Rhode Island DUI defense at it's best

Attorney Michael Zarrella has been winning DUI cases for over 20 years

Law Office of Michael J. Zarrella

Office Address:

127 Dorrancse Street

Providence Rhode island 02903

Cell: 401-523-5271

Office 401-490-6820

Fax: 401-490-3207

MJZarrella@gmail.com

DUI Defense Blog

Rhode Island's best DUI blog

Attoney Michael Zarrella blog is very informative on DUI law, criminal defense and many of the trends in the judical system. Lawyer often read attorney Zarrella's blog to undate them selves on the charges in the law


Attorney Zarrella's Blog <

Rhode Island Drunk Driving defense in the following communities

 

Bristol County:

 

Kent County:

 

Newport County:

  • Jamestown
  • Little Compton
  • Middletown
  • Newport
  • Portsmouth
  • Tiverton

 

Providence County:

  • Burriville
  • Central Falls
  • Cumberland
  • Cranston
  • East Providence
  • Foster
  • Glocester
  • Johnston
  • Lincoln
  • North Providence
  • North Scituate
  • North Smithfield
  • Pawtucket
  • Providence
  • Scituate
  • Smithfield
  • Woonsocket

Washington County:

Rhode Island DUI/Drunk Driving Lawyer

Top DUI Attorney Michael J. Zarrella

Attorney Michael J. Zarrella is among Rhode Island’s best drunk driving defense lawyers.  He obtained the reputation for being one of Rhode Island’s top DUI lawyers because he has a track record of success.  Attorney Zarrella has dedicated his time and effort to defending individuals charged with intoxication related offenses, including but not limited to driving under the influence (DUI), driving while impaired, (DWI) and breathalyzer refusals.  He knows that many people charged with DUI are facing a life altering event and many defendants can’t survive without their ability to drive. Attorney Zarrella works tirelessly to help people get their criminal drunk driving charges dismissed as well as making sure people are able to drive back and forth to work. Attorney Michael J. Zarrella knows all of the in’s and out’s of the DUI law and the defenses that can get the charges dismissed.

 

It is Possible to Defeat a DUI charge in Rhode Island

The right lawyer can mean everything in a Rhode Island DUI case.

A Rhode Island drunk driving arrest is both overwhelming and intimidating. More often than not, people charged with driving under influence (DUI) are experiencing their first encounter with the judicial system. If you are arrested for drunk driving, you need to hire a top DUI lawyer who has the experience and the means to get you through this trying time. Contrary to what people often believe, DUI cases frequently get dismissed, and many plead out to lesser or reduced charges. Additionally, a top DUI lawyer can prevent you from losing your license by getting you a hardship license in certain cases. A conditional hardship license will allow a motorist to drive for the purposes of work or school for a period of twelve (12) hours a day.  This is crucial for those individuals who have to drive themselves to work or school.  A top  DUI lawyer will often achieve results that will  allow their clients to be able to drive to work.  Whatever your charge, whether you have failed a breath test or refused one, a good DUI lawyer can help.   You need a DUI lawyer that can get these positive results for you.  

Remember, there are numerous ways that a defendant can win his or her DUI/drunk driving case. In order to prove a DUI, the prosecutor must successfully jump through many hoops. There are often pitfalls that the prosecutor's case can't overcome. This is where a top Rhode Island DUI lawyer can really make a difference. A good lawyer will take advantage of the weakness or pitfalls in the prosecutor's case and use that to obtain a positive disposition of the case including dismissal of the charges or a reduction of the charges.

 

Don't Lose Your License, Not Even For a Day

When a person refuses a breath test and is charged with a refusal to submit to a breathalyzer, the traffic court judge or magistrate will often suspend a motorist's license at his or her arraignment.  A top Rhode Island DUI defense lawyer will often fight and obtain a hardship license for their client so that they can still drive their automobile to work and school.


Rhode Island now has a law that allows a driver to secure a hardship license at arraignment in refusal cases.  A motorist can receive a conditional hardship license in certain cases.  The conditional hardship license will allow a motorist to drive for the purposes of work or school for a period of twelve (12) hours a day.

Under Rhode Island law, a hardship license can not be issued without the installation of the ignition interlock system.  The ignition interlock is a device which prevents an automobile from starting or from being operated, if the operator has been drinking. The interlock is very important in Rhode Island DUI and refusal cases, because it allows a motorist the ability to receive a hardship license. In addition, a person with an ignition interlock system can have their mandatory license suspension in DUI and refusal cases lowered. Remember, not all lawyers are up to date on the DUI and refusal law, for your best chance not to lose your ability to drive,  you need a top Rhode Island DUI lawyer. You need attorney Michael J. Zarrella.

 

Rhode Island DUI and drunk driving defenses.

There are many defenses in Rhode Island law that can win your DUI case.

The most common misconception in DUI cases is that if you fail the breath test you cannot win the case. There are numerous ways to win a DUI case even if you fail a breath test. For over 20 years, Attorney Michael Zarrella has been winning drunk driving cases in which people have failed the breath test. Often breath test results can be either suppressed or deemed unreliable based on the facts of the case.

As a top Rhode Island DUI defense lawyer, Attorney Zarrella has had a slew of Rhode Island DUI cases dismissed using various defenses. He knows that there are numerous ways to win a Rhode Island DUI charge. Some of the more common ways to win a Rhode Island DUI case are as follows:

  • The DUI stop by the police of the vehicle was illegal;
  • The police officer incorrectly administered standardized field sobriety tests(SFST);
  • The DUI breath test was not administered properly and as a result the readings are inadmissable as evidence;
  • The breathalizer machine has not been certified within the last 30 days by the Department of Health;
  • The police officer does not have the proper certification to give a DUI breath test (Under Rhode Island law all officers must be recertified yearly);
  • If your DUI breath results were not mailed to you within 72 hours, they may be suppressed;
  • If a police officer failed to adhere to proper procedures and protocol as taught in the Police Academy and written in the training manual as it applies to Drunk Driving Cases, the result may be suppressed;
  • If a police officer stopped the car based on an anonymous tip of a DUI and not based on his own observations, the stop can be deemed illegal;
  • If the police failed to give you a confidential phone call, DUI charges may be dismissed;
  • The prosecution failed to prove beyond a reasonable doubt who was actually driving the vehicle;
  • Show that the statements being made at trial by the arresting police officer are inconsistent and untrue;
  • Show that the defendant's DUI readings were within the margin of error of the breathalizer machine;
  • Show that your BAC at the time of the test is not what it was at the time of the stop;
  • Show that a medical condition affected performance on the standized field sobriety tests for a DUI and that the poor performance was not a result of alcohol;
  • Show the client was not read rights for use at the scene;
  • Show the client was not read rights for use at the station;
  • Show that the defendant never was given a chance to get his own medical expert for an evaluation; and
  • Show the standard DUI field sobriety tests were not administered on a flat surface, and away from traffic as required.

These are just some of the more common ways that a DUI case may be won. This list is just the tip of the iceburg when it comes to DUI defenses. Attorney Zarrella will analyze your case and craft successful defenses based upon the specific facts and circumstances of your DUI.

 

Always try to Avoid a DUI conviction.

Your Rhode Island DUI lawyer, Attorney Zarrella, has an extremely high success rate for those facing a Rhode Island DUI. That means that an enormous amount of clients have either had their cases dismissed, had a Not Guilty verdict, or had their DUI charge reduced to a lesser offense.

In many cases, when a DUI is reduced to a lesser offense it will save the client from many of the mandatory penalties that go along with a DUI conviction. A reduction in charges may prevent a client from suffering the following court imposed penalties:

  • Loss of License;
  • Fines;
  • DUI school/counseling;
  • Criminal Conviction;
  • Community Service;
  • Criminal Record;
  • SR-22 Insurance; and
  • Jail.

 

Rhode Island Drunk Driving Penalties for first time DUI offenses within 5 years

The penalties for a DUI in Rhode Island are severe even for a first time offender. Attorney Zarrella with his experience, aggressiveness and understanding will help you though this trying time and try to help you avoid the penalties and stigma that are associated with a driving under the influence conviction. These are the following penalties for DUI in Rhode Island:

First DUI offense within five years with a BAC between .08-.10%

  • Fine between $100 and $300
  • Suspension of license from one month to six months(see below interlock option)
  • 10 to 60 hours of community service at a non-profit organization
  • Highway Safety Assessment ($500 fee)
  • DUI school and/or drug treatment
  • Mandatory SR-22 Insurance for 3 Years
  • Up to one year in jail (No Mandatory Jail)
  •  

    Interlock option: If the court orders the installation of an ignition interlock device, the penalty for suspension of license can be reduced to as short as a 30 day period. In addition, the defendant may be able to receive a hardship license during his suspension to allow him to drive for work purposes.

    Length of interlock: 3 months to 1 year

First DUI offense within five years with either no Breath Test or BAC between .10-.15%

  • Fine between $100-$400
  • Suspended license for 3 Months to 1 year(see below interlock option)
  • 10 to 60 hours of community service at a non-profit organization
  • Highway Safety Assessment ($500 fee)
  • DUI school and/or drug treatment
  • Mandatory SR-22 Insurance for 3 Years
  • Up to one year in jail (No Mandatory Jail)
  •  

    Interlock option: If the court orders the installation of an ignition interlock device, the penalty for suspension of license can be reduced to as short as a 30 day period. In addition, the defendant may be able to receive a hardship license during his suspension to allow him to drive for work purposes.

    Length of interlock: 3 months to 1 year

First DUI offense within five years with a BAC of over .15%

  • Fine of $500
  • Suspended license for 3 Months to 18 Months
  • 20 to 60 hours of community service
  • Highway Safety Assessment ($500 fee)
  • DUI school and/or drug treatment
  • Mandatory SR-22 Insurance 3 Years
  • Up to one year in jail (No Mandatory Jail)
  • Manditory interlock if over BAC is over .15

     

  • Interlock option: If the court orders the installation of an ignition interlock device, the penalty for suspension of license can be reduced to as short as a 30 day period. In addition, the defendant may be able to receive a hardship license during his suspension to allow him to drive for work purposes.

    Length of interlock: 3 months to 1 year

Jury Trial vs. Bench Trial in Rhode Island DUI cases

Under Rhode Island law, a person charged with a misdemeanor can have two bites at the apple. They can have their DUI case heard in District Count and if they lose they can have a Jury trial in Superior court. In a DUI case there are advantage to both a jury trial as well as a bench trial. Click here, for a better understanding of a jury trial v. bench trial. A skilled DUI lawyer will know went a bench trial or a jury trial is needed.

Don't Hire any Lawyer! Hire a great Lawyer!

A great DUI lawyer can make all the difference in your case.

The difference between an experienced criminal DUI lawyer and any other lawyer, is often the same as the difference beteewn a Major League baseball player and Minor league player. Both can play baseball but the results can be dramatically different. Not every DUI case can be won but many can. If you have the right lawyer your odds of winnning your DUI charge or getting optimal results go up dramatically. Attorney Michael Zarrella has a long track record of obtaining successful outcomes for his clients. Attorney Zarrella is the lawyer that other lawyers go to for answers when they have a DUI question.

Call Rhode Island's Premier Drunk Driving Attorney Now!

Call Attorney Zarrella now at 401-523-5271 or 401-490-6820 or email him at Mjzarrella@gmail.com

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