What is the process when you are charged with DUI in Rhode Island?  When you are charged with driving under the influence in Rhode Island, your first appearance in court on the DUI charge is called an arraignment and is held in district court. At the arraignment, you are formally advised of the charges against you, the judge decides whether to set a bail or to release you on your promise to reappear in court, called personal recognizance and the case is set down for a further pretrial date. Most DUI defendants are released on their promise to reappear in court and are not required to post any bail. If you have defaulted on prior court cases or have a bad record, bail could be an issue in your case.

At the next COURT date a pretrial conference is held. The purpose of the pretrial is to ensure that the prosecutor has provided the defendant with all discovery. Discovery in a RHODE ISLAND DUI case involves obtaining all police reports, obtaining any booking video and or video at the police station as well as obtaining the training materials of the arresting officers in conducting the field sobriety tests. Following the pretrial conference, the case is set down for trial if the defendant does not wish to resolve the case through a plea agreement.  

In Rhode Island, you have the right to appeal to the superior court for a trial de novo if you are found guilty in the district court. In the Rhode Island district court, you cannot receive a jury trial; accordingly, if you want to elect a jury trial, you can either transfer the case immediately to the superior court or receive a bench trial in district court and then appeal to the superior court to a trial de novo should you be convicted.

If you refuse the breathalyzer test, you are likely to have court dates in both the district COURT and RHODE ISLAND TRAFFIC COURT traffic regarding the civil infraction of REFUSAL TO SUBMIT TO A BREATHALYZER OR CHEMICAL TEST.  

Contact Rhode Island DUI/DWI Lawyer

If you have been arrested on DUI or DWI charges, please contact Rhode Island DUI/DWI  defense lawyer Michael DelSignore for a free initial consultation at (401) 465-1611. Attorney Michael DelSignore is 100% devoted to protecting your rights, preserving your freedom, and helping you avoid a DUI criminal conviction.