As news breaks that at least 22 individuals have been arrested for DUI over the festive St. Patrick’s Day weekend, many individuals question the legality of DUI checkpoints to begin with.
Are These Valid?
According to the Governor’s Highway Safety Association, DUI checkpoints are illegal in the state of Rhode Island.
The Providence Journal has reported that State Police arrested 22 drivers, of which one had a two month old in the vehicle. Prosecutors can potentially charge this individual with child endangerment. He is however currently charged with DUI, and failure to take the chemical test.
More St. Patrick’s Day Arrests in Rhode Island
Another man reportedly had a blood alcohol count of four times the legal limit of 0.08%. Because Rhode Island Statute 31-27-2 outlines the penalties for DUI based on prior convictions and the blood alcohol count, this DUI offender could face a maximum of five hundred dollars in fines, up to sixty hours in community service, and/or up to one year in the county jail. In addition, first time offenders who exceed a 0.15% BAC level in RI will also be subject to a year and a half suspension of their driver’s license. The court also orders DUI offenders to participate in a DUI School.
* Refer to subdivision (b)(1) of the code for more details.
The report however did not disclose how the arrest were made, and whether this was the result of a roadblock or random arrests.
If these offenders were arrested at a DUI checkpoint without a probable cause, it’s essential that they individually speak with an attorney to know their rights. In addition, a Rhode Island DUI lawyer can additionally help to arrange plea bargains or aim to obtain lower sentencing.
If you’re facing criminal charges for these or other offenses, contact the law offices of John R. Grasso today. Contact the RI criminal defense attorneys at 401-272-4001.
Source: Providence Journal, GHSA
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