Rhode Island 2nd Offense DUI
Penalties & Laws in a Second Offense RI
Drunk Driving Case
If you've been charged with a Second (2nd)
offense OUI in Rhode Island, the stakes have
gone up. You are facing increased penalties,
license suspension, and a minimum or 10 days jail time if
you are found guilty. You also face additional
penalties for refusing the breath
test/breathalyzer, a breath test failure with
a result of .15 BAC or higher, or if you are a
minor or under 21 years old.
You need to prepare your defense right away
to preserve every possible means of winning the
case. Call me now to discuss your situation, and
I'll tell you exactly how I would proceed, and
let you know what I think the chances of winning
your case are, based on the successes I've had
in the past. Call now for your free RI 2nd
offense drunk driving charge legal consultation
at (401) 662-9006.
Second (2nd)
Offense Rhode Island Drunk Driving/DUI/OUI
Penalties (over 21) [chart]
Second OUI/Drunk
Driving Charge within Five Years (BAC between
.08-.15%)
- $400 Fine
- Suspended license for up to two years
- 10 days (Mandatory Minimum) to one year in
jail
- Mandatory Alcohol/drug treatment program
- Possible installation of an ignition
interlock system for up to two years
Second Time
OUI/DUI Offense High BAC (BAC of .15% or Above)
- $1,000 Fine
- Jail for 6-12 months
- Suspended license for two years
- Possible Ignition Interlock Device for
up to 2 years
Second DUI/Drunk
Driving Offense Ages 18-21 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
Second DUI/Drunk
Driving Offense Age 18 or Younger with a BAC of .02 or Higher
- Suspended license until 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)
Breathalyzer Test Refusal
Penalty - 2nd Offense Refusal (Previous Breath
Test Refusal within Five
Years)
- $600-$1000 Fine
- License Suspension for 1-2 years
- 60-100 hours of community service
- Mandatory Alcohol/drug treatment program
- Highway Safety Assessment fee ($500) 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
Second Offense Penalties Chart
| BAC |
.08-.15 |
.15+ |
over .02 (Age 18-21) |
over .02 (Under 18) |
| Jail Time (Min) |
10 days |
6 months |
- |
- |
| Jail Time (Max) |
1 yr |
1yr |
|
1yr2 |
| Fine |
$400 |
$1000 |
$2503 |
up to $500 |
| License Suspension |
up to 2 yrs |
up to 2 yrs |
3-6 Months |
Until Age 21 |
| Alcohol Treatment |
Mandatory |
Mandatory |
Mandatory |
|
| Community Service |
? |
? |
Up to 60 hrs |
|
| Drunk Driving School |
|
|
Mandatory |
|
| Ignition
Interlock1 |
up to 2
yrs |
up to 2
yrs |
- |
- |
1 - Interlock installation at the judges
discretion, to begin after license suspension
period has elapsed.
2 - To be served in a Juvenile Correctional
Facility (Rhode
Island Training School)
3 - Plus a $300 Highway Assessment Fee
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 |
