How to Beat a Rhode Island DUI Charge

(And 15 Reasons to Fight your RI Drunk Driving/OUI Case)

To convict you of drunk driving in Rhode Island, the state must prove all four elements of the crime of Operating Under the Influence (OUI), beyond a reasonable doubt.

1. That you were operating a motor vehicle;
2. That you operated a motor vehicle within the jurisdiction of the police officer who charged you; 
3. That you were operating your vehicle under the influence of an intoxicating liquor, to a degree that rendered you incapable of safely operating a motor vehicle (a.k.a. impaired); 
4. That the arresting officer informed you of your right to be examined (at your own expense) by a physician of your own selection, and that you were afforded the opportunity to exercise that right.

I will absolutely challenge any and all of these claims, and I have done so before, but the one that is the most important in nearly ever case is #3. The state must prove that your were sufficiently intoxicated or impaired that you were operating a motor vehicle unsafely, and under the influence of intoxicating liquor or alcohol.

The standard of who is too impaired to be driving is often subjective, and the police will nearly always simply arrest you if it is anything close to a judgment call. All the evidence that an officer will testify to in court has inherent biases - even a breathalyzer machine reading has any number of built-in flaws.

Any OUI case is beatable, although some cases are certainly better than others.

Here are 15 reasons why we should take your case to court (and why we can win):

1. We Can Challenge the Reason for the Stop: If the police didn't have a legitimate legal reason to pull you over in the first place, the case should be dismissed. The police must have a "reasonable" and "articulable" suspicion that you were breaking a law. If they can't explain exactly why they pulled you over, the case should be thrown out. For example:
   • The police cannot pull you over for weaving with a lane (only if you actually cross marked lanes).
   • The police cannot pull you over base on a complaint by an anonymous witness or caller to 911.
   • They also can't stop you in a random roadblock, which as been ruled a violation of the Rhode Island state Constitution in Pimental v. Department of Transportation (1989).
2. We can Challenge to Breath Test Procedures: The police must follow very specific and explicit procedures when you are given a breath test, or the evidence can't be used against you. For example:
   • The police must establish that you fully and legally consented to take the test.
   • They must mail you a true copy of the breathalyzer results within 72 hours of the test.
   • They must establish that the breathalyzer machine has been testing for accuracy within the previous 30 day period, and they must be able to prove that the officer who administered the breathalyzer test had been certified to operate the machine within the previous 365 days.
   • They must follow exact protocols in administering the tests in accordance with the machines.

   The prosecutor must also be able to establish that you were informed of the option to take an additional chemical test, and that you were given a reasonable opportunity to do so.

   If any of these procedures are not followed, the breath test results are inadmissible, and a significant piece of evidence against you can't be used.

3. We can Challenge to the Validity and Accuracy of the Breath Test  Results: Even if the results are deemed to be admissible in court, we can still challenge the accuracy of the device. Experts readily admit that breath test results are subject to significant inaccuracies, biases, and methodological flaws. False positives can result from medical conditions like GERD, dietary issues, and a host of other reasons.
4. Refusal of Field Sobriety Tests Can't be Used Against You: If you did not agree to perform roadside tests, that fact can't be used against you in court. It will not be mentioned.
5. We can Challenge to the Validity and Accuracy of the Field Sobriety Tests: If you did perform some field sobriety tests, we can challenge the accuracy, validity, and fairness of these tests. For example:
   • It is a statistical fact that standard field sobriety testing is inaccurate to a level that simply doesn't surpass the standards of reasonable doubt.
   • For healthy and fit individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence, according to the research of the National Highway Traffic Safety Administration (NHTSA) who established these tests.
   • Anyone with past injuries, medical conditions, or who is 50 or more pounds overweight or and 65 years or older cannot be validly judged by these tests, again, according to NHTSA and the police officer's own training!
6. Police Officers Frequently administer field sobriety tests incorrectly: Again, according to NHTSA, is the test is not administered and scored correctly, the result of a "failure" is meaningless. Police often make mistakes with these tests in countless ways, from testing you on a slope, on an imaginary line, or not letting you take off your shoes if you are wearing high heels or boots.
7. Non-Scientific Field Sobriety Tests are Invalid: Police often ask you to perform so-called field sobriety tests that have no scientific basic whatsoever. Tests like touching your finger to your nose, saying the alphabet, or counting backwards have no demonstrated accuracy in determining if someone is impaired or completely sober.
8. Police Officers Often Fail to Consider valid medical evidence: If you have documented medical issues with your back, feet, legs, or knees, it can be easy to explain why you failed tests of balancing and agility. Similarly, GERD and acid refux can refute the accuracy and results of breathalyzer machines.
9. Weather Evidence Can Help Your Case: If it was windy, raining, snowing, extremely cold, or visibility was reduced, that can explain car control or driving performance, and also performance on field sobriety tests by the side of the road. I can get certified weather evidence from the National Oceanographic and Atmospheric Administration admitted to court to help tell the story of what happened that night.
10. Video Evidence Can Help Your Case: If the police videotaped you from the cruiser during the stop and during field tests, or took video of you during the booking process at the police station, this evidence is often then very helpful.
11. The Benefits of Winning are Substantial: If you win, you have no record, and you don't have to worry about the impact of a conviction on your record for the rest of your life. And of course you don't have to face the significant fines, license loss, alcohol treatment programs, community service, driving school, probation, and other penalties, even on a first offense.
12. Downside Risk of Fighting May Be Small: If we lose you generally don't face significantly greater penalties than if you'd decided to plead guilty in the first place.
13. Winning Preserves your Future: If you win, all future career opportunities remain available. Jobs in law enforcement, certain professional licenses, certifications, or security clearances may be denied to you if you have a DUI conviction on your criminal record.
14. Winning Preserves Your Right to Travel: International travel to Canada is restricted to anyone with a drunk driving conviction. See the official Canadian Consulate page on the subject of inadmissibility by virtue of criminal conviction.
15. Future Changes to Past Convictions? Rhode Island drunk driving laws get stricter every year. Are you prepared to risk the future repercussions of a criminal conviction for drunk driving staying on your record for the rest of your life? No one knows how the future may treat those who have plead guilty to a DUI in the past.
     

Call me for a free consultation on your case. I'll review your police report and any other evidence against you, and let you know exactly which defense strategies I would use in fighting your case. Call me now at (401) 662-9006.

Sincerely,

James Powderly, Attorney at Law

Attorney James Powderly defends people accused of Drunk Driving (DUI / OUI) and other criminal charges such as possession of drugs, assault, criminal traffic offenses, and other charges in courts across Rhode Island everyday. Call today for a free, no-obligation, criminal defense consultation on any RI arrest or charge.

(401) 662-9006
James P. Powderly, Esq., A Rhode Island Criminal Defense Attorney
Powderly Defense Firm
270 Bellevue Avenue, # 341
Newport, RI 02840