What DUI Restrictions Do You Face in Rhode Island?

In Rhode Island, Driving Under the Influence (DUI) can have serious consequences. Not only are you risking potential jail time, the suspension of your license and having to do DUI classes and community service but you could seriously hurt yourself or hurt someone else.

At Ellison Law LLC, we believe that knowledge is power. It is important that you understand what a DUI is and what the consequences are for a DUI. You need to understand that different factors like your current Blood Alcohol Content (BAC) or a previous criminal record can affect the outcome of a DUI.

What is a DUI in Rhode Island?

In Rhode Island a police officer can charge you with a DUI if you’re 21 years or older and your BAC is 0.08% or higher. Alcohol isn’t the only substance taken into consideration but others, like drugs, will also yield the same or heavier legal consequences. The officers will determine your impairment by performing various potential tests like a breathalyzer test, a blood test, a Preliminary Breathalyzer Test (PBT) and an array of other on-site physical tests like the Horizontal Gaze Nystagmus Test or the Nine-Step Walk-and-Turn Test.

It is important to clarify that in Rhode Island the law has implied consent built in. This means it is implied that you will consent to a chemical test when an officer suspects that you’re under the influence of alcohol and/or drugs. Refusing to do a chemical test can result in sanctions like a loss of your driver’s license. You can read more here about implied consent in Rhode Island.

Let’s explore the legal consequences of being charged with a DUI.

What happens to a First Time DUI Offender in Rhode Island?

Rhode Island General Laws § 31-27-2 (d)(1)(i) explains the legal consequences for a first time offender with a BAC concentration between .08% and .10%: “ for a first violation whose blood alcohol concentration is eight one-hundredths of one percent (.08%), but less than one-tenth of one percent (.1%)… shall be subject to a fine of not less than one hundred dollars ($100), nor more than three hundred dollars ($300); shall be required to perform ten (10) to sixty (60) hours of public community restitution, and/or shall be imprisoned for up to one year…The person’s driving license shall be suspended for a period of three (3) months to twelve (12) months…”

If you’re a first time offender but with a BAC between .1% and .15% the penalties are different. Rhode Island General Laws § 31-27-2 (d)(1)(ii) states: “Every person convicted of a first violation whose blood alcohol concentration is one-tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less than one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year…The person’s driving license shall be suspended for a period of three (3) months to twelve (12) months…”

Additionally, if your BAC is .15% or greater and you’re a first time offender, Rhode Island General Laws § 31-27-2 (d)(1)(iii) states: “Every person convicted of a first offense whose blood alcohol concentration is fifteen hundredths of one percent (.15%) or above, or who is under the influence of a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to a fine of five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year… The person’s driving license shall be suspended for a period of three (3) months to eighteen (18) months…”

What happens to Second Time DUI Offenders in Rhode Island?

In Rhode Island if you get similar charges in the span of 5 years and your BAC is .15% or lower, the consequences are very serious. As Rhode Island General Laws § 31-27-2 (d)(2)(i) explains: “Every person convicted of a second violation within a five-year (5) period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown… and every person convicted of a second violation within a five-year (5) period, regardless of whether the prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state, shall be subject to a mandatory fine of four hundred dollars ($400). The person’s driving license shall be suspended for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten (10) days, nor more than one year, in jail…”

Additionally, if your BAC is .15% or higher, Rhode Island General Laws § 31-27-2 (d)(2)(ii) explains: “Every person convicted of a second violation within a five-year (5) period whose blood alcohol concentration is fifteen hundredths of one percent (.15%) or above… shall be subject to mandatory imprisonment of not less than six (6) months, nor more than one year; a mandatory fine of not less than one thousand dollars ($1,000); and a mandatory license suspension for a period of two (2) years from the date of completion of the sentence imposed under this subsection…”

What happens to Third Time DUI Offenders in Rhode Island?

If you are convicted for a third time or more within 5 years, you will receive severe consequences. For those whose BAC is less than .15%, Rhode Island General Laws § 31-27-2 (d)(3)(i) says: “Every person convicted of a third or subsequent violation within a five-year (5) period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than fifteen hundredths of one percent (.15%)… shall be guilty of a felony and be subject to a mandatory fine of four hundred ($400) dollars. The person’s driving license shall be suspended for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less than one year and not more than three (3) years in jail…”

For those who have a BAC .15% or higher, Rhode Island General Laws § 31-27-2 (d)(3)(ii) explains: “Every person convicted of a third or subsequent violation within a ten-year (10) period whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above… shall be subject to mandatory imprisonment of not less than three (3) years, nor more than five (5) years; a mandatory fine of not less than one thousand dollars ($1,000), nor more than five thousand dollars ($5,000); and a mandatory license suspension for a period of three (3) years from the date of completion of the sentence imposed under this subsection….”

Additionally for those who are reoffending for a 3rd time (or higher), Rhode Island General Laws § 31-27-2 (d)(3)(iii): In addition to the foregoing penalties, every person convicted of a third or subsequent violation within a five-year (5) period, regardless of whether any prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state, shall be subject, in the discretion of the sentencing judge, to having the vehicle owned and operated by the violator seized and sold by the state of Rhode Island, with all funds obtained by the sale to be transferred to the general fund.

Let’s answer some common DUI questions that you may have:

Will I get a Misdemeanor Conviction for my first DUI in Rhode Island?

Yes, if you are convicted of Driving Under the Influence in Rhode Island, even for your first offense, it is a misdemeanor offense and can result in a misdemeanor criminal conviction. If you seriously injure other people or anyone dies as a result of the DUI then you will be charged with a felony, which is even more severe and the legal consequences are much harsher.

Will I get jail time for my first DUI in Rhode Island?

In Rhode Island, the law says, for your first DUI that you may serve up to 1 year in jail. However, if you don’t have a previous record, there wasn’t an accident and no one was injured, most people in that scenario don’t go to jail. Although jail is always a possibility, people in this scenario tend to focus on getting the least amount of penalties possible and are worried about what will happen to their license, what classes will they have to take, if they have to do community service, whether or not they have to have an ignition interlock and how much money they will owe.

What are the most common penalties for a DUI in Rhode Island?

Rhode Island General Laws § 31-27-2 explains all of the penalties that you will face if you’re convicted of a DUI. The most common types of penalties are:

• License suspension/revoked
• Fines and fees
• Possible jail time
• Potential criminal conviction
• Community service
• Attendance of a DUI course or substance abuse counseling
• Having an Ignition Interlock System wired to your car

Will my license be immediately suspended for a DUI in Rhode Island?

In Rhode Island, your license won’t be immediately suspended or revoked when you are charged with Driving Under the Influence. There are certain types of DUI’s, usually that are more serious, that can result in you losing your license at your first court appearance. Generally speaking, you lose your license upon conviction of a DUI. However, if you are charged with a Refusal to Submit to a Chemical Test, in addition to the DUI, your license could be suspended at your first court date at the Rhode Island Traffic Tribunal.

What should I do if I get a DUI in Rhode Island?

We recommend you to talk with a lawyer who will help you through this difficult experience. The attorneys at Ellison Law LLC have vast knowledge and they are highly experienced in DUI cases. If you need legal representation for your DUI and you need someone to represent you at court, contact us at 401-230-5520.