A District Court judge has refused to dismiss a drunken-driving charge against former Rhode Island Democratic Sen. Stephen Alves.
Rhode Island state police charged Alves, an eight-term legislator from West Warwick, with driving under the influence and chemical test refusal after he rear-ended a tractor-trailer just before midnight on Jan. 15.
The Providence Journal reports Judge Elaine Bucci rejected the motion for dismissal by Alves' attorney, William Murphy, after the state rested its case. Murphy argues that there is no clear evidence that Alves' blood alcohol level measured .08 or higher.
Bucci says while she would never convict solely on field sobriety tests, testimony showed that Alves was unsteady and slurring just after running into the truck.
The trial is expected to resume Monday afternoon with the defense calling witnesses.