DUI Laws & Penalties in Rhode Island: What to Know
Drinking and driving never mix. If you’re facing a first offense DUI in Rhode Island and wondering what comes next, this post breaks it down for you. We’ll go over Rhode Island’s DUI laws, Rhode Island breathalyzer refusal law, penalties, and whether or not you qualify for a hardship license in RI or record expungement.
Read on to get the facts, courtesy of a Rhode Island personal injury lawyer.
Rhode Island DUI vs DWI: What do the terms mean?
The terms Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) both refer to operating a vehicle while impaired by alcohol or drugs.
Rhode Island general laws typically use the term “DWI,” although you may also see “DUI” used interchangeably.
Rhode Island general laws for DUIs
In Rhode Island, driving under the influence of alcohol, drugs, or other controlled substances can result in either a misdemeanor or felony charge, depending on a person’s blood alcohol level (BAC) and whether or not it was a repeat offense.
For example, a Rhode Island DUI first offense qualifies as a misdemeanor while a third offense counts as a felony. However, even first offense DUIs that cause injuries or deaths can result in felonies.
What Qualifies as a DUI in Rhode Island?
To be charged with a DUI, police can generally use any of the following evidence in a report.
- Failed drug test. A person is over the legal limit for alcohol if they have a BAC of .08% or more. Rhode Island has a zero-tolerance policy for cannabis, although medical patients aren’t automatically considered “under the influence” for testing positive.
- Failed sobriety test. Police can ask you to pass a sobriety check, like walking a straight line or balancing. Failing the test can indicate intoxication.
- Physical signs. Dilated pupils, slurred speech, or erratic behavior can all find their way into a police report.
- Driver statements. Admitting to drinking or using drugs can count as a confession and be used against you.
Rhode Island DUI classes and penalties
The severity of Rhode Island DUI penalties can differ, based on a person’s BAC and whether or not the person was a repeat offender. The following penalties only apply to “nonviolent” DUIs, which don’t result in injuries or deaths.
What are the penalties for a Rhode Island DUI first offense?
First offenses for a Rhode Island DUI differ based on a person’s BAC.
Penalties for a person with a BAC of at least .08% but less than .1% are as follows:
- Fines between $100-$300
- 10-60 hours of community service and/or up to one year in jail
- License suspension of 30-180 days.
The penalties for a first offense with a BAC of .1% and less than .15% can include the following:
- Fines between $100-$400
- 10-60 hours of community service and/or up to one year in jail
- License suspension of 3-12 months.
Lastly, for a person with a BAC of .15% or more, penalties are:
- $500 fine
- 20-60 hours of community service and/or up to one year in jail
- License suspension between 3-18 months.
What are the penalties for a second DUI in Rhode Island?
For a second offense within 5 years, the penalties for a person with a BAC between .08 and .15% include the following.
- $400 fine.
- 10 days to 1 year in jail.
- License suspension of 1-2 years.
The penalties are listed below for a second offender within 5 years who has a BAC of .15% or more:
- $1,000 fine
- License suspension of 2 years.
- 6 months to one year in jail.
What are the penalties for a third DUI in Rhode Island?
For a third subsequent DUI within five years, penalties include the following for a person with a BAC between .08 and .15%.
- $400 fine.
- 2-3 year license suspension
- 1-3 years in jail.
For a third offender within 10 years who has a BAC of .15%. Or more, the following penalties apply:
- $1,000-$5,000 fine.
- 3-year license suspension
- 3-5 years in jail.
Additionally, anyone with a third or subsequent violation within 5 years could also have their vehicle seized by the state and sold, at the judge’s discretion.
What are Rhode Island’s breathalyzer refusal laws?
If a police officer suspects a driver of intoxication, they can order the driver to submit to a breathalyzer test.
Rhode Island has breathalyzer refusal laws that operate under a principle called “implied consent.” It means that anyone who operates a motor vehicle in Rhode Island has already consented to chemical testing for alcohol or drugs, such as a breathalyzer.
What if someone is injured or dies from a DUI?
If a driver under the influence injures or kills another person while behind the wheel, the penalties become much more severe. These types of DUIs are always felonies and can result in up to 15 years prison time.
If you stand accused of a felony DUI, contact a lawyer immediately for an aggressive defense.
What are Rhode Island’s ignition interlock laws?
Ignition interlock devices are a type of in-car breathalyzer, which requires you to pass the breathalyzer test every time you get behind the wheel. Passing the test starts the engine. Failing it will prevent the car from starting or result in a violation.
The amount of time the ignition interlock must stay in your car can vary, depending on the DUI class.
- First offense: Between 6 months to 1 year.
- Second offense: 6 months to 2 years.
- Third offence: 1 to 4 years.
Rhode Island general laws also state that you can be subject to an ignition interlock device for refusal to submit to testing. Ignition interlock times for refusals include:
- First refusal: 6 months to 2 years.
- Second refusal: 1 to. Years.
- Third or subsequent refusal: 2 to 10 years.
What happens if you refuse a chemical test in RI?
In Rhode Island, refusal to submit to a chemical test is considered a civil offense, not a criminal one. But while you won’t necessarily be charged with a crime for refusing a breathalyzer, you will automatically receive civil penalties. These include:
- Minimum of 6 months license suspension
- Fine between
- Highway discretion assessment
- Mandated community service
- Attendance to a course on driving while intoxicated and/or referral to an alcohol treatment program.
How long does a DUI stay on your record in Rhode Island?
This depends on whether or not a DUI was a misdemeanor or a felony.
Misdemeanors are available for expungement 5 years after the completion of a person’s sentence, provided that there are no repeat offenses and their record remains clear of violent offenses.
Non-violent felonies are expunged if:
- At least 10 years have passed since completing the sentence or probation
- The person remains arrest-free and has no other felony convictions on their record.
If you’re curious to learn if you might be eligible for an expungement, it’s best to contact a Rhode Island expungement lawyer for advice on your case.
Can you still drive to work if your license is suspended in RI?
Yes, under limited circumstances. Rhode Island offers a conditional hardship license for people who have a breathalyzer refusal or have a DWI conviction, which can allow them to commute to work or school.
To qualify, you’ll first need to serve a certain amount of time in your license suspension.
| DUI Offense | License suspension time needed |
| First offense | 30 days |
| Second offence | 45-60 days |
| Third or subsequent offence | 60-90 days |
You might also need to agree to regular alcohol or drug testing to ensure you’re maintaining sobriety. Plus, you’ll need to consent to an ignition interlock in your vehicle.
How can you tell if your license is suspended?
You can check for RI license suspensions on the state DMV’s website. You’ll need to input the driver’s last name and current license number to see the status.
A Providence DUI lawyer you can trust
If you stand accused of a DUI or refusal or want information about expungement in Rhode Island, contact Petrarca Law for guidance.
As experienced Providence DUI Lawyers, we fight aggressively for our client’s rights both inside and outside the courtroom. With a combined 40 years of experience, we’ve defended against a variety of charges, such as DUIs, refusals, and more. Before you admit to an offense, contact an attorney who knows Rhode Island DUI laws inside and out.
Call our office today for a free consultation.