New State Law Allows R.I. officers to compel blood-alcohol sampling

Rhode Island DUI Attorney Macktaz found this article to be important information for the general public. If you have questions about this article or are interested in DUI or Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.

R.I. officers can now compel blood-alcohol sampling
01:00 AM EST on Wednesday, November 25, 2009
By W. Zachary Malinowski
Journal Staff Writer

PROVIDENCE — Drunken drivers beware. The state has a new law that allows the police to compel motorists who are suspected of drinking and are involved in crashes resulting in death or serious bodily injury to undergo blood-alcohol testing.

The law, based on recent General Assembly action, comes during the holiday season, when more people than usual get behind the wheel of a car after downing drinks at an office party or with friends at a local watering hole.

The new law is welcomed by the law-enforcement community. State police Col. Brendan P Doherty and Attorney General Patrick C. Lynch, among others, have endorsed the legislation as an effective weapon in prosecuting drunken drivers.

“I’m very pleased that we got the legislation passed,” Doherty said.

The law provides an alternative for the police when a suspected drunken driver involved in a serious crash refuses to submit to a breath test. The police can go to any state judge for a warrant for a hospital to take the blood sample for testing. Formerly, the driver could refuse to submit to a screening, even in the most serious cases. The police could seek a warrant to compel a blood-alcohol test only if the person had been hospitalized for injuries related to the crash.

Lynch, who has been pushing for the new law for the past seven years, said it also allows hospitals to draw blood from suspects before a warrant is obtained. For example, a suspect could have minor injuries and leave the hospital before a judge signs the warrant. The law deals with that type of scenario by allowing the hospital to take the blood sample and hold it, pending approval of the warrant. “It gives us the right tools when we walk into court,” Lynch said.

THE LEGISLATION, signed into law two weeks ago by Governor Carcieri, was sponsored by Rep. Douglas W. Gablinske, D-Bristol, and Rep. John Brien, D-Woonsocket. Gablinske lost his father, William, in August 1971, after a speeding motorcyclist hit him on Greylock Road in Bristol.

Back in those days, there were few impaired-driver prosecutions, but Gablinske said he believes that the motorcyclist was under the influence of alcohol or drugs. A few years later, he said, the man was convicted on drug charges and sent to the Adult Correctional Institutions. He has spent most of his adult life bouncing in and out of prison.

Gablinske said that Rhode Island is not breaking new ground with the law. He said that 44 states have similar laws and 26 of those do not require signed warrants. He said an important piece of the legislation requires the arresting law-enforcement agency to use audio and video equipment to record the drawing of the blood.

Gablinske said the recordings could help the prosecution if the suspect is “stumbling and bumbling” in the hospital. “It really adds to the arsenal for the police,” he said.

Not everyone supports the legislation. Michael A. DiLauro, president of the Rhode Island Association of Criminal Defense Lawyers, said he believes that the existing laws in Rhode Island are strong enough. He noted that drunken drivers involved in fatal or serious crashes involving injuries normally plead guilty to criminal charges and are sentenced to lengthy prison terms.

Carcieri will host a ceremonial signing of the new law Wednesday at 10 a.m. in the State House. Drunken driving in Rhode Island

NUMBERS: Assistant Attorney General Jay Sullivan said that over the past two years, about 2,000 motorists were convicted of drunken driving or failing to submit to a breath test. Earlier this decade, the annual number was about 2,500.

FATALITIES: The state averages 65 to 70 motor-vehicle fatalities annually, and about half of those involve drunken drivers.

PENALTIES: The penalty for a first offender driving while intoxicated is loss of license for three months. Refusal to submit to a breath test carries a six-month penalty.


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If you have questions about this article or are interested in DUI or Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.