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Listen to 6/16/12 radio show - "Law Talk"


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Law Talk with Kevin Hagan - 6/16/12

Listen below to the most recent episode from my radio show, “Law Talk”, which aired last Saturday, June 16th on WADK 1540 AM



Tune in to
"Law Talk" every Saturday at 9:30 am
on
WADK 1540 AM
Covering Newport County


http://www.wadk.com/am/contactus.htm

Listen to 6/9/12 radio show - "Law Talk"


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Law Talk with Kevin Hagan - 6/9/12

Listen below to the most recent episode from my radio show, “Law Talk”, which aired last Saturday, June 9th on WADK 1540 AM

Attorney Kevin Hagan discusses the First Amendment, the Cranston “Prayer Banner”, freedom of Religion and expression in schools, freedom of speech, and the the judicial selection process in RI.



Tune in to
"Law Talk" every Saturday at 9:30 am
on
WADK 1540 AM
Covering Newport County


http://www.wadk.com/am/contactus.htm

Rhode Island DUI/OUI Laws


Laws and Penalties for Drunk Driving in RI


Rhode Island has relatively strict laws on drunk driving/DUI, and the penalties may be different from year to year, depending on any recent legislation being passed by the legislature.

Cases in which a suspect agrees to submit to the breathalyzer test are often times handled differently from those cases in which the suspect refuses the test. A refusal case usually centers on whether the police had a reasonable basis for asking the motorist to submit to a chemical test; however, a breathalyzer test usually involves an effort to suppress the results of the rest itself.

Generally speaking, it becomes easier for the prosecution to prove that a person is incapable of safely operating a motor vehicle if they have agreed to submit to a chemical test and the results are admissible at trial.

There are times when a refusal to submit to the chemical test can create more legal options for the suspect, in terms of their ability to either opt for refusal sanctions or criminal sanctions. These options can prove beneficial for those that may suffer employment consequences if they were to have a criminal conviction on their record.

Of course, different municipalities handle these negotiations differently, and State prosecutions may give rise to changing policy considerations within the Attorney General’s Office, as well as considerations hinging on the fear of negative press coverage. Also, a Judge’s discretion in crafting an appropriate sentence always provides the back-drop for any decision to negotiate a plea or proceed to trial.

No matter what the facts of a given case or the applicable law, it serves a suspect well to have an experienced former prosecutor identify the relevant issues in the case, and utilize them as leverage to negotiate a good result.

FIRST OFFENSE RI DUI Penalties


If you refuse to take the breath test, your license MAY be suspended for 6 months, and you face other refusal penalties.

RI DUI/OUI Penalties - First Offense Rhode Island Drunk Driving/DUI/OUI Penalties - BAC .08-.10 (over 21)


- Fine $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


RI DUI/OUI Penalties - First Offense with a BAC between .10-.15


- Fine $100-$400
- One year in jail or 10-60 hours of community service
- Suspended license 3-12 months


RI DUI/OUI Penalties - First Offense with a BAC of .15 or Higher


- Fine $500
- One year in jail or 20-60 hours of community service
- Suspended license 3-18 months
- Mandatory participation in a drunken driving course and/or alcohol/drug treatment program.


First Offense Civil Charge of Refusing to take a Breathalyzer/BAC Test - (Relating to a RI DUI/OUI/Drunk Driving Charge)


- Suspended license six months (Mandatory Minimum) to one year
- Fine $200-$500
- Community Service for 10-60 hours
- Highway Safety Assessment Fee ($500)
- Possible enrollment in a driving school and/or an alcohol treatment program
- Pay a $200 fee to support the Department of Health chemical testing program


RI DUI/OUI Penalties - First Offense - 18-21 Years Old with a BAC of .02 or Higher


- Up to 30 hours of community service
- $250 Fine
- License suspended for 3 months, after attending a drunk driving/DWI class and enrollment in an alcohol treatment education program


RI DUI/OUI Penalties - First Offense - 18 or Younger with a BAC of .02 or Higher


- 10-60 hours of Community Service
- License suspended for 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
- If you are facing a Second Offense, please call me at 401-487-8691 for more info.


SECOND (2ND) OFFENSE Rhode Island Drunk Driving/DUI/OUI Penalties (over 21)



RI DUI/OUI Penalties - Second Offense (within Five Years) - BAC between .08-.15%


- Fine $400
- Suspended license for up to two years
- Minimum 10 days to one year in jail
- Alcohol or drug treatment
- Possible installation of an ignition interlock system for up to two years


RI DUI/OUI Penalties - Second Offense (within Five Years) - BAC of .15% or Higher


- $1,000 Fine
- Jail for 6-12 months
- Suspended license for two years


Second Offense Civil Charge of Breathalyzer Test Refusal (within 5 years) on a DUI/OUI Arrest


- $600-$1000 Fine
- 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


RI DUI/OUI Penalties - Second Offense (18 or Younger) with a BAC of .02 or Higher


- $250 Fine in addition 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 program


RI DUI/OUI Penalties - Second Offense (18 or Younger) with a BAC of .02 or Higher


- Suspended license until age 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)
- If you are facing a Third Offense, please call 401-487-8691 for more info.


Third (3rd) Offense Rhode Island Drunk Driving/DUI/OUI Penalties (over 21)



RI Penalties - Third (3rd) Offense DUI/OUI, w/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


RI Penalties - Third (3rd) Offense DUI/OUI, w/BAC between .15% or Higher


- Fines $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


Third (3rd) Offense Civil Charge of Breathalyzer Test Refusal (within 5 years) on a DUI/OUI Arrest


- 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



Additional DUI Charges & Penalties



DUI 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


For more information on Rhode Island DUI laws, email me at kevin@kevinhaganlaw.com.

Attorney Kevin Hagan 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. Call today for a free, no-obligation, criminal defense consultation on any RI arrest or charge. (401)-487-8691- 24 hours!


Listen to 6/2/12 radio show - "Law Talk"


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Law Talk with Kevin Hagan - 6/2/12

Listen below to the most recent episode from my radio show, “Law Talk”, which aired last Saturday, June 2nd on WADK 1540 AM

Attorney Kevin Hagan discusses proposed RI legislation to reinstate the death penalty, the differences between federal and state prosecution and sentencing, Congress' power to regulate healthcare under the Commerce Clause of the U.S. Constitution, and medical marijuana in RI.



Tune in to
"Law Talk" every Saturday at 9:30 am
on
WADK 1540 AM
Covering Newport County


http://www.wadk.com/am/contactus.htm

Listen to 5/26/12 radio show - "Law Talk"


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Law Talk with Kevin Hagan - 5/26/12

Listen below to the most recent episode from my radio show, “Law Talk”, which aired last Saturday, May 26th on WADK 1540 AM

Attorney Kevin Hagan discusses alcohol-related cases, substance abuse counseling, hot pursuit and jurisdictional issues, and the DUI and Breathalyzer Refusal processes in Rhode Island.



Tune in to
"Law Talk" every Saturday at 9:30 am
on
WADK 1540 AM
Covering Newport County


http://www.wadk.com/am/contactus.htm