Rhode Island Driving Under the Influence - DUI - Questionnaire

State:
Multi-State
Control #:
US-Q1012
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a DUI/DWI matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

DUI is short for ?Driving Under the Influence? [of drugs or alcohol]. Similarly, DWI stands for ?Driving While Intoxicated.? Any driver operating a vehicle with a Blood Alcohol Concentration above the legal limit gets a DWI charge.

A first offense DUI in Rhode Island is a misdemeanor criminal offense and carries up to one year in jail.

The penalties include a mandatory license suspension, mandatory community service, hefty fines and costs, as well as a possible jail sentence of up to one year. The license suspension for a first offense DUI conviction can range anywhere from three to twelve months.

There is one main advantage in choosing not to submit to a breathalyzer test. The penalty you receive for your first refusal will not be considered a criminal conviction on your record. Refusing the test for a second time will, however, be considered a criminal offense in the state of Rhode Island.

If the charge of DUI against you was dismissed, you were acquitted, or you were found not guilty of the DUI charge, you likely will need to file a Motion to Seal. If you were convicted of the DUI charge by way of a plea or by a conviction after trial, then you will likely need to file a Motion to Expunge.

If the officer then sees signs of intoxication, they can ask the driver to take a Standard Field Sobriety Test (SFST). If the driver takes and fails the SFST, that gives the police officer evidence of impairment and probable cause to arrest the driver on DUI/DWI charges.

In all states, a DUI first offense is treated as a misdemeanor and punishable by up to six months in jail. Note that some states require mandatory jail sentences for even a first-time offender, which may last several days.

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Rhode Island Driving Under the Influence - DUI - Questionnaire