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DUI & DWI
Dedicated DUI Defense Attorneys Proven Results - (888) 526-6480.www.CriminalDefenseFirm.comWe Beat DWI, DUI, OWI Cases. Our Reputation Alone Helps You Win.www.CriminalAttorneyUSA.comFormer Prosecutor. Proven Results. Free Consultation 212-619-3900www.LawFletcher.comThe 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.
Top 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
Top 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
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