In Rhode Island, DUI Arrests Tied to Locations

According to a Providence Journal report in September, 2005, the location of a suspected drunk driver in Rhode Island was directly related to his or her likelihood of being pulled over. In 2004, Providence police arrested 24 people for driving under the influence (OUI / DUI), while the much smaller town of South Kingston arrested 120.

The police chief of Providence, Dean Esserman, defended his department’s apparent lax enforcement of OUI / DUI laws. “Everything we have done for the last two-and-a-half years has focused on violence, and I make no apology for it.” He added, though, that he plans on increasing traffic patrols.

State police, however, place OUI / DUI enforcement as a high priority. Rhode Island state troopers made 253 OUI / DUI arrests in the first half of 2005, a higher total than their 2004 figure covering the same period. “The high death rates from alcohol-related accidents needed attention,” said Major Steve O’Donnell, a spokesman for the Rhode Island State Police.

State law enforcement officers generally agree, however, that there is one law that makes OUI / DUI enforcement difficult. That law states that a suspected drunk driver can refuse a Breathalyzer test. Despite a driver’s refusal, police can still cite a suspect for drunk driving, but they don’t have the driver’s blood-alcohol content (BAC), which can be the difference between a conviction and an acquittal when the case goes to court.

Plenty of Rhode Island drivers know about this law, too. According to the state’s attorney general’s office, 1,527 drivers refused a breath test in 2004. The president of the Rhode Island Police Chiefs Association, Peter Brousseau, said that because the OUI / DUI arrest statistics do not include the arrests for refusing a Breathalyzer, the state’s enforcement efforts appear underrepresented. (Per Rhode Island law, suspects who refuse a Breathalyzer get their licenses suspended for three months, but dodge a criminal record.)

While some experts agree that a multi-pronged strategy of checkpoints, extra patrols, and anti-drunk-driving publicity is most effective, Rhode Island has a disadvantage in that approach. In 1989, the state supreme court ruled that use of OUI / DUI checkpoints is a violation of the state constitution, making Rhode Island one of 11 states where checkpoints are not an option.

If you or someone you know has been arrested for OUI / DUI, do not hesitate to contact a qualified OUI / DUI attorney at once.

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