Rhode Island DUI Laws & Penalties

Rhode Island Drunk Driving Laws Explained in Easy to Understand Simple Terms

Rhode Island enforces strict DUI (Driving Under the Influence) laws, categorizing offenses based on the driver’s blood alcohol content (BAC), the presence of controlled substances, and prior convictions.

Facing a DUI charge in Rhode Island carries significant legal consequences. It’s crucial for those charged to seek legal advice to navigate the complexities of the law and potentially mitigate the penalties​ (dui.drivinglaws.org)​​ (Findlaw)​.

Key Points of Rhode Island DUI Laws:

  • BAC Limits: Driving with a BAC of .08% or higher constitutes a DUI. For commercial drivers, the limit is .04%, and for drivers under 21, it’s .02%. Being under the influence of any controlled substance also qualifies as a DUI.
  • Penalties: Penalties escalate with subsequent offenses within five years, including jail time, fines, license suspension, and mandatory education or treatment programs. An ignition interlock device (IID) installation may be ordered, potentially reducing suspension periods.
  • Education and Treatment Requirements: All convicted individuals must participate in a DWI class or treatment program and pay a $500 highway safety assessment fee.
  • Ignition Interlock Device (IID) Requirements: Judges may order IIDs for varying periods, depending on the offense number, which can significantly reduce license suspension times.
  • Underage DUI Rules: Drivers under 21 face specific penalties for driving with a BAC of .02% to .08%, including fines, community service, license suspension, and mandatory education or treatment.

Table of Contents

There is a lot of information to cover when it comes to a DUI offense in Rhode Island, so we have provided you with a quick reference table of contents so you can jump to the section you need more information on or you can read through the entire page.

Penalties for a First Offense DUI in Rhode Island


For a first-offense DUI in Rhode Island, the penalties are structured based on the severity of the offense, particularly the blood alcohol content (BAC) of the driver at the time of arrest or the presence of controlled substances without proof of actual impairment. Here are the detailed penalties:

  • BAC of .08% but less than .15% or Presence of Controlled Substances Without Proof of Actual Impairment:
    • Jail Time: Up to a year in jail, though jail time for a first offense is not always mandatory and often depends on the case’s specific circumstances.
    • Fines: The fines range from $100 to $400.
    • License Suspension: The driver’s license can be suspended for 30 days to 12 months. The exact duration of the suspension may depend on various factors, including the driver’s BAC level and whether controlled substances were involved.
    • Other Penalties: Convicted individuals must attend a court-approved DWI class and/or treatment program and pay a $500 highway safety assessment fee. The judge may order the installation of an ignition interlock device (IID) for a period ranging from three months to one year, which can greatly reduce the suspension period. For first offenses, the judge is also permitted to issue a hardship license, allowing the driver to operate a vehicle for specific purposes like work, school, or treatment during the suspension period, with the condition of using an IID.
  • BAC of .15% or Higher or Proof of Drug Impairment:
    • Jail Time: Remains up to a year, similar to lower BAC offenses.
    • Fines: The fine is increased to $500 for those with a higher BAC or proof of drug impairment.
    • License Suspension: The suspension period for a license ranges from three to 18 months.
    • Other Penalties: As with lower BAC levels, offenders must attend a DWI class or treatment and pay a highway safety assessment fee. The requirements for an IID and the possibility of a hardship license apply, with adjustments made to reflect the increased seriousness of the offense.

These penalties reflect Rhode Island’s strict stance on DUI offenses, emphasizing punishment for the offense and measures to prevent future incidents, such as mandatory education and treatment and using ignition interlock devices to monitor sobriety​ (dui.drivinglaws.org)​. Anyone charged with a DUI in Rhode Island should understand these potential consequences and seek legal advice to navigate the legal system and potentially mitigate these penalties.

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Penalties for a Second Offense DUI in Rhode Island

For a second DUI offense in Rhode Island, the penalties are more severe than those for a first offense, reflecting the state’s effort to deter repeat DUI incidents. Here’s a detailed breakdown:

  • BAC of .08% but less than .15% or Presence of Controlled Substances Without Proof of Actual Impairment:
    • Jail Time: The penalties include a mandatory jail time ranging from 10 days to a year. The exact duration within this range often depends on the case’s specific circumstances.
    • Fines: A standard fine of $400 is imposed for a second offense within this BAC range or for driving under the influence of controlled substances without proof of impairment.
    • License Suspension: The driver’s license suspension period for a second offense is significantly longer, ranging from one to two years.
    • Other Requirements: Convicted individuals must attend a DUI class or treatment program and are subject to a highway safety assessment fee. Additionally, an ignition interlock device (IID) is typically required for a period ranging from six months to two years, with a minimum suspension period before eligibility for a hardship license increases to 45 days.
  • BAC of .15% or Higher or Proof of Drug Impairment:
    • Jail Time: For higher BAC levels or proof of drug impairment, the jail time increases to a mandatory six to 12 months.
    • Fines: Fines significantly increase for these more severe offenses, with penalties starting at $1,000.
    • License Suspension: The license suspension period also increases to two years for a second DUI offense involving a higher BAC or proof of drug impairment.
    • Other Requirements: The requirements for attending a DUI class or treatment program and paying a highway safety assessment fee remain in place. A longer duration of an IID installation is also likely a consequence, with the specific period determined by the court based on the severity of the offense.

These penalties aim to balance punitive measures and rehabilitative support to prevent future DUI incidents. They underscore Rhode Island’s serious approach to combatting repeat DUI offenses and highlight the increased consequences for those who re-offend​ (dui.drivinglaws.org)​. Given the complexity and severity of the penalties, individuals facing a second DUI charge in Rhode Island should seek legal representation to navigate the legal process and explore potential defenses or mitigating factors that might apply to their case.

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Penalties for a Third Offense DUI in Rhode Island

The penalties for a third DUI offense in Rhode Island become substantially more severe, marking the transition from misdemeanor to felony charges. This reflects the state’s stringent measures to deter recurrent DUI behavior. Here’s a detailed look at the penalties for a third DUI offense:

  • Jail Time: The law mandates a jail sentence ranging from one to three years for a third DUI conviction. This jail time can increase to three to five years if the offense involves a BAC of .15% or higher or proof of drug impairment.
  • Fines: Fines for a third offense start at $400. However, for those with a BAC of .15% or higher or with proof of drug impairment, fines increase significantly, ranging from $1,000 to $5,000.
  • License Suspension: The driver’s license suspension period extends to two to three years for a standard third offense. This period increases to three years for cases involving higher BAC levels or drug impairment.
  • Other Requirements: As with first and second offenses, individuals convicted of a third DUI must attend a court-approved DWI class or treatment program and pay a $500 highway safety assessment fee. An ignition interlock device (IID) is also required, and the installation period ranges from one to four years. The minimum suspension period before eligibility for any form of conditional license increases to 60 days.

These penalties are designed to significantly deter recurrent DUI offenses and ensure that repeat offenders face substantial consequences. They underscore the importance Rhode Island places on road safety and the measures the state is willing to take to prevent DUI incidents​ (dui.drivinglaws.org)​.

Given the serious nature of these penalties and their impact on one’s life, it’s crucial for anyone facing a third DUI charge in Rhode Island to seek competent legal advice. A skilled attorney can guide the legal process, help navigate the law’s complexities, and work towards achieving the best possible outcome.

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Penalties for an Underage DUI in Rhode Island


In Rhode Island, underage DUI laws are strictly enforced to deter and penalize intoxicated driving among young individuals. Here are the key points regarding underage DUI penalties:

  • Underage DUI Limit: Rhode Island enforces a zero-tolerance law for underage driving under the influence. Drivers under the age of 21 are prohibited from operating a vehicle with a Blood Alcohol Concentration (BAC) of .02% or more​ (Findlaw)​.
  • First Offense Penalties: For a first underage DUI offense, the penalties include fines up to $250, a license suspension period ranging from 1 to 3 months, 30 hours of community service, and a requirement to participate in a DWI treatment/education program​ (RI Criminal Defense Lawyer)​.
  • Second Offense Penalties: The penalties for a second underage DUI offense include fines up to $250 and an additional $300 highway assessment fee. The license suspension period is 1 to 3 months, and 60 hours of community service are also required. Offenders must again participate in a DWI treatment/education program​ (RI Criminal Defense Lawyer)​.

Rhode Island’s approach to underage DUI emphasizes punitive measures and rehabilitative support to prevent future offenses. Mandatory education and treatment programs, fines, community service, and license suspensions underscore the state’s commitment to addressing the root causes of underage DUI and promoting safer driving habits among young drivers.

For those facing underage DUI charges in Rhode Island, it’s essential to understand the potential consequences and to seek legal advice to navigate the legal process effectively.

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Rhode Island CDL DUI Penalties

In Rhode Island, commercial DUI penalties are strict. For a first offense, penalties include up to 1 year in jail, fines between $100 to $500, and a license suspension of 2 to 18 months. A second offense can result in 10 days to 1 year in jail, fines from $400 to $1,000, and a 1 to 2-year license suspension. A third offense may lead to 1 to 5 years in jail, fines of $400 to $5,000, and a minimum 2-year license suspension. Additionally, refusing a chemical test can result in a 6-month license suspension and fines for a first offense, escalating with subsequent offenses​ (Thomas Law)​.

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Aggravated DUI Circumstances


In Rhode Island, aggravated DUI, characterized by a BAC of .15% or higher or impairment due to controlled substances, involves stricter penalties than standard DUI charges. Penalties for a first aggravated DUI can include up to a year in jail, fines, and an extended license suspension period. Repeat offenses or those involving injury can lead to even harsher consequences, including longer jail terms, higher fines, and longer license suspensions, emphasizing the state’s severe stance on high-risk DUI behavior.

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Additional Consequences


In Rhode Island, additional DUI penalties beyond the standard fines, jail time, and license suspensions can include mandatory alcohol education or treatment programs, installation of an ignition interlock device, and community service. For certain offenses, penalties may also involve a highway safety assessment fee and increased scrutiny for commercial drivers or those with aggravated DUI charges due to high BAC levels or causing injury. These measures aim to address the root causes of DUI behavior and enhance road safety.

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DUI Education Classes

In Rhode Island, individuals ordered to complete an Alcohol Education Program for DUI offenses must register at the Driver Retraining Office within the Rhode Island Division of Motor Vehicles. The $350 program is conducted at the Community College of Rhode Island (CCRI), with various campus locations available. Classes are offered on Monday, Wednesday, Tuesday, and Thursday evenings and Saturday mornings. An alcohol assessment is required during the first class, and treatment from approved providers may be mandated based on assessment results. For more details, visit the Rhode Island DMV’s official page on Alcohol Education​ (RI DMV)​.

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Ignition Interlock Requirements


In Rhode Island, drivers may be required to install an ignition interlock system (IIS) following DUI violations. This measure is part of the state’s efforts to prevent repeat offenses. The IIS prevents a vehicle from starting if it detects alcohol on the driver’s breath. Rhode Island adheres to specific guidelines for installing and using these devices to ensure compliance and enhance road safety. For detailed information on ignition interlock requirements, including the process for obtaining the system, you should refer to the Rhode Island Division of Motor Vehicles’ official guidelines​ (RI DMV)​.

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Implied Consent Law

Rhode Island’s implied consent law means that by driving in the state, you automatically agree to submit to chemical testing (like breath, blood, or urine tests) if suspected of DUI. Refusing these tests can lead to penalties, including license suspension, even if you aren’t found guilty of DUI. This law is designed to facilitate the enforcement of DUI laws by ensuring that evidence of intoxication can be promptly and effectively gathered.

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Driver License Hearings


Following a DUI in Rhode Island, you may request a hearing to challenge the suspension of your driver’s license. This administrative hearing is separate from the criminal DUI charges and specifically addresses the license suspension. You can present evidence during the hearing and argue why your driving privileges should not be suspended. It’s an opportunity to retain your license or seek a lesser penalty possibly, but it’s important to note that the standards and procedures can be complex, often necessitating legal assistance.

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DUI Lawyers

Finding a competent DUI lawyer in Rhode Island is crucial for navigating the legal complexities and defending against DUI charges effectively. Platforms like Justia, Avvo, and law firm websites provide directories and profiles of DUI attorneys in Rhode Island, offering services from challenging DUI evidence, such as breathalyzer and field sobriety test results, to common defenses against DUI charges. For example, The Law Office of Thomas C. Thomasian, Esq., is noted for challenging the validity of field sobriety tests and police testimonies, highlighting that even seemingly strong evidence can be questioned​ (Thomas Law)​.

Attorneys like Stefanie Murphy, Kensley Barrett, and David Slepkow offer vast experience in DUI defense, personal injury, and traffic tickets and provide free consultations to discuss your case​ (Justia)​. Their profiles on Justia detail their practice areas, experience, and approach to handling DUI cases, including offering video conferencing options and extensive legal services to combat DUI charges effectively.

When choosing a DUI lawyer, consider their experience, scope of practice, client reviews, and approach to defending against DUI charges. It’s advisable to contact several lawyers to discuss your case and determine the best fit for your legal needs.

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Additional Rhode Island DUI Resources