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Law Offices of Richard S. Humphrey

A Personalized And Nonjudgmental Approach To Every Complex Challenge

Are You Facing A DUI Charge In Rhode Island?

An experienced drunk driving defense attorney in Tiverton, Rhode Island can often challenge the stop and subsequent arrest in a DUI case. At the The Law Offices of Richard S. Humphrey, our team has over 40 years of combined experience handling highly complicated cases that involve DUI/DWI arrests.

Was There Probable Cause For The Stop?

Sobriety checkpoints consisting of roadblocks where officers stop motorists to check for intoxicated drivers have been deemed unconstitutional and illegal in Tiverton, 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. We 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
  • Weaving
  • Straddling the center line
  • Drifting into other lanes
  • Night driving without headlights on
  • Tailgating
  • Abrupt turns

Suppression Motions Used By Drunk Driving Attorneys

We 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 after 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

How We Can Help With Your Specific Charges

From our Tiverton office, we offer nonjudgmental, solutions-oriented representation for a wide array of drunk driving and related charges throughout Rhode Island. We take the time to understand your unique situation and can help you navigate the complexities of:

  • Chemical test refusal: While the state enforces strict penalties for refusing a chemical test, we can protect your rights if authorities failed to properly advise you of the consequences of a refusal.
  • Chemical test litigation: We heavily scrutinize the procedures used during your arrest. If officers failed to follow the proper protocols for administering a breathalyzer or blood test, we will fight to have that evidence suppressed.
  • DUI involving death and injury: Accidents involving injuries or fatalities carry severe consequences and incredibly high stakes. We leverage our extensive trial experience to handle these highly complicated cases efficiently and discreetly.
  • Felony DUI: For repeat offenses or cases involving aggravating factors, we aggressively protect your personal freedom and professional reputation against felony-level convictions.
  • OUI: Whether you are accused of operating a motor vehicle or a vessel under the influence, our deep knowledge of local laws allows us to craft a comprehensive, strategic defense.

Frequently Asked Questions About DUI Defense In Rhode Island

Are you facing DUI/DWI allegations? If so, you are likely also dealing with questions about your case and concerns about your future. The following information addresses common concerns and reflects how Rhode Island courts evaluate impaired driving cases.

Can a DUI charge be reduced or dismissed in Rhode Island?

Yes, in certain situations. A DUI charge may be reduced or dismissed when the evidence does not support the allegation beyond a reasonable doubt. Courts review every detail of the stop, the investigation and the testing process to determine whether the state met its burden. Issues involving field sobriety tests, breath testing procedures, video recordings and officer observations can influence the strength of the case.

Evidence that was collected improperly or without legal justification may be challenged through motions or hearings. Each situation requires a fact‑specific analysis because outcomes typically depend on the unique circumstances surrounding the arrest.

Will a DUI conviction stay on my criminal record?

Yes. A drunk driving conviction in Rhode Island will remain on your criminal record and can appear during background checks performed by employers, landlords and licensing agencies. The long‑term impact varies based on the severity of the offense and whether additional charges were involved.

Rhode Island does not allow expungement of DUI convictions, but certain dismissals or amended charges may qualify for sealing under state rules. Individuals often explore post‑conviction options to understand what relief, if any, may apply to their situation. A careful legal review of the case history is often necessary to determine eligibility for any available remedies.

Can a DUI affect professional licenses or employment opportunities?

Yes, a DUI conviction can create challenges for those who hold professional licenses or work in fields that require background checks or security clearances. Here are some examples to consider:

  • Licensing boards often evaluate criminal convictions when assessing fitness, renewal or disciplinary actions.
  • Employers may consider DUI convictions when making hiring or promotion decisions, especially when driving is part of the job.
  • Some professions require mandatory disclosure of criminal convictions during credentialing or renewal processes.

The effect on employment varies because each profession and employer applies its own standards. Individuals facing these concerns benefit from understanding how a conviction may influence their specific career path.

Speak To Attorney Richard S. Humphrey

Building a strong defense against drunk driving charges requires a meticulous examination of the facts, but the state must ultimately prove your guilt beyond a reasonable doubt. As experienced trial lawyers based right here in Tiverton, Rhode Island, our legal team utilizes every available legal strategy — from scrutinizing police body camera footage to consulting with toxicologists — to aggressively challenge the prosecution’s case.

If you are facing charges in Rhode Island or anywhere in the northeastern U.S., call our Tiverton office at 401-624-6152 or use the online form to schedule your free consultation with The Law Offices of Richard S. Humphrey today.