Cumberland RI DUI Attorney

Contact a Rhode Island DUI Defense Attorney – 401-861-1155 or CLICK HERE

Rhode Island DUI Lawyer Joshua Macktaz provides aggressive and effective representation to individuals facing DUI (Driving Under the Influence) and related Rhode Island drunk driving offenses such as breathalyzer refusal. A former Rhode Island Special Assistant Attorney General from 1993-1997 Attorney Macktaz has extensive experience with DUI as a prosecutor and has used that knowledge to successfully defend hundreds of private clients accused of drunk driving offenses.

Early intervention by a qualified and experienced Rhode Island Breathalyzer Refusal Attorney is critical to success in your case. You need someone who is knowledgeable about Rhode Island criminal laws on matters of breathalyzer refusal and drunk driving (also known as DUI, DWI, driving under the influence, drunk driving, and driving while intoxicated). Aggressively protecting client's rights and freedoms in criminal DUI and refusal to take a breathalyzer test case is what attorney Joshua Macktaz does for a living, every day in courts across Rhode Island. He is available at anytime at (401) 861-1155 to discuss your case. Because Rhode Island Breathalyzer Lawyer Joshua Macktaz serves all towns in Rhode Island, you never need to worry about him not practicing in your town.

MOST RECENT WINS:

Criminal Charges:

Refusal to Take a Breathalyzer Test

Police Report: A Warwick Police Officer on a fixed post at 2:30am observes Client “spinning his wheels” coming off the Jefferson Blvd. exit to 95 south. Officer observes Client’s vehicle to cross the center line on at least 2 occasions. After stopping Client, police officer observes strong odor of alcohol, bloodshot and watery eyes, and slurred speech. Client takes and fails 3 field sobriety tests.

Result:

Count One: DISMISSED

Criminal Charges:

Driving Under the Influence 1st Offense; Breathalyzer Refusal 2nd Offense

Police Report: East Providence Police observe Client weaving on 195E and then straddling the right breakdown lane. After stopping Client, and in addition to the usual observations of odor of alcohol, bloodshot eyes and slurred speech, police observe that Client’s pants are around his ankles and he has urinated himself.

Result:

DUI: REDUCED to Reckless Driving with no loss of license

2nd REFUSAL: DISMISSED

Criminal Charges:

Breathalyzer Refusal 2nd Offense

Police Report: Police respond to an accident involving serious injuries. Police observed client to have an extreme odor of alcohol, bloodshot and watery eyes and slurred speech. Client fails three (3) field sobriety tests and admits to police that he had consumed several alcoholic beverages.

Result:

DISMISSED

Criminal Charges:

Breathalyzer Refusal; Right Half of Roadway; Lane Roadway Violation; Driving an Unsafe Vehicle; Failing to Notify Authorities after Accident

Police Report: Client struck a pedestrian with her vehicle and fled the scene of the crime. Police stopped client and observed two (2) flat tires, and heavy front-end damage to her vehicle. Police observed client to have a strong odor of alcohol emitting from her breath, bloodshot watery eyes and a reddish face. Client was unable to complete field sobriety tests and failed all three (3) tests.

Result:

Count One: DISMISSED

Count Two: DISMISSED

Count Three: DISMISSED

Count Four: DISMISSED

Count Five: DISMISSED

Click Here to view more recent Wins by Attorney Macktaz

Contact a Cumberland Rhode Island DUI Defense Attorney – 401-861-1155 or CLICK HERE

Cumberland, Rhode Island DUI Lawyer

In the state of Rhode Island, it is illegal drive a vehicle with a blood alcohol concentration of .08% or more. If you are caught driving in Cumberland, RI with a BAC level that exceeds the legal limit or you refuse a breathalyzer test, you will be arrested and charged with DUI or Breathalyzer Refusal. At this time, you should retain the service of an experienced Cumberland DUI attorney. Not only can a well-practice defense lawyer protect your rights throughout the DUI process, but he can also stand up to an aggressive prosecutor.

When looking for a Cumberland DUI/DWI lawyer to represent you in court, it's important to find someone who is experienced and skilled, but who also as a proven track record of success. Attorney Macktaz has successfully represented many clients in Cumberland facing DUI or DWI charges, having helped those clients avoid such penalties as driver's license suspension, legal fines, jail time, community service, and mandatory alcohol treatment. Furthermore, Mr. Macktaz is familiar with all aspects of DUI law, having handled DUI cases involving breathalyzer refusals, field sobriety tests, DUI defense, and other drunk driving or driving under the influence charges, such as marijuana or cocaine.

Contact a Cumberland Rhode Island DUI Defense Attorney – 401-861-1155 or CLICK HERE

You need a Cumberland RI Drunk Driving Attorney who is knowledgeable about Rhode Island criminal laws on matters of drunk driving (also known as DUI, DWI, driving under the influence, drunk driving, and driving while intoxicated). Aggressively protecting client's rights and freedoms in criminal and DUI cases is what Rhode Island Defense attorney Joshua Macktaz does for a living, every day in courts across Rhode Island. He is available at anytime at (401) 861-1155 to discuss your case. Because Rhode Island Rhode Island Drunk Driving Lawyer Joshua Macktaz serves all towns in Rhode Island, you never need to worry about him not practicing in your town.

Contact Cumberland Rhode Island DUI Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond to you as soon as possible.

You need a Rhode Island Drunk Driving Attorney who is knowledgeable about Rhode Island criminal laws on matters of drunk driving (also known as DUI, DWI, driving under the influence, drunk driving, and driving while intoxicated). Aggressively protecting client's rights and freedoms in criminal and DUI cases is what Rhode Island Defense attorney Joshua Macktaz does for a living, every day in courts across Rhode Island. He is available at anytime at (401) 861-1155 to discuss your case. Because Rhode Island Rhode Island Drunk Driving Lawyer Joshua Macktaz serves all towns in Rhode Island, you never need to worry about him not practicing in your town.

Click Here to view more recent Wins by Attorney Macktaz

Cumberland RI DUI Overview

As a result of Rhode Island's recent "crack down" on drunk driving, and the concentration of people that flock to Cumberland for summer fun, Cumberland RI DUI laws have become some of the strictest in the nation. Without proper representation such as an expert DUI lawyer, a first time DWI offender is at risk for significant penalties including a loss of license, thousands of dollars in fines, a criminal conviction, higher insurance premiums and in some cases, risk of incarceration. Driving under the influence of alcohol, also called DUI or DWI and drunk driving, is one of the most common charges encountered in the Cumberland criminal justice system.

Refusing to take the chemical test or breathalyzer following an arrest for a DUI in Cumberland carries its own criminal penalty, which can include a minimum of a six to twelve month loss of license, fines, community service, DUI educational classes, and other sanctions. Most Rhode Island DUI charges are misdemeanors; however, a third-offense DUI within 5 years is a felony. Additionally, Rhode Island DUI penalties are enhanced for DUI convictions where the blood or breath alcohol level (BAC) is .15% or higher. Here are a list of Rhode Island DUI penalties:

Contact Cumberland Rhode Island DUI Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond to you as soon as possible.

Cumberland Rhode Island DUI Penalties

Due to the serious and deadly results often resulting from alcohol related accidents, Cumberland RI takes a hard stance against drunk driving. The state's stringent laws and penalties are based on age and blood alcohol content (BAC) levels. However, it's important to remember the following points:

Any DWI resulting in death of another person is considered a felony.
Any driver under 21 years old found with an open container in his or her vehicle may face a 30 day suspension.
"Implied Consent" means that any driver behind the wheel of a vehicle gives the state permission to administer a breathalyzer exam.

The state defines driving while intoxicated (DWI) as any driver 21 or older with a BAC of .08% or higher. The law is less tolerant for drivers under 21 who can be charged with DWI for a BAC of .02% or higher. You can find a full account of Rhode Island's DWI policies in Title 31, Chapter 27 of the State of Rhode Island General Laws. Here is a summary of the State of Rhode Island’s DUI Penalties.

Penalties for Drivers 21 and Older

First Time Offender with a BAC between .08-.10%

Fined $100-$300
Suspended license for one to six months, up to one year in jail, and a $50 reinstatement fee
At the discretion of the court, serve 10-60 hours of community service
Face a Highway Safety Assessment ($500 fee) conducted by the Community College of Rhode Island (CCRI) and possible enrollment in a driving school and/or an alcohol treatment program

First Time Offender with a BAC between .10-.15%

Fined $100-$400
One year in jail or 10-60
hours of community service
Suspended license 3-12 months

Second Time Offender within Five Years with a BAC between .08-.15%

Fined $400
Suspended license for up to two years
Anywhere from 10 days to one year in jail
Alcohol or drug treatment
Possible installation of an ignition interlock system for up to two years

Third Time Offender within Five Years with a BAC between .08-.15%

Felony
Mandatory $400 fine
One to three years in jail
Two to three years license suspension
Alcohol or drug treatment
Ignition interlock device for up to two years after sentence is completed

First Time Offender with a BAC of .15% or Higher

Fined $500
One year in jail or 20-60 hours of community service
Suspended license 3-18 months
Mandatory participation in a special course on DWI and/or drug treatment

Second Time Offender with a BAC of .15% or Higher

Fined $1,000
Jail for 6-12 months
Suspended license for two years

Third Time Offender with a BAC of .15% or Higher

Fined $1,000-$5,000
Jail for 3-5 years
Suspended license for three years
At the discretion of the judge the violator's vehicle may be seized and sold by the state

First Offense Breathalyzer Test Refusal

Fined $200-$500
Community Service for 10-60 hours
Suspended license six months to one year
Face a Highway Safety Assessment ($500 fee) conducted by the Community College of Rhode Island (CCRI) and possible enrollment in a driving school and/or an alcohol treatment program
Pay a $200 fee to support the department of health's chemical testing programs

Second Offense Breathalyzer Test Refusal within Five Years

Fined $600-$1000
Suspended license 1-2 years
60-100 hours of community service
Mandatory alcohol or drug treatment
Face a Highway Safety Assessment ($500 fee) conducted by the Community College of Rhode Island (CCRI)and possible enrollment in a driving school and/or an alcohol treatment program
Pay a $200 fee to support the department of health's chemical testing programs

Third Offense Breathalyzer Test Refusal within Five Years

Fined $800-$1,000
Up to one year in jail
License suspended 2-5 years
Mandatory 100 hours of community service
Alcohol or drug treatment
Hearing to determine whether license may be reinstated
Face a Highway Safety Assessment ($500 fee) conducted by the Community College of Rhode Island (CCRI) and possible enrollment in a driving school and/or an alcohol treatment program
Pay a $200 fee to support the department of health's chemical testing programs

DWI Resulting in Death

Jail sentence 5-15 years
Fined $5,000-$10,000
Revoked license for 5 years
At the judge's discretion possible enrollment in an alcohol treatment program

Penalties for Drivers Under 21

First Time Offender 18 or Younger with a BAC of .02 or Higher

Community Service 10-60 hours
Suspended license 6-18 months
Must enroll in a DWI course and/or an alcohol treatment or education program
At the judge's discretion a possible highway assessment fine of up to $500

Second Time Offender 18 or Younger with a BAC of .02 or Higher

Suspended license until 21
At the judge's discretion, a fine of up to $500 and a one year sentence in the Rhode Island Training School (juvenile correctional facility)

First Time Offender 18-21 Years Old with a BAC of .02 or Higher

Up to 30 hours of community service
A fine of up to $250
Suspended license for three months, provided one attends a class on DWI and enrolls in an alcohol treatment education program

Second Time Offender 18 or Younger with a BAC of .02 or Higher

Fined $250 in addition to a $300 highway assessment fee
Up to 60 hours of community service
Suspended license 3-6 months
Must enroll in a course on DWI and in an alcohol treatment program

Contact Rhode Island DWI Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond to you as soon as possible.

Defending your Cumberland RI DUI Accusation

As a former Special Assistant Attorney General, Mr. Macktaz intimately understands the elements of a Rhode Island DUI. They are the following:

The State Must Prove Beyond a Reasonable Doubt
The Defendant operated a motor vehicle
The event happened in the State of Rhode Island
Under the influence of an intoxicating liquor

Understanding these provides the opportunity to defend this using one or many of these types of defenses.

Challenging the Constitutionality of the Stop

he Police cannot stop a driver unless he has reasonable suspicion to believe a crime has been, or is about to be, committed. The police may state an individual for any traffic violation.
Roadblocks have been held unconstitutional in Rhode Island.
A car cannot be stopped based on an anonymous tip or 911 call.

Challenging the Field Sobriety Tests

The National Highway Traffic Safety Administration is the Government agency that regulates standardized field sobriety testing. According to NHTSA, when performed and tested healthy individuals the following results were found:

The one-leg stand test is only 65% accurate for BAC above .10%
The walk-and-turn test is only 68% accurate for BAC above .10%
Nystagmus test was only 77% accurate for BAC above .10%

According to the National Highway and Traffic Safety Administration’s own training manual, improperly administered field sobriety tests do not produce reliable evidence of intoxication. NHTSA does not endorse non-standardized field sobriety tests such as; reciting the alphabet, counting backwards or picking up an object. This means there is no scientific foundation for the officer to justify giving you this test or that your performance can translate into intoxication.

Challenging the Admissibility of the Breath Test Results

The police must have probable cause to request you submit to a chemical test for purposes of a criminal charge.
The police must advise you of your right to have an independent chemical test performed by a physician or hospital of your choosing and afforded a reasonable chance to exercise this right.
The police must observe you for at least 15 minutes prior to you taking the breath test. *See article on "Mouth Alcohol” in the article section of this site.
A true copy of the breath test results must be mailed to you within 72 hours of the test.
The breath test machine must be in full compliance with the regulations set out by the Department of Health.
The breath test operator must be certified within 365 days of the test.
Two complete samples must be given within a 30 minute period.
The two samples must be within a .05% agreement of each other.

Using Booking Room and/or Patrol Car Videos

Many police stations have video surveillance to record all suspects during processing. Additionally, more and more patrol cars are equipped with mounted video equipment which records everything from the stop of the car to the field sobriety testing at roadside. Gaining access to these videos may provide exculpatory evidence showing the favorable performance and balance of the suspect. The video will also capture the officer’s administration of the test which, if given improperly, would provide a basis to challenge the officer’s credibility.

Independent Witnesses

It is not just the prosecution who is allowed to call witnesses at trial. If you were in direct contact with one or more people shortly prior to your arrest, you may call them to testify to your lack of intoxication. It may be your passenger, the waitress at the restraint you ate, the bartender where you just left or even the family who picked you up from jail. Any lay witness, meaning they do not have to be an expert, can testify to their opinion regarding your sobriety.

Miranda Warnings not Given

Any interrogation that takes place while in police custody must have been preceded by a Miranda warning. If not given, any statements made as a result of questioning would be excluded from trial. This is particularly important when incriminating statements were made by you after your arrest.

Failure to Conduct Observational Period

Rhode Island law requires the police to observe a suspect for at least 15 minutes prior to administering a breath test. This is because any mouth alcohol, which could be the result of recent alcohol consumption, hiccupping, burping or vomiting, would cause a false elevated reading.

Expert Witnesses

The defendant has an absolute right to present expert witnesses in his own defense. DWI law is extremely complex and it may be necessary to call an expert to testify to such issues as; toxicology, chemistry, biology, breath testing instrumentation and/or functioning.

Medical and Health Problems

Pre-existing medical conditions related to your brain, legs, neck, back and vision can eliminate the validity of field sobriety testing results. Acid reflux, diabetes, certain prescription medicines can have a dramatic effect on your breath alcohol testing results.

Bad Weather

Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance.

Retrograde Extrapolation

When you consume alcohol, it takes time for it to absorb into your system. Essentially, you could have a number of beers or alcohol and not feel the effects to sometime later after you stop drinking. When a breath test is given you at the police station, it could very well be up to an hour after you were last driving. The breath test will give a result for what your BAC at the time of the test, but what about your BAC an hour prior, when you were actually driving? Retrograde extrapolation is the formula for determining BAC at a prior time. This may very well lead to your BAC being below the legal limit at the time you were actually driving, even though it was above the limit at the time of the test.

Interfering Substances

The breath testing machine works by measuring the amount of alcohol in your breath. If you have been exposed to certain fumes, substances and/or particles, a false reading could very well take place. A common example of this is a painter who is exposed to, and has been inhaling, certain paint fumes throughout the day. Other substances such as cough drops, Listerine, or ethanol based products could have an impact as well.

Operating on Private Property

Operation is an essentially element to Driving under the Influence. Where you actually operating the car or just sitting in or near it? Was your car on a public or private road? Was your car being operated on a Rhode Island road or a road that is owned by the Federal Government? A throughout investigation of where you were actually observed operating your car is required for a successful defense.

Contact Rhode Island DWI Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond to you as soon as possible.

Successful DUI DWI Rhode Island Case Defenses by Attorney Macktaz

Recent Wins

Criminal Charges:

Driving Under the Influence 1st Offense; Breathalyzer Refusal 2nd Offense

Result:

DUI: REDUCED to Reckless Driving with no loss of license

2nd REFUSAL: DISMISSED

Criminal Charges:

Breathalyzer Refusal 2nd Offense

Results:

DISMISSED

Criminal Charges:

Driving Under the Influence 1st Offense

Police Report: The police stopped client for driving 60MPH in a 25MPH zone, after observing client crossing double yellow lines on three (3) occasions. Police observed a strong odor of alcohol, extremely staggered gait, slurred speech and extremely bloodshot and watery eyes. Client failed three (3) field sobriety tests.

Results:

DISMISSED

Criminal Charges:

Breathalyzer Refusal; Right Half of Roadway; Lane Roadway Violation; Driving an Unsafe Vehicle; Failing to Notify Authorities after Accident

Results:

Count One: DISMISSED

Count Two: DISMISSED

Count Three: DISMISSED

Count Four: DISMISSED

Count Five: DISMISSED

Criminal Charges:

Reckless Driving; Speeding (120MPH in a 55MPH zone)

Police Report: Client is operating his motorcycle on 95 north, and police report indicates he is “clocked” at 120MPH. Client is observed weaving in and out of traffic without use of turn signals, and tailgating. Police chase client for approximately 10 miles before coming to a stop.

Results:

Count One: NOT GUILTY

Count Two: NOT GUILTY

Criminal Charges:

Breathalyzer Refusal; Right Half of Roadway

Police Report: Police observe client’s vehicle cross solid yellow line with both driver’s side front and rear tires. Police observe client’s vehicle strike the right side curbing with his left front wheel. Police stop client and observe him to have a strong odor of alcohol on his breath, blood shot eyes, and a confused manner. Client fails three (3) field sobriety tests and registers a .210 on the preliminary breath test.

Results:

Count One: DISMISSED

Count Two: DISMISSED

Criminal Charges:

Driving Under the Influence

Police Report: Police respond to the report of a vehicle stopped in the middle of the roadway with an unconscious driver. The police approach client, wake her up, and then notice a strong odor of an alcoholic beverage, bloodshot watery eyes and slurred speech. Client fails three (3) field sobriety tests and admits to having a number of drinks earlier in the evening. Client is also extremely uncooperative with the arresting officer.

Results:

DISMISSED

Criminal Charges:

Breathalyzer Refusal; Refusal to Take Preliminary Breath Test; Operating an Unregistered Motor Vehicle; Operating without Proof of Insurance

Police Report: Client runs a stop sign and causes a major accident. Police arrive and observe client to have a very strong odor of alcohol on her breath, glassy and blood shot eyes. Client fails three (3) field sobriety tests, and is uncooperative with the police officers.

Results:

Count One: DISMISSED

Count Two: DISMISSED

Count Three: DISMISSED

Count Four: DISMISSED

Criminal Charges:

Driving Under the Influence

Police Report: Client is observed crossing over the center line on three (3) separate occasions while operating with her headlights off. Police stopped client and observed an odor of alcohol, bloodshot, watery and glassy eyes with mumbled speech. When client stepped from her vehicle, she had to balance herself by using her vehicle. Client then failed three (3) field sobriety tests.

Results:

DISMISSED

Contact Rhode Island DUI Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond to you as soon as possible

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.

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Rhode Island Criminal Defense Attorney

A Former Rhode Island State Prosecutor

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Cumberland RI DUI Attorney

MOST RECENT WINS:

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Cumberland, Rhode Island DUI Lawyer

Cumberland RI DUI Overview

Cumberland Rhode Island DUI Penalties

Penalties for Drivers 21 and Older

Penalties for Drivers Under 21

Defending your Cumberland RI DUI Accusation

Successful DUI DWI Rhode Island Case Defenses by Attorney Macktaz

Recent Wins

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Attorney Macktaz Interviewed by Lawyers Weekly: Click here to read the article

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