DUI Penalties in Rhode Island

The extent of your penalties for a DUI in Rhode Island depends on your BAC (Blood Alcohol Content) and is separated into 3 different categories:
(1)   BAC (0.08-0.099),
(2)   BAC (0.10-0,149), and
(3)   BAC (0.16 and Up).

DUI Penalties for BAC of 0.08-0.099:

1st Offense:

  • 10-60 hours of Community Service and/or Imprisonment for up to 1 Year,
  • $100-$300 Fine,
  • Required to Attend a DUI Education Course, and
  • 30-180 Day License Suspension.

2nd Offense within 5 years:

  • 10 Days to 1 Year in Jail,
  • Minimum $400 Fine,
  • 1-2 Year Driver’s License Suspension,
  • Required Alcohol/Drug Treatment, and
  • Possible Ignition Interlock Device installed in vehicle (1-2 Years)

3rd Offense within 5 years:

  • Guilty of a Felony
  • Required Alcohol/Drug Treatment,
  • 1-3 Years in Jail,
  • Minimum $400 Fine,
  • Mandatory Vehicle Seizure and Sale, and
  • 2-3 Year Driver’s License Suspension.

DUI Penalties for BAC 0.10-0,149:

1st Offense:

  • 10-60 hours of Community Service and/or Imprisonment for up to 1 Year,
  • $100-$400 Fine,
  • Required to Attend a DUI Education Course and/or Alcohol/Drug Treatment Program, and
  • 3-12 Month Driver’s License Suspension.

2nd Offense:

  • 10 Days to 1 Year in Jail,
  • Minimum $400 Fine,
  • 1-2 Year Driver’s License Suspension,
  • Required Alcohol/Drug Treatment, and
  • Possible Ignition Interlock Device installed in vehicle (1-2 Years)

3rd Offense:

  • Guilty of a Felony
  • Required Alcohol/Drug Treatment,
  • 1-3 Years in Jail,
  • Minimum $400 Fine,
  • Mandatory Vehicle Seizure and Sale, and
  • 2-3 Year Driver’s License Suspension.

DUI Penalties for BAC of 0.15 and Up:

1st Offense:

  • 20-60 hours of Community Service and/or Imprisonment for up to 1 Year,
  • $500 Fine,
  • Required to Attend a DUI Education Course and/or Alcohol/Drug Treatment Program, and
  • 3-18 Month Driver’s License Suspension.

2nd Offense:

  • Mandatory 6 Months in Prison,
  • Minimum $1,000 Fine, and
  • 2 Year Minimum Driver’s License Suspension.

3rd Offense:

  • Guilty of a felony offense
  • 3-5 Years in Jail,
  • $1,000-$5,000 Fine,
  • Mandatory Vehicle Seizure and Sale, and
  • 3 Year Minimum Driver’s License Suspension.

Additionally, if you are convicted of DUI, at any of the 3 BAC levels, you will be required to pay a $500 highway assessment fine and an additional $86 fee.

What about minors, are there different DUI penalties for them in Rhode Island?

1st Offense:

  • 10-60 hours of Community Service,
  • License Suspension: 6-18 Months,
  • DUI Class,
  • Alcohol/Drug Treatment Course, and
  • A $500 Assessment Fee.

2nd or Subsequent Offense:

  • Mandatory suspension of license until age 21,
  • In the discretion of the sentencing judge, also be sentenced to the Rhode Island training school for a period of not more than one year, and/or
  • A fine of not more than five hundred dollars ($500).

What do I say if asked whether I was drinking and driving in Rhode Island?

If you tell the officer that you have had anything at all to drink then you will probably be asked to take a breath test. Therefore the answer is NO! If you are asked to take a breath test and it proves that you had been drinking then your answer didn't matter. If the officer persists, you should ask if you're under arrest. If the officer says no then you should be free to leave. If you are arrested, you have forced the officer into a premature arrest and weakened the case. Immediately ask for a lawyer.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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