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Rhode Island DUI/OUI Laws

Laws and Penalties for Drunk Driving in RI

Rhode Island has very strict laws on drunk driving/DUI, and the penalties seem to increase in severity year after year.

RI DUI Penalties are further enhanced and increased,  blow over a .15 BAC, or are under the legal drinking age of 21 years old. And there is a separate penalty and civil charge if you refuse to take a breath test (breathalyzer or chemical BAC test).

The penalties listed below are legal guidelines and the range of maximum punishments. Most of the time, people are not sentenced to the maximum penalty, but it is possible. The judge typically issues a sentence based on the facts your case, the perceived risk and danger to society, the evidence against you, and many other factors.

So it makes sense to get a consultation from an experienced RI DUI lawyer who can tell you the most likely scenario for how the case would play out for you, and what penalties you are likely to face if you are found guilty. Call me now for a free case assessment at (401) 709-8987.

FIRST OFFENSE RI DUI Penalties

If you refuse to take the breath test, your license is immediately suspended for 6 months, and you face other refusal penalties.

RI DUI/OUI Penalties - First Offense Rhode Island Drunk Driving/DUI/OUI Penalties - BAC .08-.10 (over 21)

  • Fine $100-$300
  • Suspended license for one to six months, up to one year in jail, and a $50 reinstatement fee
  • At the discretion of the court, serve 10-60 hours of community service
  • Face a Highway Safety Assessment ($500 fee) conducted by the Community College of Rhode Island (CCRI) and possible enrollment in a driving school and/or an alcohol treatment program

RI DUI/OUI Penalties - First Offense with a BAC between .10-.15

  • Fine $100-$400
  • One year in jail or 10-60 hours of community service
  • Suspended license 3-12 months

RI DUI/OUI Penalties - First Offense with a BAC of .15 or Higher

  • Fine $500
  • One year in jail or 20-60 hours of community service
  • Suspended license 3-18 months
  • Mandatory participation in a drunk driving course and/or alcohol/drug treatment program.

First Offense Civil Charge of Refusing to take a Breathalyzer/BAC Test - (Relating to a RI DUI/OUI/Drunk Driving Charge)

  • Suspended license six months (Mandatory Minimum) to one year
  • Fine $200-$500
  • Community Service for 10-60 hours
  • Highway Safety Assessment Fee ($500)
  • Possible enrollment in a driving school and/or an alcohol treatment program
  • Pay a $200 fee to support the Rhode Island Department of Health chemical testing program

RI DUI/OUI Penalties - First Offense - 18-21 Years Old with a BAC of .02 or Higher

  • Up to 30 hours of community service
  • $250 Fine
  • License suspended for 3 months, after attending a drunk driving/DWI class and enrollment in an alcohol treatment education program

RI DUI/OUI Penalties - First Offense - 18 or Younger with a BAC of .02 or Higher

  • 10-60 hours of Community Service
  • License suspended for 6-18 months
  • Must enroll in a DWI course and/or an alcohol treatment or education program
  • At the judge's discretion a possible highway assessment fine of up to $500

If you are facing a Second Offense, please refer to my second offense page for more info.

SECOND (2ND) OFFENSE Rhode Island Drunk Driving/DUI/OUI Penalties (over 21)

RI DUI/OUI Penalties - Second Offense (within Five Years) - BAC between .08-.15%

  • Fine $400
  • Suspended license for up to two years
  • Minimum 10 days to one year in jail
  • Alcohol or drug treatment
  • Possible installation of an ignition interlock system for up to two years

RI DUI/OUI Penalties - Second Offense (within Five Years) - BAC of .15% or Higher

  • $1,000 Fine
  • Jail for 6-12 months
  • Suspended license for two years

Second Offense Civil Charge of Breathalyzer Test Refusal (within 5 years) on a DUI/OUI Arrest

  • $600-$1000 Fine
  • Suspended license 1-2 years
  • 60-100 hours of community service
  • Mandatory alcohol or drug treatment
  • Face a Highway Safety Assessment ($500 fee) conducted by the Community College of Rhode Island (CCRI) and possible enrollment in a driving school and/or an alcohol treatment program
  • Pay a $200 fee to support the department of health's chemical testing programs

RI DUI/OUI Penalties - Second Offense (18 or Younger) with a BAC of .02 or Higher

  • $250 Fine in addition to a $300 highway assessment fee
  • Up to 60 hours of community service
  • Suspended license 3-6 months
  • Must enroll in a course on DWI and in an alcohol treatment program

RI DUI/OUI Penalties - Second Offense (18 or Younger) with a BAC of .02 or Higher

  • Suspended license until age 21
  • At the judge's discretion, a fine of up to $500 and a one year sentence in the Rhode Island Training School (juvenile correctional facility)

If you are facing a Third Offense, please refer to my third offense page for more info.

Third (3rd) Offense Rhode Island Drunk Driving/DUI/OUI Penalties (over 21)

RI Penalties - Third (3rd) Offense DUI/OUI, w/BAC between .08-.15%

  • Felony
  • Mandatory $400 fine
  • One to three years in jail
  • Two to three years license suspension
  • Alcohol or drug treatment
  • Ignition interlock device for up to two years after sentence is completed

RI Penalties - Third (3rd) Offense DUI/OUI, w/BAC between .15% or Higher

  • Fines $1,000-$5,000
  • Jail for 3-5 years
  • Suspended license for three years
  • At the discretion of the judge the violator's vehicle may be seized and sold by the state

Third (3rd) Offense Civil Charge of Breathalyzer Test Refusal (within 5 years) on a DUI/OUI Arrest

  • Fined $800-$1,000
  • Up to one year in jail
  • License suspended 2-5 years
  • Mandatory 100 hours of community service
  • Alcohol or drug treatment
  • Hearing to determine whether license may be reinstated
  • Face a Highway Safety Assessment ($500 fee) conducted by the Community College of Rhode Island (CCRI) and possible enrollment in a driving school and/or an alcohol treatment program
  • Pay a $200 fee to support the department of health's chemical testing programs

Additional DUI Charges & Penalties

DUI Resulting in Death

  • Jail sentence 5-15 years
  • Fined $5,000-$10,000
  • Revoked license for 5 years
  • At the judge's discretion possible enrollment in an alcohol treatment program

For more information on Rhode Island DUI laws, see the official Rhode Island DUI Statutes page.

 

 

 

Call for a criminal defenes legal consultation on any drunk driving or other criminal charge in Rhode Island.

(401) 709-8987


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