How much do you have to drink (BAC*) for a DUI in Rhode Island?
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Under 21 |
.02% - Persons under 21 with BAC greater than .02% but less than .1% can be convicted of "driving while impaired" and have their license suspended for 1-3 months (first offense), 3-6 months (second offense), plus fines and community service. Persons under 18 have mandatory license suspension until age 21. |
|
21 or older |
.08% |
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Commercial |
.04% |
** BAC = blood alcohol content
How many drinks does it take? Check the BAC chart.
What if you refuse to take a chemical test in Rhode Island?
RHODE ISLAND has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about RHODE ISLAND’s implied consent law.
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|
1st Offense |
2d Offense |
3rd Offense |
|
Refusal to take test |
6 month license suspension, 10-60 hours community service, $200-$500 fine |
1 year license suspension, 60-100 hours community service, $600-$1,000 fine, possibly jail |
2-5 year license suspension, 100 hours community service, $800-$1,000 fine, possibly jail |
What is the minimum jail time?
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|
1st Offense |
2d Offense |
3rd Offense |
|
Minimum Jail |
No minimum required jail term |
10 days jail |
1 year jail |
Lookback Period: 5 years (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)
Can you plead to a lesser offense than DUI in Rhode Island?
A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in Rhode Island, but it's possible a lawyer may be able to create a plea bargain for you.
First Rhode Island DUI Offense
- Jail – Up to 1 Year and/or
- Community Service – From 10 to 60 Hours
- Fine - $100-$300 (Up to .08 Blood Alcohol Level)
- Fine - $100-$400 (Up to .15 Blood Alcohol Level)
- Fine - $500 (Above .15 BAC)
- Highway Assessment - $500
- License Suspension – From 30 to 180 Days (Up to .08 Blood Alcohol Level)
- License Suspension – From 3 Months to 12 Months (Up to .15 Blood Alcohol Level)
- License Suspension – From 3 Months to 18 Months (Above .15 Blood Alcohol Level)
- Attend Special Course on Driving While Intoxicated
More Information: First Offense DUI in Rhode Island
Note from the Editor
Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.
Second Rhode Island DUI Offense (within 5 years)
- Jail – From 10 Days to 1 Year (Up to .08 Blood Alcohol Level)
- Jail – From 6 Months to 1 Year (Above .15 Blood Alcohol Level)
- Fine - $400 (Up to .08 BAC)
- Fine - $1,000 (Above .15 BAC)
- Highway Assessment - $500
- License Suspension – From 1 to 2 years (Up to .08 Blood Alcohol Level)
- License Suspension – 2 Years (Above .15 Blood Alcohol Level)
- Ignition Interlock Device – Required for 1 to 2 Years Following Sentence
- Attend Alcohol or Drug Treatment
More Information: Second Offense DUI in Rhode Island
Third Rhode Island DUI Offense (within 5 years)
- Felony Conviction
- Jail – From 1 Year to 3 Years (Up to .08 Blood Alcohol Level)
- Jail – From 3 Years to 5 Years (Above .15 Blood Alcohol Level)
- Fine - $400 (Up to .08 BAC)
- Fine – From $1,000 to $5,000 (Above .15 Blood Alcohol Level)
- Highway Assessment - $500
- License Suspension – From 2 to 3 years (Up to .08 Blood Alcohol Level)
- License Suspension – 3 Years (Above .15 Blood Alcohol Level)
- Ignition Interlock Device– Required for 2 Years Following Sentence
- Vehicle May Be Seized by the State of Rhode Island
- Attend Alcohol or Drug Treatment
More Information: Third Offense DUI in Rhode Island
Drinking and Driving Laws in Rhode Island
Rhode Island Drunk Driving and Wet Reckless Laws - Nolo.com
It is illegal in the State of Rhode Island to drive with a blood alcohol concentration (BAC) of .08 or above. The .08 percent limit is the standard measurement used by all states for the "impaired" driver. The State of Rhode Island has lower BAC limits for drivers under the age of 21 and commercial drivers. The Rhode Island DUI law also includes driving under the influence of controlled substances such as marijuana, cocaine, inhalants and other drugs.
How many drinks does it take to reach the legal limit in Rhode Island?
This question is usually asked by people who want to know how many
drinks it would take to reach the .08 limit. There are charts and
calculators to help you determine the number of drinks it would take to
reach the .08 BAC limit, however these tools do not factor in all
variables that contribute to the BAC equation. It is safe to assume
that each drink consumed puts you another step closer to becoming an
impaired driver.
The best answer is not to drink and drive . The State of Rhode Island has strict laws for drunk driving, and when you drink and drive in Rhode Island, you risk your freedom, finances and your future.
If you are convicted of your first DWI with a .08-.10 BAC, you will receive a fine between $100-$300. You will also be ordered to perform from 10-60 hours of community service and you may be sentenced up to 1 year in jail. Your drivers license will be suspended from 30-180 days and you may be ordered to attend a driving while intoxicated course.
The second time you are arrested for a DUI in the State of Rhode Island within 5 years of the first conviction, you will be subject to a mandatory fine of $400. Your drivers license will be suspended from 1-2 years and you will be sentenced to a mandatory minimum of 10 days up to 1 year in jail. You may also be ordered to attend a alcohol and/or drug treatment program and install a ignition interlock device on your vehicle for a period of 1-2 years following the completion of the sentence.
If you are arrested for a 3rd DUI within a 5 year period, you will be guilty of a felony and receive a mandatory $400 fine. Your drivers license will be suspended for a period of 2-3 years and you will be sentenced to no less than 1 year in jail. You will also be required to attend a alcohol or drug treatment program and the judge may require you to install a ignition interlock device on your vehicle for a period of 2 years after the completion of your sentence. At the discretion of the judge, your vehicle may be seized and sold by the State of Rhode Island.
Drunk Driving Laws in Rhode Island
State of Rhode Island BAC Laws:
- All drivers with a BAC of .08 or higher.
- Under 21 with a BAC of .02 or ZERO Tolerance (see chart above)
- Commercial Vehicle Driver with a BAC of .04 or higher.
The Implied Consent Law in Rhode Island
The implied consent law in Rhode Island means that all drivers that travel the roads of the state agree to submit to a chemical test of their blood, breath or urine if they are stopped by an officer of the law that suspects a driver of driving under the influence of alcohol, drugs, or both. If you refuse to submit to such a test, your license will be suspended immediately for 90 days. There will also be other penalties such as community service, a fine, and drunk driving school or a alcohol treatment program. In addition to these penalties you can also be convicted of a DWI if the officer convinces the court that you were intoxicated at the time of the refusal.
State of Rhode Island Website - DUI Laws
