Navigating Rhode Island DUI Laws and Penalties: What You Need to Know

Driving under the influence (DUI) in Rhode Island carries severe consequences, reflecting the state’s commitment to public safety. Rhode Island’s DUI laws, outlined in Rhode Island General Laws § 31-27-2, prohibit operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for adults, 0.04% for commercial drivers, and 0.02% for those under 21. Additionally, impairment by drugs or controlled substances can lead to a DUI charge. Penalties escalate based on BAC levels, prior offenses within a ten-year lookback period, and whether the driver refuses a chemical test. Understanding these laws is crucial for anyone facing DUI charges in Rhode Island.

DUI Penalties for First, Second, and Third Offenses

First Offense (Misdemeanor): A first-time DUI conviction with a BAC of 0.08% to 0.10% may result in fines of $100–$400, 10–60 hours of community service, and a license suspension of 30–180 days. For a BAC of 0.15% or higher, penalties increase, potentially including up to one year in jail and a suspension of up to 18 months. Offenders may also face a $500 highway safety assessment fee and mandatory DUI school or alcohol treatment. Eligible drivers can request a conditional hardship license, requiring an ignition interlock device (IID) for 3–12 months, allowing limited driving for work or school.

Second Offense (Misdemeanor): A second DUI within ten years escalates penalties: 10 days to one year in jail, fines of $400–$1,000, 60–100 hours of community service, and a license suspension of 1–2 years. An IID is mandatory for 1–2 years, and alcohol treatment is required. The increased lookback period, extended from five to ten years in 2024, means prior convictions within a decade can lead to harsher penalties.

Third Offense (Felony): A third DUI is a felony, with 3–5 years in jail for high BAC cases, fines of $1,000–$5,000, and a 3-year license suspension. An IID is required for 1–4 years, and reinstatement requires a hearing. These penalties reflect Rhode Island’s focus on deterring repeat offenders.

Chemical Test Refusals: Implied Consent Laws

Rhode Island’s implied consent law (R.I.G.L. § 31-27-2.1) deems that drivers consent to chemical tests (breath, blood, or urine) if suspected of DUI. Refusing a test triggers civil penalties, separate from DUI charges, adjudicated at the Rhode Island Traffic Tribunal for first offenses. Penalties include:

• First Offense Refusal: 6–12 months license suspension, $200–$1,000 fines, $500 highway assessment, 10–60 hours of community service, and mandatory DUI school. An IID may be required for 6 months to 2 years.

• Second Offense Refusal: 1–2 years license suspension, $600–$1,000 fines, and 1–4 years IID.

• Third Offense Refusal: Up to 3 years suspension and 2–10 years IID.

Refusing a preliminary breath test (PBT) incurs a fine of up to $85 but is not admissible in court beyond establishing probable cause. However, refusing a post-arrest chemical test can be used as evidence of guilt in a DUI case, complicating defense strategies.

Why Legal Representation Matters

Facing DUI or chemical test refusal charges can disrupt your life, from license suspensions to potential jail time. An experienced Rhode Island DUI attorney can challenge the legality of stops, arrests, or test procedures, potentially reducing charges or penalties. At GB&V, our team consists of current and former municipal prosecutors who are dedicated to protecting your rights and navigating the complexities of Rhode Island’s DUI laws. Contact us today for a free consultation to discuss your case and explore your defense options.

Sources: Rhode Island General Laws § 31-27-2, § 31-27-2.1