Category Archives: DWI

How to Beat a DUI in Rhode Island

This post was inspired by a colleague of mine who opened a criminal defense and DUI defense practice in Rhode Island. Feel free to view his website here.

If you’ve been involved in a DUI personally or know someone who has, you are probably familiar with the stress and confusion that comes along with it. Driving Under the Influence (often referred to as a DUI or DWI) can be a life-altering event. What’s more is that it can cause a tremendous amount of uncertainty as to how your future will look moving forward.

People that are involved in DUI’s in Rhode Island often think that because they were caught and arrested for a DUI that they must plead guilty and accept the worst consequences. That is not always the case. There are various different ways that someone could beat a DUI case in the state of Rhode Island, as the laws in Rhode Island differ from other states. The first thing you should do if you have been arrested is to seek immediate legal help from a qualified RI DUI attorney. The more time that you give you lawyer to understand your case and craft a sound argument to defend you, the better the outcome may be for you.

In addition to retaining a qualified, experienced DUI lawyer, it is also important to educate yourself in terms of how the case will proceed. There is a big misconception that if you fail your breathalyzer test or field sobriety test that you will automatically be found guilty. That is not always the case. In fact, there have been many individuals that have not been found guilty after having failed these tests. Why? Breathalyzer machines and the police officers that utilize them in their test are not free from error. If they are proven to have made a mistake in their test, the case could be dismissed. In addition to errors made by the breathalyzer or police officer, there are other ways that one could fight a DUI charge:

– The police officer pulled over the vehicle for an invalid reason.
– The BAC level was taken at the wrong time.
– The breathalyzer didn’t give an accurate reading.

It is important to remember that the Blood Alcohol Content (also called “BAC”) rises and falls at different intervals. This is due to a wide variety of factors: how much food the person ate, how the body processes the alcohol, etc. What often happens is that the officer will test the BAC at the station after a field sobriety test. This means that the alcohol has had more time to be absorbed into your system and it does not always represent the BAC at the time of being pulled over.

If a person were to refuse to have their BAC tested, they could be charged with a DUI regardless. If so, their could be a variety of penalties, such as having the drivers license revoked. An experienced, qualified DUI attorney can help in cases like these.

If you’ve received a DUI and you’re not sure how much it will cost, first think about how being found guilty would affect your future. Would you be able to get to work without a license? Would you be able to enjoy time with friends and family at a bar or public place where alcohol is being served? A DUI can have some serious long-term effects when it comes to the professional and social world. Retaining an experienced DUI attorney may cost a lot upfront but it will pay for itself down the road. Also, many RI DUI lawyers have payment plans and take credit.

Disclaimer: None of the information on this website is legal advice. Do not take any of this information as legal advice. If you do, we are not deemed liable for anything that should occur. Seek a professional, qualified, experienced attorney to help answer any of your legal questions/concerns.

Felony DWI – What is it?

Unlike the regular misdemeanor DWI’s (driving while intoxicated), certain DWI’s could trigger the special filing of a felony driving while intoxicated (a criminal offense that we handle at Feldman Criminal Defense). This offense comes with serious penalties when compared to your regular DWI’s.

Don’t be fooled, these are two distinct criminal matters that require speedy, experienced rendering.  For this reason it will be critically important to have a legal team with all the resources, experience and level of skill needed to represent your best interests. Not doing so could potentially jeopardize your life and reputation.

DWIs are usually politically efficient. Quite a few advocacy groupings actively lobby nys legislature to generate the rules much more stringent as compared to they are already. You will need to educate yourself concerning those rules and your rights. Key for your defense is to be able to intelligently communicate the methodology employed by the arresting police officer and argue any errorors to your jury as well as the court.  That alone is why having the best representation will be paramount to your success and freedom.

If you want successful rendering  for the felony DRIVING WHILE INTOXICATED, the attorney you decide on must be one which is familiar and practices in this area regularly. For more information, contact us today!