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DUI/DWI
News
AG Lynch Leads Effort To Strengthen RI's Drunk Driving Laws
Rhode Island Governor Donald L. Carcieri signed legislation on Wednesday, July 5, 2006 eliminating a major loophole in the state's drunk driving laws. The new law increases the penalties for those who refuse to submit to a Breathalyzer test when they are pulled over for drunk driving. Before the new law took effect, the penalties for refusing a Breathalyzer test were significantly less than the penalties for DUI.
Governor Carcieri and Attorney General Patrick C. Lynch announced in November that they would be submitting this legislation to close that loophole in state law and end Rhode Island's shameful distinction of leading the nation in two categories - percentage of DUI-refusal cases and percentage of total highway deaths caused by drunken drivers.
"Cutting down on the numbers of deaths and injuries caused by drunk drivers on Rhode Island's roadways is, without a doubt, a mission that transcends party lines." Lynch said at the ceremony.
Governor Carcieri and Attorney General Lynch were joined at the bill signing ceremony by Sen. Joseph Polisena of Johnston, who sponsored the Carcieri/Lynch bill in the Senate (S 2072), and Rep. J. Patrick O'Neill of Pawtucket, who sponsored a separate version of the bill in the House (H 6700).
In a DUI arrest, depending on the state, the officer will order you to take either a breath or blood test
If you fail (or refuse to take) a breath test, the arresting officer will take your license, and give you a yellow temporary license (Notice/Sworn Report/Temporary License). If your license was valid, the temporary license will be valid for 30 days from the date of arrest. In a blood test, the officer will send the Notice/Sworn Report / Temporary License to the DMV to issue a temporary license by mail.
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News about DUI & Drunk Driving cases in Idaho and nationwide:
Definition:
The officer must have what is legally termed a "reasonable suspicion," based on something unusual that is actually observed about the way a person is driving. This is a very low standard and it can be satisfied by virtually anything which appears out of the ordinary and that might be a sign of a driver being under the influence. In addition, during holiday seasons, police officers typically set up field sobriety checkpoints where they routinely stop every driver who passes through the checkpoint.
Child endangerment
Definition:
Most states now have some kind of child endangerment statute. Currently, 27 states have statutes that create special sanctions for cases of driving under the influence while the offender is transporting a child at the time of the offense.
OUI
Definition:
OUI is operating or attempting to operate a motor vehicle while under the influence of intoxicants. "Intoxicants" are any substance, including alcohol and both illegal and prescription drugs. A person is "under the influence" if their mental or physical faculties are impaired to the slightest degree, regardless of whether it affects the a actual operation of the vehicle.
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