fees and assessments.

Due to the woman's age, she could have been charged with driving while impaired. Pursuant to R.I.G.L. 31-27-2.7, a person under the age of twenty-one (21) but at least eighteen (18) years of age who takes a test, as provided for in § 31-27-2, at the request of a law enforcement officer who believes the person to be driving under the influence of alcohol, shall be determined to have been driving while impaired if the test determines the person's blood alcohol concentration to be at least two-hundredths of one percent (.02%) but less than one-tenth of one percent (.1%) by weight.

The penalties if convicted of driving while impaired include:

(1) A fine of not more than two hundred and fifty dollars ($250) and thirty (30) hours of community restitution. The fine shall be deposited in the general fund.

(2) The person's driving license shall be suspended for not less than one nor more than three (3) months on a first violation, provided the person also shall attend a special course in driving while intoxicated and provided that the person shall also attend an alcohol and/or drug treatment program if ordered by the district court judge. Failure or refusal of the person to attend the course and/or alcohol or drug treatment program shall result in the person's driving license being suspended until such time as the course and/or treatment program has been completed.

If you or a family member has been charged with drunk driving (DUI), refusal to submit to a chemical test, or other alcohol offenses, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Categories: DUI, Refusal
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