DUI & DWI

The nation's drinking and driving statistics reveal some alarming trends:

• Drunk drivers cause more than half of the accidents in the United States that result in death.

• More than 25,000 people die in alcohol-related car accidents each year.

• After just one drink, your chances of an accident multiply by seven.

Accordingly, Rhode Island takes a hard stance against drunk driving. The state's stringent laws and penalties are based on age and blood alcohol content (BAC) levels. However, it's important to remember the following points:

• Any DWI resulting in death of another person is considered a felony.

• Any driver under 21 years old found with an open container in his or her vehicle may face a 30 day suspension.

• "Implied Consent" means that any driver behind the wheel of a vehicle gives the state permission to administer a breathalyzer exam.

The state defines driving while intoxicated (DWI) as any driver 21 or older with a BAC of .08% or higher. The law is less tolerant for drivers under 21 who can be charged with DWI for a BAC of .02% or higher. You can find a full account of Rhode Island's DWI policies in Title 31, Chapter 27 of the State of Rhode Island General Laws.

Penalties for Drivers 21 and Older

First Time Offender with a BAC between .08-.10%

• Fined $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

First Time Offender with a BAC between .10-.15%

• Fined $100-$400

• One year in jail or 10-60 hours of community service

• Suspended license 3-12 months

Second Time Offender within Five Years with a BAC between .08-.15%

• Fined $400

• Suspended license for up to two years

• Anywhere from 10 days to one year in jail

• Alcohol or drug treatment

• Possible installation of an ignition interlock system for up to two years

Third Time Offender within Five Years with a 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

First Time Offender with a BAC of .15% or Higher

• Fined $500

• One year in jail or 20-60 hours of community service

• Suspended license 3-18 months

• Mandatory participation in a special course on DWI and/or drug treatment

Second Time Offender with a BAC of .15% or Higher

• Fined $1,000

• Jail for 6-12 months

• Suspended license for two years

Third Time Offender with a BAC of .15% or Higher

• Fined $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

First Offense Breathalyzer Test Refusal

• Fined $200-$500

• Community Service for 10-60 hours

• Suspended license six months to one year

• 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

Second Offense Breathalyzer Test Refusal within Five Years

• Fined $600-$1000

• 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

Third Offense Breathalyzer Test Refusal within Five Years

• 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

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

Penalties for Drivers Under 21

First Time Offender 18 or Younger with a BAC of .02 or Higher

• Community Service 10-60 hours

• Suspended license 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

Second Time Offender 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)

First Time Offender 18-21 Years Old with a BAC of .02 or Higher

• Up to 30 hours of community service

• A fine of up to $250

• Suspended license for three months, provided one attends a class on DWI and enrolls in an alcohol treatment education program

Second Time Offender 18 or Younger with a BAC of .02 or Higher

• Fined $250 in addtion 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