Rhode Island DUI Laws in Conflict

State Supreme Court to hear case of conflicting Rhode Island drunk driving laws.

Two years ago the Rhode Island legislature passed a bill that extended the length of time a driver’s license could be suspended if a motorist suspected of drunk driving refused to submit to a breath from 3-6 months to 6-12 months. The bill was signed into law by the governor.

Then two days later a budget bill was passed that included an amendment calling for a $200 assessment for each driving under the influence offense. The second bill however included language referring to the old, shorter driver’s license suspension.

The ensuing conflict has brought into question the admissibility of dozens of drunk driving cases where the motorist refused to take a breath test. The Rhode Island Supreme Court has agreed to hear the case and its ruling could affect drinking and driving cases dating back to 2006 when the laws were enacted.

The state Attorney General’s Office has said that the second bill only references the old penalties for context and has instructed law enforcement agencies to enforce both laws. Rhode Island DUI defense attorneys argue that DUI suspects are being given incorrect and misleading information before they decide whether or not to submit to a breath test.

At first many judges agreed to the defense position, though a three-judge appeal panel of tribunal judges ruled that the DUI cases should not be dismissed. When one case was appealed to Rhode Island Superior Court the judge ruled that the second law effectively repealed the first signed just two days earlier. This set up the case to be presented to the Supreme Court in the next few months.

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