Rhode
Island DWI Attorney
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Island DWI Defense Attorney – 401-861-1155
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Rhode Island DWI Information
Rhode Island DWI Laws and Penalties
Defending your RI DWI Accusation
Rhode Island Breathalyzer
Refusal information
Defending your RI Breathalyzer Refusal
What to expect at your Rhode Island DWI Trial
Field Sobriety Test information
DWI Stops for Reasonable Suspicion
Rhode Island Court Information
Rhode
Island DWI Lawyer Joshua Macktaz provides aggressive
and effective representation to individuals facing DWI
(Driving While the Intoxicated), or called DUI in Rhode island, 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 DWI as
a prosecutor and has used that knowledge to successfully
defend hundreds of private clients accused of drunk driving
offenses.
Before becoming
a private Rhode Island Drunk Driving Defense Lawyer,
Attorney Macktaz lectured in-coming police academy cadets
as a AG Prosecutor on proper drunk driving investigations
and prosecutions. This unique experience has afforded
Mr. Macktaz a wealth of knowledge not readily available
to the average criminal defense attorney.
Early intervention by a qualified and experienced Rhode
Island DWIAttorney is critical to success in
your case.
MOST RECENT WINS:
Criminal Charges: Breathalyzer Refusal
Police Report: Smithfield Police clock Client’s vehicle at 61 MPH in a 25 MPH zone and observe Client’s car drift over the center in into on-coming traffic twice. Police observe a strong odor of alcohol, bloodshot and watery eyes, and mumbled speech. Client needed to use the door frame of the car to get out of vehicle, failed 3 field-sobriety tests and admitted to drinking earlier in the evening.
Result: NOT GUILTY AFTER TRIAL
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: 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.
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
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 DWI 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 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.
Rhode Island DWI Overview
With a previous reputation of being soft on drunk driving, Rhode Island has become one of the strictest states in the United States. Rhode Island DWI Laws now can include extensive penalties including a loss of license, thousands of dollars in fines, a criminal conviction, higher insurance premiums and in some cases, risk of incarceration. Without proper representation from experienced Rhode Island DWI lawyers even a first time DWI offender is at risk for significant penalties. Driving under the influence of alcohol, also called DUI or DWI and drunk driving, is one of the most common charges encountered in our criminal justice system.
Making your need for successful and aggressive representation even more prevalent is the new State of Rhode Island DWI Law regarding blood testing. Now these new Rhode Island DWI Laws allow the police to compel motorists who are suspected of drinking and driving and have been involved in a motor vehicle accident that results in death or serious bodily injury to undergo blood-alcohol testing.
Refusing
to take the chemical test or breathalyzer following an arrest
for a Rhode Island DWI carries its own criminal penalty,
which can include a minimum of a six to twelve month
loss of license, fines, community service, DWI educational
classes, and other sanctions. Most Rhode Island DWI
charges are misdemeanors; however, a third-offense DWI
within 5 years is a felony. Additionally, Rhode Island
DWI penalties are enhanced for DWI convictions where
the blood or breath alcohol level (BAC) is .15% or higher.
Here are a list of Rhode Island DWI penalties:
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.
Rhode
Island DWI Penalties
Due to the serious
and deadly results often resulting from alcohol related
accidents , Rhode Island 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
DWI 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 addtion 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 programContact
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 Rhode Island DWI 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
- The 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
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: 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.
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
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.
Result: 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.
Result: 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.
Result: 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.
Result:
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.
Result: 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
Rhode Island DWI Information
Rhode Island DWI Laws and Penalties
Defending your RI DWI Accusation
Rhode Island Breathalyzer
Refusal information
Defending your RI Breathalyzer Refusal
What to expect at your Rhode Island DWI Trial
Field Sobriety Test information
DWI Stops for Reasonable Suspicion
Rhode Island Court Information
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. |
