Rhode Island DUI Attorney

The experience of being pulled over, arrested and charged with a DUI/DWI or refusal can be mortifying. Unfortunately, this is just the beginning. The process of defending yourself against this charge is complex and frustrating. It is essential to the outcome of your case that you hire an experienced, unintimidated attorney who will work zealously to protect your rights.

At Assalone & Associates, LLC, our attorney has more than 27 years of experience helping individuals who have been charged with DUI or DWI or refusal to take a Breathalyzer. The laws and procedures in this area are always changing and our lawyer is committed to staying current with trends and issues so she can offer our clients the best representation possible.

Attorney Veronica Assalone has a proven track record of winning cases for her clients in both criminal law and family law. Former clients have said, “She is an exceptional lawyer with her clients’ best interests at heart,” and, “She has given me my life back.”

Misconceptions Are Common in Rhode Island DUI Law

One such area of change revolves around the breath test. It was once thought that refusing a breath test was the best course of action. In reality, most people will be charged with DUI/DWI even if they refuse a breath test, and one can lose his or her driver’s license much faster. In most instances, when there is no accident or injury, we recommend that you take at least one phase of the breath test in an effort to protect your rights.

Many individuals falsely believe they may still be able to drive after a drunk driving charge or conviction. While this is untrue, our attorney is often able to delay the inevitable for years.

Is a Refusal Worse Than a DUI?

Although a DUI conviction is not as serious as refusing to submit to a post-arrest chemical test, doing so can still result in harsh penalties. A first offense carries a maximum fine of $500 (not including other fees), and driver’s license suspension for two years. In comparison, a first DUI conviction is punishable by a maximum jail term of one year, a fine of up to $400, and driver’s license suspension for one year.

A first-time test refusal is a civil violation, which means it will not be considered a criminal conviction on your record. However, a second refusal offense is a misdemeanor offense, punishable by a jail sentence of up to six months, a maximum fine of $1,000, and license suspension for two years. A third refusal can result in a maximum jail term of one year, a fine of up to $1,000, and license suspension for five years.

How Long Does a Refusal Stay on Your Record in RI?

According to Rhode Island law, all alcohol-related traffic offenses, including chemical test refusals, shall be automatically expunged from a person’s driving record after five years from the date of conviction.

As we mentioned earlier, a first offense refusal is a civil violation and will not appear on a criminal record. Since a second and subsequent offense are considered crimes, these convictions will appear on a criminal background check. In order to remove a conviction from a criminal record, it is necessary to seek expungement in court.

Ready to Defend You Immediately!

DUI and refusal charges are incredibly complex. You will be facing both civil and criminal hearings and fines. The complications increase if a breath test refusal is involved. It can be easy for an inexperienced individual or attorney to get lost and confused. We are wholly committed to our clients, and we will take each case as far as it needs to go to get the best results possible.

Call (401) 589-5599 or email us today.

Our senior attorney, Veronica Assalone, is proficient in Spanish, French, German, Italian and American Sign Language. Our office assistant speaks Spanish.

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