Tuesday, May 27, 2014

Hopkinton Man Charged With Second Offense DUI and Chemical Test Refusal

Over Memorial Day weekend, a Hopkinton man was charged with second offense DUI and refusal to submit to a chemical test after he was pulled over in the parking lot of a local liquor store.  According to bystanders who flagged down the police, the driver was operating the wrong way on Route 138 and the driver sideswiped another vehicle and failed to stop after the accident.  He was also charged with leaving the scene of an accident resulting in damage to property.  The man was arraigned at the police station and held on $50,000 surety bail.  To read more about this story, visit the Providence Journal website HERE.


In Rhode Island, a second offense DUI charge is an extremely serious offense which carries a mandatory jail sentence if convicted.  There are a few conditions that must be met to ensure that a second offense DUI charge is properly brought by the charging police department.  Surprisingly, the police departments can frequently charge the wrong offenses.  

First, to be charged with a second offense DUI in Rhode Island, you need to have previously been convicted of a criminal DUI charge.  This does not including chemical test refusal convictions and it does not include reckless driving convictions, you must have been convicted of a criminal DUI charge.

Second, the DUI conviction has to be within the past 5 years.  This means that if your DUI conviction was more than 5 years ago, the police cannot charge you with a second offense DUI.  However, this prior offense will still be used against you as a factor in sentencing, if you are convicted.


As indicated above, a second offense DUI charge in Rhode Island carries a mandatory jail sentence.  If the second offense DUI is a case with blood alcohol content readings between 0.08 and 0.15 or with no readings (BAC Unknown - refusal cases), the mandatory minimum sentence is 10 days in jail.  If the second offense DUI is a case with blood alcohol readings over 0.15, the mandatory minimum sentence is 6 months in jail.  However, these are mandatory MINIMUM sentences, and prosecutors often seek much longer jail sentences in these cases.

The Law Offices of Matthew T. Marin, Esquire, Inc.

If you or a loved one has been charged with driving under the influence of alcohol or drugs or any other criminal offense in Rhode Island, you need to immediately call Attorney Matthew Marin for skilled and aggressive criminal defense representation.  We will begin working immediately to ensure that your rights are protected and that you can put the best defense possible forward.  Attorney Marin is available 24/7 to discuss your case and to schedule a no fee, confidential consultation at one of our convenient office locations.  Contact us today by phone at 401-228-8271 or email at mm@matthewtmarin.com, or fill out the contact form on our Website.  If you need help with a crime involving drugs or domestic violence or a car accident, visit our drug defense website, our domestic violence website, our car accident website.

PHONE: 401-228-8271