DUI Charges for Man Who Crashed into RI Cruiser
December 1, 2013 - Police have charged a 28-year old Providence man with driving under the influence after he crashed his truck into a state trooper SUV on Route 95. (MORE)
15 Arrested for DUI over Holiday Weekend
December 2, 2013 - Rhode Island State Police announced some 15 arrests of people driving under the influence during the holiday weekend which spanned Wednesday and Sunday. (MORE)
Rhode Island DUI Laws
Rhode Island DWI law states that it is illegal for a person to operate a vehicle with a blood alcohol concentration (BAC) of .08 percent or more as shown by a chemical analysis of a blood, breath, or urine sample, or otherwise under the influence of intoxicating liquor, drugs, toluene, or any controlled substance to a degree which caused him or her to be incapable of safely operating the vehicle. However, even if you "blow" a .08 or higher, this does not mean you will be convicted. For example, if the police officer failed to conduct a legal stop, or if a medical condition interfered with test results, there may be grounds to dismiss the case. Hiring a Rhode Island DWI attorney is the best way to make sure your rights are protected under the law.
If this is your first DWI arrest, potential penalties include $100-$300 in fines, a suspended driver's license for one to six months, up to a year in jail, and a Highway Safety Assessment. Additionally, the court in its discretion may impose 10-60 hours of community service and require participation in driving school and/or an alcohol treatment program. Additional and increased penalties apply on subsequent offenses (Rhode Island "looks back" five years in counting prior convictions) and/or for high BAC. Special rules also apply to underage drivers. The laws are subject to change, so it is best to consult a Rhode Island DWI lawyer for the most up-to-date information.
Facing a Rhode Island DWI charge can be overwhelming. If you have been arrested, contact an experienced attorney who has the scientific and legal expertise required to challenge the prosecution's case against you.
Rhode Island DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Rhode Island BAC laws may differ from those of other states, as follows.
| Rhode Island BAC Laws |
| Per Se Violation |
BAC of .08 to .099 |
| Enhanced Penalty |
.10 to .149 |
| High BAC |
.15 or higher |
| "Zero Tolerance" (BAC for someone under 21) |
.02 or higher |
| Commercial Driver's License Holder* |
.04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
- Yes, by getting a Rhode Island driver's license, you give consent to submit to a BAC test (breath alcohol test or blood analysis)
- Failure to submit to a BAC test will result in 6 months to 1 year license suspension, $200 to $1,200 fine, 10 to 60 hours of community service, and alcohol education
|
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense - Per Se Violation (.08 to .099) |
| License Suspension |
30 to 180 days (no conditional license) |
| Prison Term and Community Service |
Up to 1 year in jail; 10 to 60 hours community service |
| Fines, Fees, and Surcharges |
Approx. $600 to $900 or higher** |
| Vehicle Penalties |
Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment |
Alcohol education |
| First DUI/DWI Offense - Enhanced Penalty (.10 to .149) |
| License Suspension |
3 to 12 months (no conditional license) |
| Prison Term and Community Service |
Up to 1 year in jail; 10 to 60 hours of community service |
| Fines, Fees, and Surcharges |
Approx. $600 to $900 or higher** |
| Vehicle Penalties |
Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment |
Alcohol Education |
| Second DUI/DWI Offense - Per Se Violation and Enhanced Penalty (.08 to .149) |
| License Suspension |
1 to 2 years (no conditional license) |
| Prison Term and Community Service |
10 days to 1 year in jail; maybe community service |
| Fines, Fees, and Surcharges |
Approx. $1,000 or higher** |
| Vehicle Penalties |
- Potential impound or confiscation
- Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
|
| Drug and Alcohol Education, Assessment and Treatment |
Alcohol Education |
| Third DUI/DWI Offense - Per Se Violation and Enhanced Penalty (.08 to .149) |
| License Suspension |
2 to 3 years (no conditional license) |
| Prison Term and Community Service |
1 to 3 years in jail; maybe community service |
| Fines, Fees, and Surcharges |
Approx. $1,000 or higher** |
| Vehicle Penalties |
- Potential impound or confiscation
- Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
|
| Drug and Alcohol Education, Assessment and Treatment |
Alcohol education |
| First DUI/DWI Offense - High BAC (.15 or higher) |
| License Suspension |
3 to 18 months (no conditional license) |
| Prison Term and Community Service |
Up to 1 year in jail; 20 to 60 hours community service |
| Fines, Fees, and Surcharges |
Approx. $1,100 or higher** |
| Vehicle Penalties |
Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment |
Alcohol education |
| Second DUI/DWI Offense - High BAC (.15 or higher) |
| License Suspension |
2 years (no conditional license) |
| Prison Term and Community Service |
6 months to 1 year in jail; maybe community service |
| Fines, Fees, and Surcharges |
Approx. $1,600 or higher** |
| Vehicle Penalties |
Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment |
Alcohol education |
| Third DUI/DWI Offense - High BAC (.15 or higher) |
| License Suspension |
3 years (no conditional license) |
| Prison Term and Community Service |
3 to 5 years in jail; maybe community service |
| Fines, Fees, and Surcharges |
Approx. $1,500 to $5,500 or higher** |
| Vehicle Penalties |
Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment |
Alcohol education |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, State of Rhode Island; Department of Transportation
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