REFUSAL AND DWI

[Anthony Boitano]

I was pulled over for a lane violation, no accident was involved. I I took the field sobriety test and was arrested, I refused the test. The Trooper charged with refusal 1st offense and DWI first offense. I was extremely cooperative.
My record is completely clean. No accidents or violations.
If I plea nolo to the refusal, what are my chances of getting the DWI dismissed and getting the minimum sentence
I took the field sobriety test and was arrested, I refused the test.
Thanks in advance for any light that could be shed on this subject!

S550 4maticI was pulled over for a lane violation, no accident was involved. I I took the field sobriety test and was arrested, I refused the test. The Trooper charged with refusal 1st offense and DWI first offense. I was extremely cooperative.
My record is completely clean. No accidents or violations.
If I plea nolo to the refusal, what are my chances of getting the DWI dismissed and getting the minimum sentence
I took the field sobriety test and was arrested, I refused the test.

Thanks in advance for any light that could be shed on this subject!

 

[army judge]

You reported the following:
"I took the field sobriety test and was arrested, I refused the test.

Thanks in advance for any light that could be shed on this subject!"

Author's note: The traffic stop was effectuated in RI.

An alcohol-related license suspension can result from a conviction under RIGL 31-27-2, Driving under influence of liquor or drugs, or RIGL 31-27-2.1, Refusal to submit to chemical test.

In addition to the motorist's period of license suspension, the motorist will also be required to comply with any other sanctions ordered by the sentencing court.

The most common sanctions that accompany an alcohol-related license suspension are the granting of a hardship license in conjunction with the installation of an ignition interlock device, the installation of an ignition interlock device only, alcohol treatment, alcohol education, and/or public community service.

All alcohol education, alcohol treatment, and public community service sanctions are monitored by the Driver Retraining Office of the Rhode Island Division of Motor Vehicles.

The Driver Retraining Office is located within the Adjudication Office on the first floor of the DMV Headquarters, 600 New London Avenue, Cranston, RI 02920.

================


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HomeRhode IslandViolations & SafetyDUI & DWI
DUI & DWI in Rhode Island
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Rhode Island takes a hard stance against drunk driving. The state's stringent laws and penalties are based on age and blood alcohol content (BAC) levels.

The state defines driving while intoxicated (DWI) as any driver with a BAC of 0.08% or higher. The law is less tolerant for drivers under 21 years old who can be charged with DUI - driving under the influence - for a BAC between 0.02% and 0.08%.

A charge of DWI or DUI that results in serious injury or the death of someone is considered a felony.

Implied Consent
Under the Implied Consent laws in Rhode Island; if you operate a vehicle in the state you are giving consent to chemical blood alcohol content (BAC) test. If the results of this test show at or above the legal limit you can be charged with a DWI or a DUI.In the case of an accident that results in serious injury or death, law enforcement can deny a driver's right to refuse a BAC.

Refusing a Chemical test
If you refuse to take a BAC test you will still face penalties under the Implied Consent laws. A first offense can include these penalties:

Driver's license suspension by the RI DMV for 6 months.
Community service.
Drunk driving school or alcohol treatment program.
Fines.
Highway safety assessment fee.
Penalties for Refusing a Chemical Test
In addition to the penalties listed below, you also face the possibility of a Highway Safety Assessment fee of $500, a $200 assessment fee for the Department of Health Chemical Testing Program, and possible enrollment in a driving school and/or an alcohol treatment program.

1st offense as an adult (18 years old and over):

Fine: $200 to $500.
Community Service: 10 to 60 hours.
Suspended license: 6 months to 1 year.
1st offense under 18 years old:

Fine: $200 to $500.
Community Service: 10 to 60 hours.
Suspended license: 6 months.
2nd and subsequent offenses for refusing a chemical test include jail time, higher fines, mandatory ignition interlock device, and other serious penalties. These penalties apply to driver's of all ages.

Penalties for DUI
Those under 21 years old can be charged with "driving under the influence" DUI as they are under the legal drinking age in Rhode Island. This charge is used with underage people who have a BAC of 0.02% and 0.08%. For a first offense the penalties are:

Suspended license: 6 to 18 months.
Community service: 10 to 60 hours.
Highway Safety Assessment: $500.
It is also important to note that transporting alcohol, whether with an open container or not, or simply being in possession of alcohol, is against the law. Either of these charges will cause a suspension of your license even if you are not driving at the time of the charge.

Penalties for DWI
The penalties for a DWI charge can vary greatly and will depend on number of offenses, BAC level, age and whether the charge was the result of an accident or injury. Below is listed the penalties for a 1st offense. 2nd and subsequent offenses within 5 years, or 1st offenses with higher a BAC, can result in lengthier jail time, higher fines, longer license suspension and more community service.

1st offense 21 years old and over - BAC between 0.08% and 0.10%:

Fine: $100 to $300.
Additional fee: $86.
Suspended license: 30 to 180 days.
Jail: up to 1 year.
Community service: 10 to 60 hours (discretion of the court).
Alcohol and/or drug treatment and class on DWI.
1st offense under 18 years old - BAC of 0.08% or higher:

Highway Safety Assessment: $500.
Community service: 10 to 60 hours.
Suspended license: 6 to 18 months.
Mandatory participation in a special course on DWI
Alcohol and/or drug treatment.
Penalties for DWI Resulting in Serious Injury or Death
DUI charges that are the result of an accident which caused serious injury or death are dealt with very severely in Rhode Island.

1st offense any age - DUI resulting in serious injury:

Jail sentence 1 to 10 years.
Fine: $1,000 to $5,000.
Revoked license: up to2 years.
Alcohol and/or drug treatment.
1st offense any age - DUI resulting in death:

Jail sentence 5 to 15 years.
Fined $5,000 to $10,000.
Revoked license for 5 years.
Alcohol and/or drug treatment.
Ignition Interlock Device
If the court grants you a Hardship license or requires you to have a Ignition Interlock Device (IID) you will need to take certain steps to meet this responsibility. First you will need to have an IID installed by a company which is state certified. You will most likely need to pay an installation fee and a monthly maintenance fee. You will then need to bring the following to the Division of Motor Vehicles Adjudication office. For a hardship license or a court ordered IID you will need:

IID installation certificate.
Court order information including hours of operation for hardship license.
Proof of insurance.
DMV Adjudication IID fee of $100.
Drivers license update with restriction fee $22.50.
For a court ordered IID you will also have to pay reinstatement fees:

Driver's license: $352.50.
Registration: $252.50.
Failure to report to the DMV can result in more penalties.
Reinstating Your License
In order to have your license reinstated you will have to contact Adjudication. The office located on the 1st floor at DMV Headquarters at 600 New London Ave, handles all license suspensions as well as driver retraining programs.

Rhode Island DUI & DWI Laws & Enforcement | DMV.ORG
...

My suggestion is to STOP talking or posting about the arrest and additional issues.

You should be seeking to retain defense counsel.
If you are financially unable to hire counsel, ask the court if you qualify for a public defender.

In the meantime, stop talking about this event.

Stop posting about it.

Speak only to your private lawyer or public defender.

You shouldn't assist the prosecutor in her efforts to convict you.

You're facing a very serious charge.

You made it more serious by REFUSING.

Stop the bleeding, use your constitutional RIGHT not to testify against yourself.

 

[Zigner]

I'm sure this was mentioned above, but let me distill it for you:

You need an attorney.

 

[adjusterjack]

Nolo is the equivalent of guilty (as a practical matter).

Don't do it.

Hire a lawyer.

 

[Tax Counsel]

It was not your refusal to do the field sobriety test that got you into trouble. You can refuse to do that. The field sobriety test is a test where the cop asks you to perform a variety of simple coordination tests, like closing your eyes, extending your arm, and then touching your nose or walking a straight line with your feet placed heel-to-toe.

What the ticket you linked says is that you refused the chemical test. That is the test that measures you blood alcohol level by breath or blood test. That test is required under state law in every state (because the federal government will withhold federal money to states that don't require it) and there are consequences for refusing it.

You are evidently charged with a DWI offense. Those are not good cases to try to handle yourself. If you do, you're very likely to end up convicted. This is one of those times when hiring a lawyer is well worth it. A DWI conviction can be costly in a number of ways. You want to avoid that if you can, and if you can't, you'll want a lawyer to help you negotiate with the prosecutor the best outcome possible given the evidence the state has against you.

 

[JustCause]

View attachment 4378 View attachment 4379 I was pulled over for a lane violation, no accident was involved. I I took the field sobriety test and was arrested, I refused the test. The Trooper charged with refusal 1st offense and DWI first offense. I was extremely cooperative.
My record is completely clean. No accidents or violations.
If I plea nolo to the refusal, what are my chances of getting the DWI dismissed and getting the minimum sentence
I took the field sobriety test and was arrested, I refused the test. View attachment 4378View attachment 4378
Thanks in advance for any light that could be shed on this subject!

View attachment 4378 View attachment 4379 S550 4maticI was pulled over for a lane violation, no accident was involved. I I took the field sobriety test and was arrested, I refused the test. The Trooper charged with refusal 1st offense and DWI first offense. I was extremely cooperative.
My record is completely clean. No accidents or violations.
If I plea nolo to the refusal, what are my chances of getting the DWI dismissed and getting the minimum sentence
I took the field sobriety test and was arrested, I refused the test. View attachment 4378
View attachment 4378
Thanks in advance for any light that could be shed on this subject!

First of all, NEVER agree to take any test. They are given with the purpose of incriminating you, not establishing your innocense. Second of all...learn to use your right to remain silent. You are NOT obligated to answer questions without the benefit of your attorney. If you don't have an attorney, then CERTAINLY remain silent until one can be appointed to you.

 

[justblue]

First of all, NEVER agree to take any test. They are given with the purpose of incriminating you, not establishing your innocense. Second of all...learn to use your right to remain silent. You are NOT obligated to answer questions without the benefit of your attorney. If you don't have an attorney, then CERTAINLY remain silent until one can be appointed to you.

Please, stop digging up dead threads. The original poster has not been back since July 7th.

 

[JustCause]

Please, stop digging up dead threads. The original poster has not been back since July 7th.

I apologize. I felt it still relevant...

 

[adjusterjack]

Yes, it's relevant, so I'm leaving it in.

But, please, stick to current threads.

There will eventually be more drunk drivers posting to lament their plight.

 

[Zigner]

There will eventually be more drunk drivers posting to lament their plight.

Let's just hope they don't grasp at the straws that JustCause is presenting.
Or, even worse, believe the information presented without thoroughly researching it based on their own state's law.

 

[justblue]

Let's just hope they don't grasp at the straws that JustCause is presenting.
Or, even worse, believe the information presented without thoroughly researching it based on their own state's law.

IMO Just Cause is confused. She is in the medical field and their requirements for consent are different. Medical consent does not apply to criminal law and DUI cases.

 

[zddoodah]

I took the field sobriety test and was arrested, I refused the test.

I assume that the test you refused was a blood/breath/urine test. Correct?

If I plea nolo to the refusal, what are my chances of getting the DWI dismissed and getting the minimum sentence

If the DWI were to be dismissed, then you'd get no sentence, but I'm at a loss to understand why you think pleading nolo to the refusal charge might result in the DWI being dismissed. If you're asking whether you might be able to negotiate a plea bargain along these lines, I'd say probably not, unless you change the nolo plea to a guilty plea. However, a lot depends on the evidence and your state's laws, and you would be an absolute fool to do anything except on advice of a local attorney.

First of all, NEVER agree to take any test.

That's bad advice. Refusing a test for which you have already given implied consent pretty much guarantees you'll be arrested and may result in your vehicle being impounded.

 

[doucar]

I assume that the test you refused was a blood/breath/urine test. Correct?




If the DWI were to be dismissed, then you'd get no sentence, but I'm at a loss to understand why you think pleading nolo to the refusal charge might result in the DWI being dismissed. If you're asking whether you might be able to negotiate a plea bargain along these lines, I'd say probably not, unless you change the nolo plea to a guilty plea. However, a lot depends on the evidence and your state's laws, and you would be an absolute fool to do anything except on advice of a local attorney.




That's bad advice. Refusing a test for which you have already given implied consent pretty much guarantees you'll be arrested and may result in your vehicle being impounded.

And losing your driver's license for at least a year.