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)662-9006.
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.
Attorney James Powderly defends people accused
of Drunk Driving (DUI / OUI) and other criminal
charges such as possession of drugs, assault,
criminal traffic offenses, and other charges in
courts across Rhode Island everyday. Call today
for a free, no-obligation, criminal defense
consultation on any RI arrest or charge. (401)662-9006
James P. Powderly, Esq., A Rhode Island Criminal
Defense Attorney
Powderly Defense Firm
270 Bellevue Avenue, # 341
Newport, RI 02840 |
