• DUI & DWI in Rhode Island

    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

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    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



























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