"Breathalyzer Elements for Admissibility"

A Rhode Island DUI Case will often times include evidence of breathalyzer or breath test results. Defense counsel should inform himself of the foundation that the prosecution must lay in order to qualify the particular intoxication test. In the absence of an adequate foundation, defense counsel should object to admission of results of the test. Although all states do not require proof of the same matters, items from the following list could reasonably be required by any court as a predicate, and defense counsel should be prepared to object to admission of the test results if any applicable items are not established by the prosecution:

1. That the subject was legally arrested for driving while intoxicated prior to the demand for the test;

2. That the operator of the device was properly trained and licensed;

3. That the operator and the device were under adequate supervision by an expert;

4. That the chemicals used were compounded properly;

5. That the test was administered in accordance with the test methods directed by the state agency that supervises intoxication test results.

6. That nothing alcoholic was in the subject's mouth for 15 to 30 minutes before the test;

7. That the person interpreting the results of the test was qualified to do so; and

8. That the reading of blood-alcohol content showed a violation of the state statute creating a presumption of intoxication.

Attorney Hagan honored in "Newport this Week"!

Check out the most recent issue of “Newport this Week” newspaper, where Attorney Kevin Hagan is honored in the “Men Who Make A Difference” section. See below for the full text accompanying this distinction:

“After a year as a Rhode Island Superior Court Law Clerk and six years as Special Assistant Attorney General in Rhode Island, Kevin Hagan joined the firm of Houlihan, Managhan & Kyle. From 2002-2008, Kevin worked as a prosecutor for the Attorney General’s Office where his work included litigating dozens of domestic violence felony cases and homicides. Kevin has also served as part of the Providence Prostitution Task Force. Attorney Hagan now practices a diverse slate of litigation: Family Court, Criminal Defense Law and Civil Litigation. Kevin is a former member of the Roger Williams University Alumni Board, and he serves as an adjunct faculty member at the Community College of Rhode Island. A native of Worcester, Massachusetts, his family placed a high priority on helping people - a tradition Kevin follows in his role as a lawyer, husband and new father. Kevin lives with his wife Domenica and his son, Thomas, in Newport. Attorney Hagan is a member of the RI and Massachusetts State Bar Associations and the Rhode Island Federal District. Because of his commitment to justice, Kevin Hagan is a Man Who Makes A Difference!”