Frequently Asked Questions
RI Criminal & DUI Laws
- How much will it cost to hire a top
criminal defense / DUI lawyer?
- Am I facing a
misdemeanor or a felony charge?
- Should I Refuse to
take a Breath or Blood Test if I am asked to
do so by the police?
- Does Rhode Island
have a provision for a "hardship" license if
my license has been suspended for a DUI or
other driving infractions?
How much will it cost to
hire a top criminal defense / DUI lawyer in
Rhode Island?
The answer really depends on seriousness of the
charges, and the complexity of the case, so
there is no one answer. When I speak to you and
review your case, I'll make an assessment as to
how much work will be involved in case
preparation, and how many court dates it will
take to resolve.
I do charge flat fees, so that way you'll know
up front what your case will cost, with no
hidden surprises or extra expenses. And I'll
quote you a fee during our consultation, so you
can make the decision at that point.
Some lawyers who don't handle many criminal
cases would probably charge you less then I
will. I'm confident I can make a compelling case
that when you're facing the prospect serious
criminal penalties and a record that will follow
you for the rest of your life, you'll want
someone with the right experience and proven
results, on fighting on your side.
Q: Am I facing a
misdemeanor or a felony charge?
A: It depends on the crime, or if you are
charged with a 2nd or subsequent offense. For
example a DUI charge is a misdemeanor for a 1st
or 2nd offense, but it is a felony for a 3rd
offense on greater.
Most crimes are misdemeanors.
The maximum penalty for a misdemeanor charge in
Rhode Island is 1 year in jail and a $1000 fine.
There are also "petty misdemeanors" with a
maximum penalty of 6 months in jail, and a $500
fine, although there is little practical
difference.
Felonies have much
more severe penalties which often include
mandatory jail or prison time if found guilty. A
felony charge has is punishable by a fine of
over $1000, and a year or more in jail.
There is also a minor category of offenses
called "violations", which are minor offenses
such as traffic tickets. There is no possibility
of jail time, and the maximum fines are less
than $500.
Should I Refuse to take a
Breath or Blood Test if I am asked to do so by
the police?
This is a difficult question to answer. For a
first offense breath test refusal, you will
automatically face a 6 month driver's license
suspension for refusing to agree to a
breathalyzer/breath test.
However, if you can
manage for 6 months without your driver's
license, and if it is a first offense DUI
charge, you will often get a deal from
the prosecutor to dismiss the criminal charge of
the DUI in exchange for pleading guilty to the
civil charge of refusing the breath test.
A dismissal of the criminal charges is a very
good outcome for most people, since it means you
don't have a criminal record.
If you choose to fight your criminal DUI charge
in court, the fact that you refused the breath
test will not be admissible in court. There will
be no mention a the breathalyzer/chemical/breath
test in your trial.
Q: Does Rhode Island have
a provision for a "hardship" license if my
license has been suspended for a DUI or other
driving infractions?
A: No, there is no hardship or limited work
license issued by the Division of Motor Vehicles
(RI DMV).
Your best bet is to challenge the license
suspension at a hearing, within 30 days of the
offense. This hearing is critical to your chance
to maintain your right to drive. Contact me
immediately for help on how to save your
license.
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
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