Law Offices of Richard S. Humphrey

A Personalized And Nonjudgmental Approach To Every Complex Challenge

Are You Facing A DUI Charge In Rhode Island?

An experienced drunk driving defense attorney in Tiverton, Rhode Island can often challenge the stop and subsequent arrest in a DUI case. At the The Law Offices of Richard S. Humphrey, our team has over 40 years of combined experience handling highly complicated cases that involve DUI/DWI arrests.

Was There Probable Cause For The Stop?

Sobriety checkpoints consisting of roadblocks where officers stop motorists to check for intoxicated drivers have been deemed unconstitutional and illegal in Tiverton, Rhode Island.

The prosecution must show that the police officer had probable cause to stop you. Reasons such as you were out driving late at night, the officer observed your car pulling away from a bar, an anonymous tip, or the officer wanted to check your driver’s license and insurance coverage do not constitute probable cause. We can easily defend against reasons such as these.

Probable cause must show suspicion that you committed a crime. A lawful basis for stopping a car under suspicion of DUI or for other violations would involve reasons, such as:

  • Traffic violations
  • Weaving
  • Straddling the center line
  • Drifting into other lanes
  • Night driving without headlights on
  • Tailgating
  • Abrupt turns

Suppression Motions Used By Drunk Driving Attorneys

We can challenge an illegal stop by entering a motion to suppress evidence based on the illegal measures used by authorities. When the court grants a motion to suppress, subsequent actions are inadmissible. In a DUI case, chemical tests, recorded statements, and other evidence gathered after the illegal stop become inadmissible, often resulting in case dismissal.

Other illegal actions that may give rise to a motion to suppress include:

  • Failure to advise the defendant of his or her rights in a DUI arrest
  • Failure to follow proper procedures in administering a chemical test
  • Failure to advise the defendant of rights in chemical test refusal charges
  • Failure to inform the defendant about the penalties for refusing a chemical test
  • Failure to inform the defendant of the right to be immediately examined by a physician of the defendant’s choice

How We Can Help With Your Specific Charges

From our Tiverton office, we offer nonjudgmental, solutions-oriented representation for a wide array of drunk driving and related charges throughout Rhode Island. We take the time to understand your unique situation and can help you navigate the complexities of:

  • Chemical test refusal: While the state enforces strict penalties for refusing a chemical test, we can protect your rights if authorities failed to properly advise you of the consequences of a refusal.
  • Chemical test litigation: We heavily scrutinize the procedures used during your arrest. If officers failed to follow the proper protocols for administering a breathalyzer or blood test, we will fight to have that evidence suppressed.
  • DUI involving death and injury: Accidents involving injuries or fatalities carry severe consequences and incredibly high stakes. We leverage our extensive trial experience to handle these highly complicated cases efficiently and discreetly.
  • Felony DUI: For repeat offenses or cases involving aggravating factors, we aggressively protect your personal freedom and professional reputation against felony-level convictions.
  • OUI: Whether you are accused of operating a motor vehicle or a vessel under the influence, our deep knowledge of local laws allows us to craft a comprehensive, strategic defense.

Speak To Attorney Richard S. Humphrey

Building a strong defense against drunk driving charges requires a meticulous examination of the facts, but the state must ultimately prove your guilt beyond a reasonable doubt. As experienced trial lawyers based right here in Tiverton, Rhode Island, our legal team utilizes every available legal strategy — from scrutinizing police body camera footage to consulting with toxicologists — to aggressively challenge the prosecution’s case.

If you are facing charges in Rhode Island or anywhere in the northeastern U.S., call our Tiverton office at 401-624-6152 or use the online form to schedule your free consultation with The Law Offices of Richard S. Humphrey today.