January 2010

"Rhode Island DWI or DUI charge usually falls into one of two categories"

A Rhode Island DUI or DWI charge is defended against differently depending on whether a suspect agreed to take the chemical test or whether they refused.  Once a suspect has agreed to take the test, and performs above the requisite blood alcohol level for intoxication, a criminal defense attorney must focus on attacking the admissibility of the subject test.

One or more scientific tests presently are conducted in all jurisdictions on driving-while-intoxicated suspects for the purpose of (1) bolstering and corroborating police opinion testimony of intoxication and, (2) in those states that set presumptive blood-alcohol intoxication levels, to demonstrate that the defendant's blood-alcohol level exceeded the permissible.  Use of evidence of blood-alcohol concentration helps standardize the opinions of experts and minimizes reliance on the traditional evidence of intoxication on which opinions can vary so widely. Where a scientific test has been made on the defendant, it often is the main weapon of the prosecution, with all other evidence being used to corroborate the test results.

There are four basic scientific tests which may be conducted to determine the degree of intoxication: blood, urine, breath, and saliva tests. The results of urine, saliva, and breath tests for alcohol must be converted into a blood-alcohol reading in order to be useful in determining whether the subject was intoxicated. Read More...

"In Rhode Island, the prosecution can prove the elements of a DWI or DUI charge without the admissibility of a chemical test"

In Rhode Island, the prosecution can prove the elements of a DWI or DUI charge without the admissibility of a chemical test. These cases are referred to as “observation” cases. As one can imagine, it is more difficult for the prosecution to prove the elements of a DUI without an empirical analysis of the suspect’s blood alcohol content; however, it can be done in a variety of different factual scenarios. Objective signs of intoxication, those ordinarily testified to as having been observed by the arresting officer or other prosecution witness, include the odor of alcohol on the breath, slurring of speech, inflamed and watery eyes, a ruddy complexion, an unsteady gait, and poor coordination. Usually, one or more of these observed signs comprise the basis for the officer's probable cause in making the arrest. However, as is discussed in the section that follows, a variety of conditions affecting an individual's health can present the same or similar symptoms. Read More...

"A trial on a charge of driving while intoxicated may raise constitutional issues"

A trial on a charge of driving while intoxicated may raise constitutional issues, such as whether there was probable cause for the arrest, whether adequate warnings were given to the suspect as to his rights, whether there was an intelligent waiver of rights, whether there was duress sufficient to raise a defense of self-incrimination, and whether there might have been a violation of equal protection and due process guarantees. The various constitutional questions noted above are necessarily left largely unanswered, because few of such questions have been satisfactorily answered by the courts in the context of prosecutions for driving while intoxicated. Decisions of the United States Supreme Court on these constitutional issues have been rendered in cases involving felonies such as murder, burglary, theft, and possession of narcotics, but the application of such decisions to driving-while-intoxicated cases are not always clear in most instances. Read More...

"Not only are driving under the influence arrests more plentiful, they are becoming more difficult to effectively defend."

Not only are driving under the influence arrests more plentiful, they are becoming more difficult to effectively defend.  Within the last few years, many of the once famous "loopholes" have been tightened in an effort to successfully prosecute DUI suspects.  Rhode Island's Pimental case stands for the proposition that sobriety checkpoints are violative of the Rhode Island Constitution; however, even well established case law such as this will likely change in the years to come.  With a legislature that is more and more educated about drunk driving statistics and a Supreme Court that is generally more conservative in composition than those of the past, DUI laws will inevitably evolve to obviate legal arguments that once existed.  As this happens, Rhode Island Criminal Defense Lawyers will need to become more vigilant about analyzing current laws, regulations and cases that impact the legal and constitutional rights of their clients.
 
Check out this great article on
projo.com:
Drunken driving accidents, arrests plentiful in R.I.
http://www.projo.com/news/content/2009_drunken_driving_12-29-09_09GSOV7_v48.3cf7196.html