Law Offices of Matthew T. Marin, Esq. Inc.

We focus our practice on the aggressive and cutting edge defense of those charged with DUI and Chemical Test Refusal throughout Rhode Island as featured in The Providence Journal and Rhode Island Lawyers Weekly. If you or a loved one has been charged with driving under the influence (DUI) in Rhode Island, including the hotspots of Providence, Warwick, South Kingstown, or Newport, please read and review the information and material presented here. In addition, feel free to review the information related to Rhode Island DUI Penalties and the Rhode Island DUI Laws also found on our website. Attorney Matt Marin Answers A Frequently Asked Rhode Island DUI Question: Is my license to drive valid? After you have had an opportunity to review the information on our website, please give serious consideration to speaking directly with Attorney Matthew Marin. We will be able to answer your questions, calm your nerves, and provide you with a realistic, no nonsense evaluation of your case. As an experienced and locally based DUI attorney, we have handled cases like your in the past. This means we know what to expect, we can evaluate your case properly, and we can achieve the best result possible for you. Rhode Island DUI Laws are complicated and require the expertise and attention of an experienced DUI defense attorney. Most first offense DUI charges in Rhode Island are brought after one of two situations occurs: DUI Charges After Refusing A Chemical Test A majority of individuals in Rhode Island that are arrested on suspicion of driving under the influence refuse to submit to a chemical test; that can be either a breath test or a blood test. When you are arrested and charged with a DUI and Refuse a Chemical Test in Rhode Island you will in fact face two different cases in two different courts. The DUI charge is a criminal offense which is prosecuted initially in the Rhode Island District Court and it carries criminal penalties, including potentially up to one year in jail (even for a first offense). This driving under the influence charge is routinely referred to as a “DUI BAC Unknown.” The phrase “DUI BAC Unknown” indicates that the Police allege the Defendant operated a motor vehicle while under the influence of drugs or alcohol at a time when the Defendant’s blood alcohol content was unknown (due to the chemical test refusal). The Refusal Charge is a civil traffic violation which is prosecuted in the Rhode Island Traffic Tribunal and carries severe civil penalties, including up to a one year loss of your privileges to operate in Rhode Island. Penalties for DUI (BAC Unknown) in Rhode Island DUI Charges After Failing A Chemical Test If you find yourself charged with driving under the influence in Rhode Island and you submitted to a chemical test, the prosecution of the case against you is based upon your failed breath or blood test. In the case of a failed test, the severity or the degree of your DUI charge is based on the results of that breath or blood test. There are three ‘brackets’ in which the penalties become more severe as blood alcohol content results increase. The brackets for blood alcohol content in Rhode Island are 0.08 to 0.10 (lowest bracket), 0.10 to 0.15 (middle bracket), and 0.15 and above (highest bracket). In terms of legal jargon, the lowest bracket is often referred to as a “0.08 DUI) and the highest bracket is often referred to as a “0.15 DUI” or a “DUI with High Readings.” Penalties for DUI Charges with Readings in Rhode Island Top Rhode Island DUI Attorney – Recipient of the 2015 “10 Best” Award for DUI Defense in Rhode Island 10 Best Award Rhode Island DUI Lawyer Marin Recently, RI DUI Lawyer Matthew Marin was named one of the “10 Best” DUI Attorneys in the State of Rhode Island for 2015 by the American Institute for DUI/DWI Attorneys. This is the second year in a row that Attorney Marin has been named one of Rhode Island’s “10 Best.” You can visit the American Institute for DUI/DWI Attorney’s website and view their ranking and accrediting procedure. To receive the “10 Best” Award, an Attorney must be nominated by the Board, his Client’s and/or his Peers and, in addition to other criteria, the Attorney must have a 10/10 in Client Satisfaction. Providing Cutting Edge DUI Representation – Current Member of the National College for DUI Defense RI DUI Lawyer Matthew Marin NCDD Member As a Member of the National College for DUI Defense, we are constantly kept abreast of all cutting edge legal decisions and precedents as well as scientific issues and challenges that arise in the practice of DUI defense throughout the country. We have argued some of the most cutting edge and front line legal issues related to Rhode Island DUI Defense. In addition to cutting edge issues, Membership in the National College for DUI Defense makes available a wide range of legal and scientific resources which is often and consistently utilized in the defense of our Rhode Island clients. The Membership creates a competitive advantage when arguing motions and questioning witnesses and oftentimes prosecutors and other defense attorneys do not have access to this information. 2014 Rhode Island DUI Defense Victories CHARGE: DRIVING UNDER THE INFLUENCE OF ALCOHOL (DUI – BAC Greater than 0.15) POLICE REPORT: The Police observed the Client speeding and drifting over the centerline late at night. They conducted a motor vehicle stop and observed, in their opinion, that the Client was exhibiting the typical signs of impairment; strong odor of alcohol, slurred speech, bloodshot watery eyes. They requested she submit to standardized field sobriety tests which, in the Officer’s opinion, the Client failed. She was arrested and taken to the Police station where she submitted to a chemical breath test yielding results of 0.18 blood alcohol content. RESULT: DUI AMENDED TO RECKLESS DRIVING the case filed for one year (not a criminal conviction) with a six month of license on 9/22/14 CHARGES: (1) DRIVING UNDER THE INFLUENCE OF ALCOHOL (DUI – BAC Unknown) (2) REFUSAL TO SUBMIT TO A CHEMICAL TEST (Second Offenes) POLICE REPORT: The Police received a 911 call for a potentially intoxicated individual leaving a local convenience store. The Police were able to locate the suspect and pull him over after they observed the vehicle commit several motor vehicle violations. The Client was asked to submit to standardized field sobriety tests which, in the Officer’s opinion, he failed. The Client was arrested and taken to the Police station where he refused to submit to a chemical test. He was charged with first offense DUI and second offense refusal to submit to a chemical test because he was previously convicted of a chemical test refusal within the previous five years. RESULTS: (1) DUI AMENDED TO RECKLESS DRIVING the case filed for one year (not a criminal conviction) with a six month of license on 9/8/14 (2) REFUSAL CHARGE DISMISSED CHARGE: DRIVING UNDER THE INFLUENCE OF ALCOHOL (DUI – BAC Greater than 0.15) POLICE REPORT: The Police received a 911 call for an erratic operator who was all over the road in a local town. The Police were able to locate the vehicle and witnessed it commit several motor vehicle infractions. After stopping the car, they requested the Client submit to standardized field sobriety testing and, in their opinion, she failed to adequately perform those tests. The Client was arrested and taken to the Police station where she submitted to a chemical breath test yielding results of 0.25 blood alcohol content. RESULT: DUI AMENDED TO RECKLESS DRIVING the case filed for one year (not a criminal conviction) with a 30 day of license on 8/26/14 CHARGE: DRIVING UNDER THE INFLUENCE OF ALCOHOL (DUI – BAC 0.10 to 0.15) POLICE REPORT: The Police were on routine patrol for intoxicated operators after 1 am on a Saturday night. They witnessed someone from a vehicle infront of them screaming out the window at pedestrians. They believed that they identified that vechile and witnessed it commit several motor vehicle infractions including crossing over the double yellow lines. They effectuated a stop of the vehicle and spoke to the operator, the Client, who they beleived to be under the influence of alcohol. After standarized field sobriety tests were performed, the Client was arrested and taken to the Police Station. At the station, the Client submitted to a breathalzyer which resuled in readings of 0.10 and 0.097. The Client was then charged with driving under the influence (DUI BAC 0.10 to 0.15). RESULT: DUI AMENDED TO RECKLESS DRIVING the case filed for one year (not a criminal conviction) with a 90 day of license on 7/11/14 CHARGE: DRIVING UNDER THE INFLUENCE OF ALCOHOL (DUI – BAC OVER 0.15) POLICE REPORT: The Police were dispatched to a report of a vehicle of the roadway and stuck in a snow bank. When the Police arrived they witnessed an individual running out of the woods towards them. When they spoke to the individual he indicated that he had been driving and had slid on some snow and ice and run off the roadway. The Police observed the Client allegedly slurring his words and smelled a strong odor of alcohol emanating from his breath as he spoke. He submitted to standardized field sobriety tests which in the opinion of the police he failed. The Client was placed under arrest and taken to the police station where he submitted to a breathalyzer with test results of 0.16. The Client was charged with DUI (BAC Over 0.15), first offense. RESULT: DUI AMENDED TO RECKLESS DRIVING the case filed for one year with no loss of license on 5/12/14 CHARGE: SECOND OFFENSE DRIVING UNDER THE INFLUENCE OF DRUGS (PRESCRIPTION DRUGS) POLICE REPORT: The Police observed the Client operating on a local roadway. While behind the Client, they observed allegedly swerving wildly within his lane and into oncoming traffic. The Police conducted a motor vehicle stop and requested the Client submit to standardized field sobriety tests. According to the Officers, he failed the field sobriety tests. The Client submitted to a breath test on the scene resulting in a blood alcohol content of 0.03, well below the legal limit. The Client was then arrested on suspicion of driving under the influence of drugs. He made admissions to consuming prescription drugs and submitted to a blood test at a local hospital. The blood tests results indicated that the Defendant had significant levels of prescription drugs in his system at the time of the test. The Client was charged with second offense DUI (driving under the influence of drugs). RESULT: SECOND OFFENSE DUI REDUCED TO RECKLESS DRIVING on the day of trial and the case Filed for one year with no loss of license on 4/22/14 CHARGE: DRIVING UNDER THE INFLUENCE OF ALCOHOL (DUI – BAC BETWEEN 0.10 to 0.15) POLICE REPORT: The Police observed the Client operating on a local roadway. While behind the Client, they observed his vehicle to drift over the double yellow center lines and correct by drifting into the breakdown lane. The Police initiated a motor vehicle stop and spoke with the Client. While speaking with the Client, they observed his eyes to be bloodshot and watery and a strong odor of alcohol to be emanating from his breath. He submitted to standardized field sobriety testing which, in the opinion of the police officers, he failed. The Client was placed under arrest and at the Police station he submitted to a breathalyzer. The results of the breathalyzer indicated that his blood alcohol content was 0.10. He was charged with DUI (BAC between 0.10 and 0.15), first offense. RESULT: DUI CHARGE DISMISSED with no fines or penalties on 4/10/14 ABOVE CASE CLIENT TESTIMONIAL: CHARGES: (1) DRIVING UNDER THE INFLUENCE (DUI – BAC UNKNOWN) (2) REFUSAL TO SUBMIT TO A CHEMICAL TEST POLICE REPORT: The Police received a 911 call reporting an erratic operator. The Police arrived on the scene of stopped motor vehicle and observed the Client to be behind the wheel. In speaking with the Client, they witnessed signs that indicated that the Client was under the influence of alcohol or drugs. In attempting the submit to the standardized field sobriety testing, the tests were terminated as the Police believed that the Client was going to injure herself by taking the test. The Client was arrested on suspicion of driving under the influence of alcohol and/or drugs. At the Police Station, the Client was asked to submit to a chemical test which she allegedly refused. Based on that information, the Client was charged with driving under the influence (BAC unknown) and refusal to submit to a chemical test. RESULTS: DUI REDUCED TO RECKLESS DRIVING AND REFUSAL CHARGE DISMISSED, Reckless Driving charge Filed for one year with a 90 day loss of license on 3/27/14 CHARGE: DRIVING UNDER THE INFLUENCE OF ALCOHOL (DUI – BAC OVER 0.15) POLICE REPORT: Police were on routine patrol when the came upon a vehicle stopped in the lane of travel on a local road. The Police investigated and located the Client passed out over the steering wheel with the car running. After exiting, the Client allegedly failed the standarized field sobriety tests and was arrested. Back at the Police Station, the Client submitted to a chemical breath test which resulted in breathalyzer readings of over 0.15. The Client was charged with DUI (BAC Over 0.15), First Offense. RESULT: DUI AMENDED TO RECKLESS DRIVING on the day of trial and the case filed for one year with no loss of license on 3/26/14