An RI DUI traffic stop can be extremely stressful and have serious consequences. You may be tired, and not in the right state of mind- combined with being intimidated by the stern personality of the officer. This is a crucial time where you have to start building your defense, assuming you will be arrested for RI DUI. How do you fight an RI DUI charge? You start off by reading my ultimate guide for fighting an RI DUI and you MUST remember the following:

How long after drinking were you stopped.

You may have had your last drink just before you drove, or a half hour- it does not matter. Your BAC fluctuates up and down based on how long it has been since your last drink. If you are breathalyzed, your BAC may read higher than it was when you were actually behind the wheel. Remember when your last drink was. This will help greatly when your RI DUI lawyer represents you.

How the officer responded when you said you do not answer questions.

Was the officer respectful that you were exercising your rights? Or did they appear to be agitated by it, and start to threaten you and escalate the situation? Your RI DUI lawyer will want to know this when they give you counsel.

How the officer responded when you said you do not consent to searches.

The same principles apply as the last- was the officer respectful or agitated that you were exercising your rights? Make sure you record your RI DUI stop.

If you were read your Miranda Rights.

This is a major mistake by the officer if they do not read you your rights. It is a serious hole in the state’s case against you.

If you were notified of “implied consent”.

In Rhode Island, when you register at the DMV, you adhere to “implied consent” which means if you are arrested for a RI DUI, you agree to submit to a chemical test. Even though this is the case, you must be notified of implied consent. Failure to do so is a major error on the officer and could be a great defense used by your RI DUI lawyer.