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How to Fight a DUI in Rhode Island

  • The RI DUI Guy Chad F Bank is in court every day fighting for his clients
  • Main office is conveniently located in Providence next to the courthouse
  • Warwick Office in West Warwick and second Providence Office in Smith Hill near the State House.
  • RI DUI Lawyer Chad F Bank will work with you to make retaining him affordable
  • Chad is the highest rated DUI Defense Attorney in Rhode Island in Google
  • Available 24/7

How to Fight a DUI in Rhode Island

From my years of experience in Rhode Island DUI Defense I would say the most common question people search online after being released from jail is How to fight a DUI in Rhode Island. I can't blame them as a DUI can have a negative effect on your future including many hardships such as:

  • fines
  • community service
  • special auto insurance requirements
  • job loss
  • loss of license
  • lack of basic transportation

I think the first step in How to fight a DUI in Rhode Island would be to call an experienced RI DUI Lawyer such as myself (if you searched for this info and landed here call me now at 401-573-2265 as I am well versed in how to fight a DUI).

How to Fight a DUI in Rhode Island - The DUI Process

Before I get into the process remember this: Never admit to drinking any amount of alcohol to the Police. Do not do anything to incriminate yourself. Use your right to remain silent and call me right away at 401-573-2265.

After being arrested for DUI, your case will move quickly, and legal expenses can begin to accumulate just as rapidly. Every DUI case is unique unto itself, and I need to know the specifics of your arrest as soon as possible so I can begin to formulate a defense strategy that is particular to your case. When you call me, I will get the details of your arrest from the arresting agency. I will then look at the entire arrest process to see how everything was handled. We will set up a meeting as soon as possible to discuss our plan and then enact it.

Questions about Your DUI Case

When we meet, we can discuss how we will work together to defeat your DUI. There are a lot of things we need to take into consideration including:

  • The Breathalyzer:
    The breathalyzer used by the police in Rhode Island is not always accurate. Since they are such delicate machines, they can frequently malfunction and are not always calibrated correctly. Also, things, like being on a low carbohydrate diet or having diabetes, can also contribute to a higher BAC. Another important factor to consider is that if you waited a long period after you were initially pulled over you may have absorbed more alcohol meaning that you may not have been as intoxicated at the time that you were pulled over.
  • Why were you pulled over?:
    The police cannot pull you over simply for a DUI. They must prove that they had probable cause to do so such as seeing you driving recklessly. If they simply pulled you over for a suspicion of a DUI
  • If the police made any mistakes (which they usually do) in the arrest process:
    There are over a dozen things the police must do during the time that you are breathalyzed. These details include the amount of time between the mandatory two reading they must obtain, as well as allowing you to make a private phone call before you take the test (which should be to me).

Experienced RI DUI Defense Attorney

Being arrested for a DUI is a scary time in anyone's life that can have terrible consequences if not handled correctly. But you should not have to live in fear of it ruining the rest of your life. Having an experienced Rhode Island DUI Lawyer on your side gives you your best chance to win your case. If you need to learn how to fight a DUI in Rhode Island, call "The RI DUI Guy: Rhode Island DUI Attorney Chad F. Bank right away at 401-573-2265. I know How to fight a DUI in Rhode Island.

Chad F Bank DUI Lawyer

The RI DUI Guy - Chad F Bank

970 Main St Suite 2
West Warwick , RI02893

Phone: 401-573-2265

Frequently Asked Questions

Can I beat a Rhode Island DUI without going to trial?

Yes. Most Rhode Island DUI cases that get defended successfully end through pretrial resolutions: dismissal after successful suppression motion, reduction to reckless driving, pretrial diversion, or favorable plea negotiation. Trial is the backstop. The defense strategy works backward from the strongest pretrial leverage.

Can I challenge the field sobriety tests in Rhode Island?

Yes. Field sobriety tests have specific protocols. Officers often shortcut them. Defenses focus on roadside conditions (uneven pavement, lighting, weather), medical conditions affecting performance, officer training records, and scoring rubric compliance. Dash cam and body cam footage shows what actually happened.

How do I fight a DUI in Rhode Island?

Fighting a Rhode Island DUI starts with a defense lawyer reviewing every aspect of the stop, arrest, breath test, field tests, and Miranda compliance. Common winning angles: bad stop without reasonable suspicion, breath test calibration issues, 20-minute observation period violations, field test scoring problems, and procedural defects in the refusal advisement.

How do I fight a Rhode Island breath test?

Pull the Intoxilyzer calibration logs, the operator certification records, the 20-minute observation period documentation, and the maintenance history through discovery. Any defect (lapsed calibration, uncertified operator, broken observation, machine error) can suppress the result. We file the discovery motion early.

How important is the breath test in my Rhode Island DUI case?

Very. The breath test is the per se evidence of impairment. Without it, the state has to prove impairment through officer observations and field tests alone, which is much harder. Suppressing the breath test through calibration or procedure challenges often breaks the case.

What evidence does my Rhode Island DUI lawyer pull?

Police report, dash cam, body cam, breath test logs, Intoxilyzer calibration and maintenance records, operator certification, 20-minute observation documentation, refusal advisement forms, booking video, and any 911 calls or witness statements. Discovery is filed early to lock down the evidence trail.

What if the cop did not have a good reason to stop me?

If the stop lacked reasonable suspicion (an articulable traffic violation), everything that flowed from the stop can be suppressed - including the field tests, the breath test, and any statements. A motion to suppress challenging the stop, if successful, typically dismisses the case entirely.

What is a motion to suppress in a Rhode Island DUI case?

A motion to suppress asks the court to exclude evidence obtained illegally. In DUI cases, common targets are breath test results (calibration, observation period defects), field sobriety tests (procedural errors), the stop itself (no reasonable suspicion), or statements (Miranda violations). A successful motion can dismiss the case.

What is the strongest defense in a Rhode Island DUI case?

The strongest defense varies by case. A motion to suppress the stop (no reasonable suspicion) ends the case if granted. A motion to suppress the breath test (calibration, observation period, operator certification) cripples the per se evidence. The strongest defense is whichever one the facts support best.