Charged with a Second or Third Offense DUI

If you have been arrested for a second or third offense DUI, your freedom is at serious risk. You need to hire a top Rhode Island DUI lawyer now.

A second Drunk Driving conviction under Rhode Island Law is a misdemeanor and carries with it a mandatory jail, fine and license suspension. A second-offense DUI can lead to a maximum of one year in jail and the minimum jail sentence is based on your BAC readings. A third DUI offense charge in Rhode Island is a felony and motorists arrested for driving under the influence offense will be facing severe penalties including long jail time. A third offense DUI carries a mandatory jail sentence of one year and a maximum of 5 years. If your BAC is over .15 then the minimum mandatory jail sentence is 3 years.

If you are arrested for a second or third offence DUI your freedom is at risk. You need a top DUI lawyer such as Michael Zarrella to help prevent you from going to jail. You need a DUI lawyer to fight for you, who recognizes all facets of Rhode Island DUI laws, and who will successfully challenge the State's case. There is no room for error in a second or third offense DUI case. Finding a way to avoid jail is greatly increased by having a top DUI lawyer. Whether it is a dismissal, a reduction of the charges or an agreement to serve home confinement, a lawyer who uses the appropriate defense is critical.

Whether a motorist refused the breath test or failed the breath test, a dismissal is always a possibility.  In cases where a defendant fails a breath or blood test, all is not lost, there are many different ways for a motorist to have the results of his breath test suppressed. For a more detailed look of possible defenses go to my Beating the Breath Test page.

DUI lawyer Michael Zarrella has been helping people with their DUI cases for over 20 years. His record of success has lead to numerous client having their DUI charges dismissed or reduced to lesser charges. Many client facing mandatory jail have avoided jail because of the defenses Attorney Zarrella has raised. Not every DUI can be dismissed or reduced but give yourself the best chance of victory by hiring Attorney Zarrella.

Second DUI within 5 years Penalties

In order for a DUI in Rhode Island to be considered a second offense, the DUI  must occur within 5-years of a previous offense conviction. However, recent case law indicates that the second conviction must be within 5 years of the driver's conviction rather than the offense date. This may lead to motorists having their charges reduced to a first offense.

DUI-Second Offense  (BAC Readings 0.08 and 0.15 or BAC Unknown)

• Mandatory 10 days in jail and up to 1 year in jail

• Suspension of your license from 1 year to 2 years

• Highway assessment fee of $500

• Fine of $400.00

• Mandatory alcohol treatment program

DUI-Second Offense (BAC Reading over 0.15)

• Mandatory Six months in jail and up to one year in jail

• Suspension of your license for 2 years

• Highway assessment fee of $500

• Fine of $1000

• Mandatory alcohol treatment program

Third DUI within 5 years Penalties

In order for a DUI in Rhode Island to be considered a third offense, the two prior DUIs must occur within 5-years of a previous offense conviction. However, recent case law may indicate that the third conviction must be within 5 years of the drivers convictions not offense date. This may lead to motorists having their charges reduced to a first offense or second offenses.

DUI-Third Offense  (BAC Readings 0.08 and 0.15 or BAC Unknown)

• Mandatory 1 year in jail and up to 3 years in jail

• Suspension of your license from 2 year to 3 years

• Highway assessment fee of $500

• Fine of $400.00

• Mandatory alcohol treatment program

DUI-Third Offense (BAC Reading over 0.15)

• Mandatory three years in jail and up 5 years in jail

• Suspension of your license for 3 years to 5 years

• Highway assessment fee of $500

• Fine of $1000-$5000 dollers

• Mandatory alcohol treatment program