Rhode Island DUI Laws

Rhode Island DUI law section 31-27-2 states that it is unlawful for any person to operate or attempt to drive a motorized vehicle in the state of Rhode Island while under the influence of alcohol, drugs, intoxicants or any combination thereof with a blood alcohol concentration level of .08% or greater.

It is not necessary for a person who is stopped on suspicion of driving under the influence in Rhode Island to show the typical signs of impairment one would expect to see in someone who has been consuming alcohol or drugs, just the fact that that person's BAC level is above the legal limit of .08% or greater will get you arrested for DUI in Rhode Island.

A person can still be arrested and charged with DUI in Rhode Island even if their BAC level is below the legal limit just by displaying signs of impairment that are consistent with driving under the influence.

Even before an officer stops someone on suspicion of DUI, the officer is already starting to build a case against that individual starting with observing the individual's driving behavior prior to initiating a DUI stop. The officer is going to be observing whether or not you are swerving within your own lane or whether or not you are swerving over the lane markers.

He will also be looking for other signs like excessively wide turns, how you are maintaining your speed versus the posted speed limit and other various observations. All of this is going on even before the officer initiates a DUI stop.

When you are stopped the officer is going to start by asking the obvious questions as to whether or not you've been drinking and then the officer will proceed into asking you to perform some field sobriety tests. It is not required by law that you submit to the field sobriety tests, you have every right to kindly refuse to submit to them.

You are however, required by Rhode Island's implied consent law to submit to a chemical test. If you refuse to submit to a chemical test the arresting officer must inform you of the penalties for a test refusal and then ask you a second time if you will submit to a chemical test.

Every driver who holds a Rhode Island driver's license has agreed to the state's implied consent law when they initially accepted their Rhode Island driver's license. Basically the implied consent law says that if you are stopped on suspicion of driving under the influence you shall submit to a chemical test to check for alcohol, drugs or intoxicants in your body.

TIP: It's very important that you contact a Rhode Island DUI lawyer to discuss your case. Scheduling an initial consultation is free and you'll get some good information about your options. Contact one of our Rhode Island DUI lawyers today.

Rhode Island DUI offenses are rated on a 3 tier system. Tier 1 offense is for a BAC level of .08% up to .10%; Tier 2 offense is for a BAC level of .10% up to .15% and a Tier 3 offense is for a BAC level of .15% or higher. The Tier system is used for every offense.

Rhode Island First Offense DUI

A Rhode Island first offense DUI conviction is a Misdemeanor offense and carries the following penalties:

Jail time: A first offense Tier 1 conviction will result in up to 1-year in jail or in lieu of jail time the court may order 10 to 60 hours of community service. A first offense Tier 2 conviction will result in up to 1-year in jail or in lieu of jail time the court may order 10 to 60 hours of community service. A first offense Tier 3 conviction will result in up to 1-year in jail or in lieu of jail time the court may order 20 to 60 hours of community service.

Fines: A first offense Tier 1 conviction will result in a fine of $100 to $300 plus associated court costs. A first offense Tier 2 conviction will result in a minimum fine of $100 up to a maximum fine of $400 plus associated court costs. A first offense Tier 3 conviction will result in a fine of up to $500 plus associated court costs.

License Suspension: A first offense Tier 1 conviction will result in a license suspension period of 30 to 180 days. A first offense Tier 2 conviction will result in a license suspension period of 3-months to 12-months. A first offense Tier 3 conviction will result in a license suspension period of 3-months to 18-months.

Before the Rhode Island Department of Motor Vehicles will reinstate your license following your suspension period they will require you to file proof of financial responsibility in the form of an Rhode Island SR22 insurance policy with them. You will also have to pay a license reinstatement fee.

Alcohol Assessment: All first time offenders will be required to attend a special course on driving while intoxicated or under the influence of a controlled substance.

Rhode Island Second Offense DUI

A Rhode Island DUI is considered a second offense if it occurs within 5-years of a previous offense conviction and is a Misdemeanor offense and carries the following penalties:

Jail time: A second offense Tier 1 conviction will result in a minimum of 10 days in jail up to a maximum of 1-year in jail. A second offense Tier 2 conviction will result in a minimum of 6-months up to a maximum of 1-year in jail.

Fines: A second offense Tier 1 conviction will result in a mandatory minimum fine of $400 plus associated court costs. A second offense Tier 2 conviction will result in a mandatory minimum fine of $1,000 plus associated court costs.

License Suspension: A second offense Tier 1 conviction will result in a license suspension period of 1-year up to 2-years. A second offense Tier 2 conviction will result in a license suspension period of a mandatory 2-year suspension.

Before the Rhode Island Department of Motor Vehicles will reinstate your license following your suspension period they will require you to file proof of financial responsibility in the form of an Rhode Island SR22 insurance policy with them. You will also have to pay a license reinstatement fee.

Alcohol Assessment: All second time offenders will be required to attend a special course on driving while intoxicated or under the influence of a controlled substance.

Ignition Interlock: The court may order all second time offenders to have an ignition interlock device installed on their vehicle prior to having their license reinstated at the end of their suspension period. The interlock device will be required to remain on your vehicle for 1 to 2-years following the reinstatement of your license.

Rhode Island Third or Subsequent Offense DUI

A Rhode Island DUI is considered a third offense if it occurs within 5-years of a previous offense conviction and there have been at least two prior convictions for DUI. A third offense conviction is a Felony offense. The fines and penalties are as follows:

Jail time: A third offense conviction with a BAC of .08% - .15% will result in a minimum of 1-year in jail up to a maximum of 3-years in jail. A third offense with a BAC above .15% will result in a minimum of 3-years up to a maximum of 5-years in jail.

Fines: A third offense conviction with a BAC of .08% - .15% will result in a mandatory minimum fine of $400 plus associated court costs. A third offense conviction with a BAC of .15% or greater will result in a mandatory minimum fine of $1,000 up to a maximum of $5,000 plus associated court costs.

License Suspension: A third offense conviction with a BAC of .08% - .15% will result in a license suspension period of 2-years up to 3-years. A third offense conviction with a BAC of .15% or greater will result in a license suspension period of a mandatory 3-year suspension.

Before the Rhode Island Department of Motor Vehicles will reinstate your license following your suspension period they will require you to file proof of financial responsibility in the form of an Rhode Island SR22 insurance policy with them. You will also have to pay a license reinstatement fee.

Alcohol Assessment: All third time offenders will be required to attend a special course on driving while intoxicated or under the influence of a controlled substance.

Ignition Interlock: The court may order all third time offenders to have an ignition interlock device installed on their vehicle prior to having their license reinstated at the end of their suspension period. The interlock device will be required for a period of 2-years following the reinstatement of your license.

Rhode Island CDL DUI Laws

A person operating a commercial motor vehicle in the state of Rhode Island while under the influence of alcohol, drugs or an intoxicant with a blood alcohol concentration of .02% or greater or failing to submit to a chemical test is in violation of the state's laws regarding CDL's and will be arrested for DUI and your CDL will be revoked for a period of 1-year following a first offense violation. A second CDL DUI offense will result in your CDL being revoked for life.

If you were carrying hazardous materials at the time, your CDL will be revoked for 3-years. A second offense violation while carrying hazardous materials will result in a permanent CDL revocation, you will never be able to drive or operate a CMV again. A CMV operator stopped and found to have any measurable amount of alcohol less than .04% in their system will be issued an "out-of-service" notice and will not be allowed to drive for the next 24-hours.

If you have been convicted of a driving under the influence offense in a passenger vehicle within the previous 5-year period and you try to apply for a CDL, your application will be denied.

Rhode Island DUI Under 21 Years of Age

A first time violation of Rhode Island's "zero tolerance" regarding drinking and driving for anyone under the age of 21 will result in your license being suspended from 6-months up to 18-months. You may have to pay fines totaling up to $500 for a first offense. You may also have to perform 10 to 60 hours of community service.

A second time violation of Rhode Island's zero tolerance law may result in fines of up to $500 along with up to a 1-year sentence in Rhode Island driver training school. Your license may be revoked for a period of time to be determined by the court.

If you were were stopped with a BAC level above the legal limit you will be facing the same fines and penalties as someone over the age of 21 would be facing for the same offense.

You will also be required to show proof of financial responsibility in the form of an Rhode Island SR22 insurance policy before the DMV will reinstate your license or issue you a hardship license.

Rhode Island SR22 Requirements

Before the Rhode Island Department of Motor Vehicles will reinstate your license following your revocation period, they will require you to file an SR22 form with them before issuing you a new license. You will be required to carry your SR22 insurance for a period of 3-years.

At anytime during this 3-year period if there is a lapse in your Rhode Island SR22 insurance coverage, your insurance provider is obligated by law to immediately inform the Rhode Island DMV of the lapse. If a lapse in coverage occurs, the Rhode Island DMV will immediately revoke your license and you will be required to re-file an SR22 form with the DMV before they will issue you another license.

Since you are going to have to have your SR22 insurance for a period of 3-years, it is important to find the cheapest policy you can before choosing one. DUI Process has partnered with the largest and most trusted SR22 insurance provider in the state of Rhode Island and has worked out a special discount only available here for our website visitors.

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Additional Resources

Rhode Island DUI Statutes

Rhode Island DMV

Rhode Island Department of Transportation