Are You Facing A DUI Charge?
An experienced drunk driving law attorney in Rhode Island can often challenge the stop and subsequent arrest in a DUI case. At the The Law Offices of Richard S. Humphrey, our firm has over 30 years of experience handling cases that involve DUI/DWI arrests.
Was there probable cause for the stop?
Sobriety checkpoints consisting of roadblocks where officers stop motorists to observe check for intoxicated drivers are deemed unconstitutional and are illegal in Rhode Island.
The prosecution must show that the police officer had probable cause to stop you. Reasons such as you were out driving late at night, the officer observed your car pulling away from a bar, an anonymous tip, or the officer wanted to check your driver’s license and insurance coverage do not constitute probable cause. Attorney Humphrey can easily defend against reasons such as these.
Probable cause must show suspicion that you committed a crime. A lawful basis for stopping a car under suspicion of DUI or for other violations would involve reasons, such as:
- Traffic violations
- Straddling the center line
- Drifting into other lanes
- Night driving without headlights on
- Abrupt turns
Suppression Motions Used By Drunk Driving Attorneys
Our firm can challenge an illegal stop by entering a motion to suppress evidence based on the illegal measures used by authorities. When the court grants a motion to suppress, subsequent actions are inadmissible. In a DUI case, chemical tests, recorded statements, and other evidence gathered subsequent to the illegal stop become inadmissible, often resulting in case dismissal.
Other illegal actions that may give rise to a motion to suppress include:
- Failure to advise the defendant of his or her rights in a DUI arrest
- Failure to follow proper procedures in administering a chemical test
- Failure to advise the defendant of rights in chemical test refusal charges
- Failure to inform the defendant about the penalties for refusing a chemical test
- Failure to inform the defendant of the right to be immediately examined by a physician of the defendant’s choice
Speak To Attorney Richard S. Humphrey
A considerable amount of investigation and evidence review go into preparing an effective DUI or DWI defense. However, the prosecution bears the burden of proving its case and a skilled and experienced attorney has many options for effective defense strategy.