How Can We Help?

Get a Free Consultation (401) 324-2992

Newport DUI Lawyer

Newport RI Criminal Defense Lawyer S. Joshua Macktaz, Esq.

Schedule a Free Consultation

Practice Areas

Client Testimonials

Josh is extremely skilled at what he does, and is a very approachable guy to work with. He is very experience in his work, and has excellent communication, customer service, and eager to help you in any way possible. His team also has very high urgency and customer service skills. I couldn't have imagined a better experience. If I were to ever find myself in need of any legal assistance again, this is the first person I'd call. He was the third or fourth individual I contacted in my search for legal advice, and the urgency, professionalism, good attitude, and incredible customer service of Josh & his colleagues were my deciding factor to go with him. Because I had him him to guide me through these dealings, I had an ironically very nice experience.

Em Lewis

15:42 26 Oct 18

I would recommend Josh Macktaz to anyone that needs help with a dui case ! He put my mind at ease after our first meeting and went over everything he was going to do for me and he did not let me down !!! I can't thank him enough for the outcome of my case and god forbid i ever needed him again he will be my first call ! I highly recommend Mr. Macktaz.

Guy Clausen 3rd

10:24 12 Oct 18

Attorney Macktaz showed excellent communication with me during the entire process. He was very transparent with everything he was doing and needed to get done. I highly reccommend using his services, especially in newport county matters.

aaron amaral

20:03 12 Sep 18

Being from out of state, never getting into any trouble in my life, and being completely terrified, not knowing anything about the judicial system or what was going to happen to me. I was lucky enough to have Josh recommended to me from a friend and I will forever be in debt to the both of them. From day one Josh thoroughly explained everything, reassured me, answered every email with every little question I had so promptly. I knew I was in the best, most capable hands I could be in. He makes you feel like you are his only client when I know just how busy he truly is. He went above and beyond for me, even saving me a trip to court because I am from out of state when he could. He knows the system, and the people within the system like the back of his hand. He is so thorough if there is a mistake that was made he will find it. That’s what he did for me. When I was sure my life was about to be turned upside down, he made something so nerve wracking as painless as possible. I could not have made a better decision by choosing him as my lawyer. I could never write enough good things about him, and I could never thank him enough for being so incredibly good at his job.

Lindsey Spencer

20:34 17 Nov 17

I highly recommend Joshua. He is very professional and explained everything in detail and my options in our first meeting. He did not raise unrealistic expectations and the end result was the "best case scenario" that he laid out for me in the initial consultation. I will be calling him again if I ever need help.

Tim Dawson

15:30 19 Sep 17

‹

›

View Testimonials

Newport RI Criminal Defense Lawyer S. Joshua Macktaz, Esq.

Newport DUI Cases and Overview

Table of Contents

As a result of Rhode Island’s “crack down” on drunk driving, and the concentration of people that flock to Newport for summer fun, Newport RI DUI laws have become some of the strictest in the nation. Without proper representation such as an expert DUI lawyer, a first-time DWI offender is at risk for significant penalties including a loss of license, thousands of dollars in fines, a criminal conviction, higher insurance premiums and in some cases, risk of incarceration. Driving under the influence of alcohol, also called DUI or DWI and drunk driving, is one of the most common charges encountered in the Newport criminal justice system.

Refusing to take the chemical test or breathalyzer following an arrest for a DUI in Newport carries its own criminal penalty, which can include a minimum of a six to twelve-month loss of license, fines, community service, DUI educational classes, and other sanctions. Most Rhode Island DUI charges are misdemeanors; however, a third-offense DUI within 5 years is a felony. Additionally, Rhode Island DUI penalties are enhanced for DUI convictions where the blood or breath alcohol level (BAC) is .15% or higher.

DUI Penalties in Newport RI

Due to the serious and deadly results often resulting from alcohol related accidents, Newport RI takes a hard stance against drunk driving. The state’s stringent laws and penalties are based on age and blood alcohol content (BAC) levels. However, it’s important to remember the following points:

Any DUI resulting in a death of another person is considered a felony.
Any driver under 21 years old found with an open container in his or her vehicle may face a 30-day suspension.
“Implied Consent” means that any driver behind the wheel of a vehicle gives the state permission to administer a breathalyzer exam.

The state defines driving while intoxicated (DUI) as any driver 21 or older with a BAC of .08% or higher. The law is less tolerant for drivers under 21 who can be charged with DWI for a BAC of .02% or higher. You can find a full account of Rhode Island’s DWI policies in Title 31, Chapter 27 of the State of Rhode Island General Laws. Here is a summary of the State of Rhode Island’s DUI Penalties.
Penalties for Drivers 21 and Older

First Time Offender with a BAC between .08-.10%

Fined $100-$300
Suspended license for one to six months, up to one year in jail, and a $50 reinstatement fee
At the discretion of the court, serve 10-60 hours of community service
Face a Highway Safety Assessment ($500 fee) conducted by the Community College of Rhode Island (CCRI) and possible enrollment in a driving school and/or an alcohol treatment program

First Time Offender with a BAC between .10-.15%

Fined $100-$400
One year in jail or 10-60 hours of community service
Suspended license 3-12 months

Second Time Offender within Five Years with a BAC between .08-.15%

Fined $400
Suspended license for up to two years
Anywhere from 10 days to one year in jail
Alcohol or drug treatment
Possible installation of an ignition interlock system for up to two years

Third Time Offender within Five Years with a BAC between .08-.15%

Felony
Mandatory $400 fine
One to three years in jail
Two to three years license suspension
Alcohol or drug treatment
Ignition interlock device for up to two years after sentence is completed

First Time Offender with a BAC of .15% or Higher

Fined $500
One year in jail or 20-60 hours of community service
Suspended license 3-18 months
Mandatory participation in a special course on DWI and/or drug treatment

Second Time Offender with a BAC of .15% or Higher

Fined $1,000
Jail for 6-12 months
Suspended license for two years

Third Time Offender with a BAC of .15% or Higher

Fined $1,000-$5,000
Jail for 3-5 years
Suspended license for three years
At the discretion of the judge, the violator’s vehicle may be seized and sold by the state

First Offense Breathalyzer Test Refusal

Fined $200-$500
Community Service for 10-60 hours
Suspended license six months to one year
Face a Highway Safety Assessment ($500 fee) conducted by the Community College of Rhode Island (CCRI) and possible enrollment in a driving school and/or an alcohol treatment program
Pay a $200 fee to support the department of health’s chemical testing programs

Second Offense Breathalyzer Test Refusal within Five Years

Fined $600-$1000
Suspended license 1-2 years
60-100 hours of community service
Mandatory alcohol or drug treatment
Face a Highway Safety Assessment ($500 fee) conducted by the Community College of Rhode Island (CCRI)and possible enrollment in a driving school and/or an alcohol treatment program
Pay a $200 fee to support the department of health’s chemical testing programs

Third Offense Breathalyzer Test Refusal within Five Years

Fined $800-$1,000
Up to one year in jail
License suspended 2-5 years
Mandatory 100 hours of community service
Alcohol or drug treatment
Hearing to determine whether license may be reinstated
Face a Highway Safety Assessment ($500 fee) conducted by the Community College of Rhode Island (CCRI) and possible enrollment in a driving school and/or an alcohol treatment program
Pay a $200 fee to support the department of health’s chemical testing programs

DUI Resulting in Death

Jail sentence 5-15 years
Fined $5,000-$10,000
Revoked license for 5 years
At the judge’s discretion possible enrollment in an alcohol treatment program

Penalties for Drivers Under 21

First Time Offender 18 or Younger with a BAC of .02 or Higher

Community Service 10-60 hours
Suspended license 6-18 months
Must enroll in a DWI course and/or an alcohol treatment or education program
At the judge’s discretion a possible highway assessment fine of up to $500

Second Time Offender 18 or Younger with a BAC of .02 or Higher

Suspended license until 21
At the judge’s discretion, a fine of up to $500 and a one year sentence in the Rhode Island Training School (juvenile correctional facility)

First Time Offender 18-21 Years Old with a BAC of .02 or Higher

Up to 30 hours of community service
A fine of up to $250
Suspended license for three months, provided one attends a class on DWI and enrolls in an alcohol treatment education program

Second Time Offender 18 or Younger with a BAC of .02 or Higher

Fined $250 in addition to a $300 highway assessment fee
Up to 60 hours of community service
Suspended license 3-6 months
Must enroll in a course on DWI and in an alcohol treatment program

DUI Accusation Defenses in Newport RI

As a former Special Assistant Attorney General, Mr. Macktaz intimately understands the elements of a Rhode Island DUI. They are the following:

The State Must Prove Beyond a Reasonable Doubt

The Defendant operated a motor vehicle
The event happened in the State of Rhode Island
Under the influence of an intoxicating liquor

Understanding these provides the opportunity to defend this using one or many of these types of defenses.

Challenging the Constitutionality of the Stop in Newport RI

The Police cannot stop a driver unless he has reasonable suspicion to believe a crime has been or is about to be, committed. The police may stop an individual for any traffic violation. DUI Roadblocks have been held unconstitutional in Rhode Island. A car cannot be stopped based on an anonymous tip or 911 call.

Challenging the Field Sobriety Tests

The National Highway Traffic Safety Administration is the Government agency that regulates standardized field sobriety testing. According to NHTSA, when performed and tested healthy individuals the following results were found:

The one-leg stand test is only 65% accurate for BAC above .10%
The walk-and-turn test is only 68% accurate for BAC above .10%
Nystagmus test was only 77% accurate for BAC above .10%

According to the National Highway and Traffic Safety Administration’s own training manual, improperly administered field sobriety tests do not produce reliable evidence of intoxication. NHTSA does not endorse non-standardized field sobriety tests such as; reciting the alphabet, counting backward or picking up an object. This means there is no scientific foundation for the officer to justify giving you this test or that your performance can translate into intoxication.

Challenging the Admissibility of the Breath Test Results in Newport RI

The police must have probable cause to request you submit to a chemical test for purposes of a criminal charge.
The police must advise you of your right to have an independent chemical test performed by a physician or hospital of your choosing and afforded a reasonable chance to exercise this right.
The police must observe you for at least 15 minutes prior to you taking the breath test.
A true copy of the breath test results must be mailed to you within 72 hours of the test.
The breath test machine must be in full compliance with the regulations set out by the Department of Health.
The breath test operator must be certified within 365 days of the test.
Two complete samples must be given within a 30 minute period.
The two samples must be within a .05% agreement of each other.

Using Booking Room and/or Patrol Car Videos

Many police stations have video surveillance to record all suspects during processing. Additionally, more and more patrol cars are equipped with mounted video equipment which records everything from the stop of the car to the field sobriety testing at road side. Gaining access to these videos may provide exculpatory evidence showing the favorable performance and balance of the suspect. The video will also capture the officer’s administration of the test which, if given improperly, would provide a basis to challenge the officer’s credibility.

Independent Witnesses

It is not just the prosecution who is allowed to call witnesses at trial. If you were in direct contact with one or more people shortly prior to your arrest, you may call them to testify to your lack of intoxication. It may be your passenger, the waitress at the restraint you ate, the bartender where you just left or even the family who picked you up from jail. Any lay witness, meaning they do not have to be an expert, can testify to their opinion regarding your sobriety.

Miranda Warnings not Given

Any interrogation that takes place while in police custody must have been preceded by a Miranda warning. If not given, any statements made as a result of questioning would be excluded from the trial. This is particularly important when incriminating statements were made by you after your arrest.

Failure to Conduct Observational Period

Rhode Island law requires the police to observe a suspect for at least 15 minutes prior to administering a breath test. This is because any mouth alcohol, which could be the result of recent alcohol consumption, hiccuping, burping or vomiting, would cause a false elevated reading.

Expert Witnesses

The defendant has an absolute right to present expert witnesses in his own defense. DUI law is extremely complex and it may be necessary to call an expert to testify to such issues as; toxicology, chemistry, biology, breath testing instrumentation and/or functioning.

Medical and Health Problems

Pre-existing medical conditions related to your brain, legs, neck, back and vision can eliminate the validity of field sobriety testing results. Acid reflux, diabetes, certain prescription medicines can have a dramatic effect on your breath alcohol testing results.

Bad Weather

Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance.

Retrograde Extrapolation

When you consume alcohol, it takes time for it to absorb into your system. Essentially, you could have a number of beers or alcohol and not feel the effects to sometime later after you stop drinking. When a breath test is given you at the police station, it could very well be up to an hour after you were last driving. The breath test will give a result for what your BAC at the time of the test, but what about your BAC an hour prior, when you were actually driving? Retrograde extrapolation is the formula for determining BAC at a prior time. This may very well lead to your BAC being below the legal limit at the time you were actually driving, even though it was above the limit at the time of the test.

Interfering Substances

The breath testing machine works by measuring the amount of alcohol in your breath. If you have been exposed to certain fumes, substances and/or particles, a false reading could very well take place. A common example of this is a painter who is exposed to and has been inhaling, certain paint fumes throughout the day. Other substances such as cough drops, Listerine, or ethanol based products could have an impact as well.

Operating on Private Property

Operation is an essential element to Driving under the Influence. Where you actually operating the car or just sitting in or near it? Was your car on a public or private road? Was your car being operated on a Rhode Island road or a road that is owned by the Federal Government? A thorough investigation of where you were actually observed operating your car is required for a successful defense.