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Underage DUI in Rhode Island

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Getting arrested for a DUI when you are underage is a serious offense in Rhode Island. Certain factors, like your current Blood Alcohol Content (BAC) and your age can get you different penalties. When you’re underage, there are a whole subset of laws that can punish you for being involved with alcohol, including a different BAC limit when you’re driving.

Our attorneys at Ellison Law LLC are highly experienced with DUI related charges, including DUI charges to underage people. This post is intended to help give information related to getting a DUI charge while under the age of 21.

What are the DUI penalties when you’re under 21 in Rhode Island?

In Rhode Island, having a BAC of 0.08% will get you in trouble since you’re considered legally impaired and you’re unable to drive. With underage people this is different: a BAC of 0.02% is enough to consider you legally drunk and you will likely get charged with Driving While Impaired.

Underage DUI in Rhode Island

According to Rhode Island General Laws § 31-27-2.7, when you’re 18 years of age but not more than 21 years of age and your BAC is 0.02% but not more than 0.08%, for your first violation you will get:

  • A $250 fine
  • 30 hours of community service
  • Your license will be suspended between a month and three months
  • Attend a special course in driving while intoxicated
  • Attend an alcohol or drug treatment program if it’s ordered by the district court judge

For a second (or any subsequent) violation, the person between the ages of 18 and 21 will get:

  • A $250 fine with a highway safety assessment of $300
  • 60 hours of community service
  • Your license will be suspended between a three months and six months
  • Attend a special course in driving while intoxicated
  • Attend and alcohol or drug treatment program

Another important thing to know is that the Rhode Island General Laws § 31-27-2.7 clarifies that a minor getting charged with these circumstances under this law of Driving While Impaired won’t be considered a criminal offense but it will be considered a civil offense. This can be important for your criminal record.

In addition if it is believed that you are impaired from alcohol, you could still get charged with a regular DUI under Rhode Island law.

Can a minor possess alcoholic beverages in Rhode Island?

No. Rhode Island General Laws § 3-8-10 explains: “Any person who has not reached his or her twenty-first (21st) birthday and has in his or her possession any beverage as defined in this title shall be fined:

For the first offense:

  • A fine between $150 – $750
  • 30 hours of community service
  • 60 days of suspensions of his or her driver’s license

For the second offense:

  • A fine between $300 – $750
  • 30 hours of community service
  • 60 days of suspensions of his or her driver’s license
  • a substance abuse assessment by a licensed substance abuse professional.

For the third or any subsequent offense:

  • A fine between $450 – $950
  • 30 hours of community service
  • 60 days of suspensions of his or her driver’s license
  • a substance abuse assessment by a licensed substance abuse professional.

Can a minor transport alcoholic beverages in Rhode Island?

No. Rhode Island General Laws § 3-8-9 states that “Any person who has not reached his or her twenty-first (21st) birthday and who operates a motor vehicle upon the public highways, except when accompanied by a parent, legal guardian, or another adult who is over the age of twenty-one (21) years and related, whether by blood, adoption or marriage, to the operator… knowingly having liquor or intoxicating beverages in any form in containers, opened or unopened, in any part of the vehicle shall be guilty of a criminal violation.”

This section does not apply to persons between the ages of sixteen (16) and twenty-one (21) who are transporting unopened alcoholic beverages in the course of their employment.

The penalties for a first offense are:

  • A fine no more than $250
  • License suspension for not more than 30 days

The penalties for a second offense are:

  • A fine not more than $500
  • License suspension for not more than 90 days

The penalties for a third or subsequent offense are:

  • A fine not less than $500 nor more than $950
  • License suspension for one year

Can you give or purchase alcoholic beverages to an underage person in Rhode Island?

No. Rhode Island General Laws § 3-8-11.1(b) explains that it is unlawful for any person twenty-one (21) years of age or older:

  • to purchase from any licensee or any employee of a licensee any alcoholic beverage for the sale, delivery, service of or giving away to, any person who has not reached his or her twenty-first (21st) birthday;
  • to purchase from any licensee or any employee of any licensee any alcoholic beverage with the intent to cause or permit said alcoholic beverage to be sold, or given to any person who has not reached his or her twenty-first (21st) birthday;
  • to knowingly furnish any alcoholic beverage for the sale, delivery, service of or giving to any person who has not reached his or her twenty-first (21st) birthday;
  • to procure alcoholic beverages for the sale, delivery, service of or giving to any person who has not reached his or her twenty-first (21st) birthday; or
  • to otherwise permit the consumption of alcohol by underaged persons in his or her residence or on his or her real property.

It clearly states that there’s only one exception in Rhode Island General Laws § 3-8-11.1(d): “This section does not apply to use, consumption or possession of alcoholic beverages by a minor for religious purposes; or to a parent or legal guardian procuring or furnishing alcohol to, or permitting the consumption of alcohol by, his or her minor child or ward.”

The law also clarifies that this is considered a misdemeanor. For a first offense the charges will be:

  • A fine not less than $350 nor more than $1000
  • Potential probation
  • Potential criminal conviction
  • Up to 6 months of jail

For a second violation it will be:

  • A fine not less than $750 nor more than $1000
  • Potential probation
  • Potential criminal conviction
  • Up to 1 year of jail

For a third or subsequent violation it will be:

  • A fine not less than $1000 nor more than $2500
  • Potential felony conviction
  • Potential probation
  • Up to 3 years in jail

What should I do if I’m underage and I was charged with a DUI in Rhode Island?

If you or a loved one are charged with an underage DUI in Rhode Island, you should contact an experienced and knowledgeable lawyer that specializes in DUI cases like the attorneys at Ellison Law LLC, who have worked with many DUI related cases that have ended with positive outcomes. If you’re in Rhode Island and you ever find yourself in need of a professional and dedicated DUI attorney, please contact us today at 401-230-5520.

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We had a great experience working with David Ellison. He was personable, flexible, easy to work with, competent, knowledgeable, responsive and trustworthy. We contacted him on a Friday about a traffic tribunal trial on Monday…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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Dave spent almost a year working with me to help resolve my case in my favor. From the start the outlook was rather grim, however Dave assured me that we had options, and we would…

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I cannot express my utmost gratitude and overall Appreciation to Allyson Quay of David Ellison law. I contacted a family lawyer who referred me to a former law school colleague. Unsure of whether or not…

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"I am compelled to express my profound gratitude to attorneys Allyson Quay and David for their exceptional legal representation that resulted in the successful dismissal of my recent traffic court ticket. Their expertise, dedication, and…

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Takes his job and his role in society very seriously and actually puts the work in for his clients and does not settle for less. He told me what he was going to do for…

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"Allyson Quay at this firm was amazing. She took care of a traffic summons for us and it was painless. We live far from where the summons was given. She was speedy and efficient and…

- Efficient and Kind Legal Assistance

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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