RI DUI Lawyer
Are you CHARGED WITH DUI OR refusal to consent to a breathalyzer in Rhode Island? You should contact an experienced Rhode Island dui lawyer right away to protect your rights. Attorney Terence Livingston, your Rhode island DUI lawyer, and has aggressively and successfully defended people in DUI cases for over 30 years in Rhode Island. Rhode island DUI laws are among the country’s toughest for Drunk driving, driving while intoxicated (DWI), and driving under the influence (DUI). Convictions can have serious consequences including:
- Loss of your driver's license
- Potential loss of freedom with jail time
- Problems with job applications
- Red flags on background checks
- Potential loss of a professional license
- Skyrocketing insurance rates
- Damage to your credit rating
- As well as social and family problems.
If your civil rights were violated in your arrest, or if there are flaws in the evidence or police procedure, it is often possible to get the charge dismissed altogether. There is always a strong defense strategy for DUI and refusal cases if you begin soon after being charged, even if the breathalyzer or other evidence seem overwhelming. Whether this is your first charge or if you have a record of prior offenses, it is important to talk to Attorney Terence Livingston an experienced Rhode Island DUI lawyer immediately to preserve your rights.
In Rhode Island, the prosecution can prove the elements of a DWI or DUI charge without a chemical test, commonly referred to as breathalyzer results. These cases are referred to as “observation” cases, because the Government will have to prove you could not safely operate a motor vehicle from observing your driving and conduct. These observations include but are not limited to, the odor of alcohol on the breath, slurring of speech, bloodshot and watery eyes, a ruddy complexion, an unsteady gait, and poor coordination depending on the facts and circumstances.
It is much more difficult for the prosecution to prove the elements of a DUI without an analysis of a person’s blood alcohol content, through a breathalyzer; however, it can be done in a variety of different factual scenarios. Usually, one or more of these observed signs comprise the basis for the officer's probable cause in making the arrest. However, there are multiple explanations for the above symptoms; you should contact an experienced Rhode Island DUI lawyer to properly defend your case at the earliest possible time.
There are four basic scientific tests which may be conducted to determine the degree of intoxication: blood, urine, breath, and saliva tests. The results of urine, saliva, and breath tests for alcohol must be converted into a blood-alcohol reading in order to be useful in determining whether the subject was intoxicated. Rhode Island General Laws § 31-27-2.1 provides that Rhode Island law enforcement shall administer chemical tests only upon having reasonable grounds to believe that the operator is under the influence of alcohol and/or drugs. R.I.G.L. § 31-27-2.1. Section 31-27-2(c) outlines various procedures with which the prosecution needs to prove that it complied with in order to introduce the chemical test at trial.
These procedures include obtaining a valid consent for the test, mailing copies of the test results to the Defendant within specified time periods, ensuring that the test was performed by a person with proper certification of training and on a machine that had been recently checked for accuracy, and informing the Defendant of his right to an additional, independent chemical test, and a confidential phone call.
No one in RI should ever face criminal charges without a competent Rhode Island DUI lawyer, that they can put their faith in to defend their rights. Further, successful legal defense against DUI or failure to submit to a breathalyzer charges, may avoid the possibility of later facing the dramatically elevated penalties for a repeat DUI offender for a subsequent conviction.
Attorney Livingston is a successful Rhode Island DUI lawyer and Rhode Island criminal defense lawyer handling a vast array of cases of every kind. If you want an aggressive Rhode Island DUI lawyer in Providence, Newport, Warwick, Narragansett, or other local areas, hire a RI DUI lawyer you can depend on, Attorney Terence Livingston.Contact Us 24/7
Rhode Island DUI Defense Lawyer from a Former Prosecutor
I am Attorney Terence Livingston. As a former prosecutor in the Rhode Island Attorney General’s office, I have valuable insight that allows me to build strong Rhode Island criminal defense cases that keep the prosecution’s perspective in mind at all times. That prosecutor’s perspective allows me to understand how the other side of the law is looking at your case and what I need to do secure the best possible resolution for you. If you are in need of a RI DUI lawyer, contact me for a free initial consultation.
Personal Attention from Beginning to End
I work to give each and every client the utmost personal attention as his or her case proceeds. I know that for many of my clients who are facing DUI or failure to submit to a breathalyzer charges, this may be their first brush with the law that is more serious than a parking ticket. In addition to building strong cases, I also work to help my clients understand the process they face and give them peace of mind. If you have been arrested for DUI or refusal, you have already made one bad decision. Don’t make another one by hiring the wrong RI DUI lawyer.
When criminal charges in federal or state court threaten to ruin your life, turn to Terence Livingston, a RI DUI Lawyer. To schedule a free consultation, call 401-861-8121 or contact my office online. Serving clients in Providence, Newport, Warwick, Narragansett and other cities and towns throughout RI.