Rhode Island DUI/DWI Laws
Quick Overview of Penalties for DUI/DWI
- BAC Percentage for Increased (Aggravated) Penalty – .10 – .15
- License Suspension for 1st Offense – None
- Limited Driving Privileges During Suspension – None
- Ignition Interlock – Possibility (at the discretion of the judge)
- Vehicle and License Plate Sanctions – Yes – Vehicle confiscation
General State Information
- State Penal Code – RI Code, Chapter 31-27, Section 31-27-2 to 31-27-3
- Open Container Laws – Yes
- Repeat Offender Laws – None
- Check Points – None
- Alcohol Exclusion Laws Limiting Treatment – None
Understanding DUI/DWI Penalties
There are four main factors that determine the severity of the penalties incurred:
- The age of the driver
- The substance impairing you. This may be drugs, or alcohol, or both
- The category of your driver’s license (Restricted, CDL)
- Whether you refused a chemical test
Chemical Test Refusal
– Every state has some version of the “Implied Consent” law
– This law carries serious consequences for refusing a chemical test
– The penalties for refusing a chemical test in Rhode Island are:
1st Refusal
- 6 month license suspension
- $200 – $500 fine
- Community Service
2nd Refusal
- 1 year license suspension
- $600 – $1000 fine
- Community Service
3rd Refusal
- 2 – 5 year license suspension
- $800 – $1000
- Community Service
Lookback Period
- In Rhode Island the lookback period is 5 years
- Any arrest for DUI/DWI within 5 years of your first offense results in higher penalties
Zero Tolerance
- Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
- A BAC of .08% and above will result in the same penalties as drivers 21 and over
Penalties for Underage Drivers (under 21)
1st Offense
- license suspension (6 month minimum, 18 month maximum)
- $500 fine (maximum)
2nd Offense
- license revocation (length is at discretion of the judge)
- $500 fine (maximum)
Tier System
– Rhode Island divides DUI/DWI offenses into 3 separate tiers based on BAC level
- Tier 1 – .08% – .099%
- Tier 2 – .10% – .149%
- Tier 3 – .15% and above
DUI/DWI Penalties/Alcohol/Drug related (Tier 1)
1st Offense
- license suspension (30 day minimum, 180 day maximum)
- $600 – $900 fine
- Prison (1 year maximum)
- 10- 60 hours Community Service
2nd Offense
- license suspension (1 year minimum, 2 year maximum)
- $1000 fine (minimum)
- Prison (10 day minimum, 1 year maximum))
- Installation of Ignition Interlock Device
DUI/DWI Penalties/Alcohol/Drug related (Tier 2)
1st Offense
- license suspension (3 month minimum, 1 year maximum)
- $600 – $900 fine
- Prison (1 year maximum)
2nd Offense
- license suspension (1 year minimum, 2 year maximum)
- $1000 (minimum)
- Prison (10 day minimum, 1 year maximum)
- Installation of Ignition Interlock Device
DUI/DWI Penalties/Alcohol/Drug related (Tier 3)
1st Offense
- license suspension (3 month minimum, 18 month maximum)
- $1100 fine
- Prison (1 year maximum)
- 20 – 60 hours Community Service
- Installation of Ignition Interlock Device
2nd Offense
- 2 year license suspension
- $1600 fine
- Prison (6 month minimum, 1 year maximum)
- Installation of Ignition Interlock Device
CDL Drivers (Commercial)
- Those with a commercial driver’s license (CDL) are held to a stricter standard
- The BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
- An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
- A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL
SR-22 Insurance Requirements
- SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
- Most, but not all states have SR-22 statutes
- In Rhode Island an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
- You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
- Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked
Wet Reckless
- Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
- Rhode Island does allow for plea bargains in DUI/DWI cases
- It can only be pleaded down to reckless driving
- This allows you to avoid a criminal record
- Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
- The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
- This plea bargain is typically only allowed for first time offenders with no aggravating factors involved