Training to understand the law and safely operate a vehicle is mandatory to obtain a Rhode Island driver’s license. The standard curriculum for a driver’s education course includes information about impairment at the wheel. Drivers generally understand that if they have too much to drink, they may end up arrested after a traffic stop or a car crash.
Police officers who suspect that someone has had too much to drink can pull them over or request a chemical test when responding to the scene of a collision. If the officer reaches the conclusion that the driver has violated the driving under the influence (DUI) statute, they may arrest the motorist. The state may then pursue DUI charges against that driver.
What do prosecutors need to prove to secure a conviction?
The state need only establish that a technical violation occurred
Some people think they can fight DUI charges by establishing how good they are at driving or how high their alcohol tolerance is. Even though they may have failed a chemical test, their driving and performance on field sobriety tests may have been relatively normal.
Contrary to what some people expect, the state does not need to establish that a driver demonstrated an inability to control a vehicle or drive safely to justify DUI charges. Instead, prosecutors need only convince the courts that the driver was over the legal limit for their blood alcohol concentration (BAC).
For most adult motorists, the BAC limit that applies is 0.08%. Anyone with a BAC at or above that threshold is at risk of prosecution and possibly a conviction. The state does not need to establish that someone drove poorly or that alcohol in any way affected their ability at the wheel.
That being said, when all the state has to build its case is a failed chemical test, a driver may have more opportunities to fight their pending charges. It may be possible to set aside test results when a police officer did not have a legal justification for stopping a driver. Sometimes, defense strategies might involve providing a medical explanation for why a driver failed the chemical test. Other times, there may be questions about the accuracy of test results.
Discussing what led to DUI charges with a skilled legal team can help defendants focus on strategies that can help them avoid a conviction. A failed chemical test may be grounds for an arrest but does not guarantee a prosecutor’s success at trial.