Defending Colin Foote Tickets

Rhode Island driving while impaired Attorney

Michael J. Zarrella, Esq

Law Office Address:

127 Dorrance Street

Providence Rhode island 02903

Cell: 401-523-5271

Office 401-490-6820

Fax: 401-490-3207

MJZarrella@gmail.com

DUI Defense Blog

Rhode Island's best DUI blog

Attorney Michael Zarrella's blog is very informative with respect to DUI law, criminal defense and many of the trends in the Rhode Island judical system. Lawyers often read attorney Zarrella's blog to keep abreast of recent updates in the law.


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Driving While Impaired Defense Lawyer

Driving driving while impaired can be costly in Rhode Island

 

Under Rhode Island law, driving while impaired applies to drivers over the age of eighteen (18) but who have not reached the legal drinking age of twenty-one (21). For those drivers, the legal BAC limit is only .02 rather than the limit of .08 for drivers who are legally allowed to drink.

Those drivers under the age of 21 who have a BAC between .02 and .10 can be found guilty of the crime known as driving while impaired. The penalties for driving while impaired are not as extensive as those for DUI, but still carry severe repercussions.

 

Driving While Impaired First Offense

  • A fine up to $250;
  • 1 month to 3 months loss of license;
  • Up to 30 hours commuity service;
  • Participation in DUI School or alcohol counseling;
  • Not a criminal offense.

Driving While Impaired Second Offense

  • A fine not more than two hundred and fifty dollars ($250;)
  • Highway safety assessment of three hundred dollars ($300);
  • Suspended license three (3) months to six (6) months;
  • Participation in DUI School and alcohol or drug counseling;
  • Not a criminal offense.

Almost all the defenses in a DUI (driving under the influence) case will also work DWI (driving while impaired) case.

 

 


   § 31-27-2.7  Driving while impaired. – (a) 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 eight one hundredths of one percent (.08%) by weight.

   (b) Should, after a hearing in district court, it be determined that: the results of the test are admissible in that it meets all of the conditions, as set forth in § 31-27-2; and the person has been afforded his or her rights as set forth in § 31-27-2; then the judge shall order as follows:

   (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.

   (3) On a second and subsequent violation of the section, the person shall be fined not more than two hundred and fifty dollars ($250) together with a highway safety assessment of three hundred dollars ($300) and shall be required to perform up to sixty (60) hours of community restitution. The person's driving license shall be suspended for not less than three (3) months nor more than six (6) months. The sentencing judge shall also require the person to attend a special course in driving while intoxicated and also attend an alcohol and/or drug treatment program.

   (c) No suspension, assessments, driving while intoxicated school, or alcohol and/or drug treatment programs under this section can be suspended, shortened, altered, or changed.

   (d) Any violation of the section shall not be considered a criminal offense.