Rhode Island's DWI Laws and the Penalties for a Conviction

In Rhode Island, driving while intoxicated (DWI)—also called "driving under the influence" (DUI)—carries serious consequences. The severity of these consequences often depends on how many prior convictions the driver has, but other factors could increase the penalties.

How Rhode Island Defines "Driving While Intoxicated"

In Rhode Island, you can be convicted of a DWI for operating a vehicle under any of the following conditions:

• with a blood alcohol content (BAC) of .08% or greater
• while "under the influence" of any alcohol, drug, or controlled substance, or
• with any amount of a scheduled controlled substance in your blood.

(R.I. Gen. Laws § 31-27-2 (2025).)

The prohibition against driving with a BAC of .08% or more (.04% or more if the driver was operating a commercial vehicle) is known as a "per se DWI." A person can be convicted of a per se offense based solely on his or her BAC, regardless of actual impairment. (R.I. Gen. Laws §§ 31-10.3-31, 31-27-2 (2025).)

The volume of alcohol necessary to reach these BAC levels can differ depending on the person's gender and body size and the type of alcohol consumed.

Misdemeanor and Felony DWI Penalties

The penalties for a DWI conviction mostly depend on the number of prior convictions that occurred within the past 5 years (10 years beginning on July 1, 2025), the driver's BAC, the driver's level of impairment, and whether the offense involved drugs. Probation is also a common component of many DWI sentences. (R.I. Gen. Laws § 31-27-2 (2025).)

Penalties for a First DWI Conviction—Misdemeanor

For a first offense involving a BAC of at least .08% but less than .10% or "any amount" of a controlled substance (without proof of actual impairment), the penalties include:

• up to 1 year in jail
• $100 to $300 in fines
• 10 to 60 hours of community service, and
• a license suspension of 30 to 180 days.

If the driver's BAC is at least .10% but less than .15%, the maximum fine is increased to $400, and the license suspension is 3 to 12 months. (R.I. Gen. Laws § 31-27-2 (2025).)

For offenses involving a BAC of at least .15% or drug impairment, the penalties include:

• up to 1 year in jail
• a $500 fine
• 20 to 60 hours of community service, and
• a license suspension of 3 to 18 months.

(R.I. Gen. Laws § 31-27-2 (2025).)

Penalties for a Second DWI Conviction—Misdemeanor

For a second offense involving a BAC of at least .08% but less than .15% or "any amount" of a controlled substance (without proof of actual impairment), the penalties include:

• 10 days to a year in jail
• a $400 fine, and
• a license suspension of 1 to 2 years.

(R.I. Gen. Laws § 31-27-2 (2025).)

But for offenses involving a BAC of at least .15% or drug impairment, the jail time is 6 to 12 months, the fine is at least $1,000, and the license suspension period will be 2 years. (R.I. Gen. Laws § 31-27-2 (2025).)

Penalties for a Third DWI Conviction—Felony

A third DWI conviction is a felony in Rhode Island. The penalties for a conviction include:

• one to three years in jail
• a $400 fine, and
• a license suspension of two to three years.

(R.I. Gen. Laws § 31-27-2 (2025).)

But for offenses involving a BAC of at least .15% or drug impairment, the jail time is three to five years, the fine is at least $1,000 to $5,000, and the license suspension period will be three years. (R.I. Gen. Laws § 31-27-2 (2025).)

Education and Treatment Requirements for DWI Offenders

All persons convicted of a DWI must attend a court-approved DWI class and a treatment program (if needed) and pay a $500 highway safety assessment fee. (R.I. Gen. Laws § 31-27-2 (2025).)

Ignition Interlock Device Requirements

Along with the listed driver's license suspension periods, the judge is also authorized to order an ignition interlock device (IID) for eligible drivers. (R.I. Gen. Laws § 31-27-2 (2025).)

The installation of the IID can greatly reduce the suspension period.

• First offense. 3-month to 1-year IID, minimum 30-day suspension.
• Second offense. 6-month to 2-year IID, minimum 45-day suspension.
• Third offense. IID requirement for 1 to 4 years, minimum 60-day suspension.

(R.I. Gen. Laws § 31-27-2 (2025).)

In some cases, the judge may issue a hardship license that allows the driver to operate a vehicle for work, school, or treatment purposes. The license is effective during the suspension period and requires the use of an IID. (R.I. Gen. Laws § 31-27-2.8 (2025).)

Implied Consent and Refusal

All Rhode Island drivers are deemed to have given implied consent to a breath, urine, or blood test to determine the amount of drugs or alcohol present. A driver who refuses testing will face:

• $200 to $500 in fines
• $500 highway safety assessment
• $200 chemical testing assessment
• 10 to 60 hours of community service
• DWI course and/or substance abuse treatment, and
• a license suspension of 6 months to 1 year.

The penalties increase for second and subsequent offenses. (R.I. Gen. Laws § 31-27-2.1 (2025).)

Rhode Island's Underage DWI Laws

While DWI laws apply to everyone, drivers younger than 21 years old can be convicted of a different underage violation (called "driving while impaired") if they are driving with a BAC of at least .02% but less than .08%. (R.I. Gen. Laws § 31-27-2.7 (2025).)

Underage drivers who are convicted of this offense will face:

• First offense. Up to a $250 fine, 30 hours of community service, and a one to three-month license suspension. The judge will also order a DWI class or treatment.
• Second and subsequent offenses. Up to a $250 fine, $300 highway assessment fee, 60 hours of community service, a three to six-month suspension, DWI class, and treatment.

(R.I. Gen. Laws § 31-27-2.7 (2025).)

Underage drivers can also be convicted of a normal DWI if they're caught driving with a BAC of .08% or more or while under the influence.

Getting Help From a DWI Attorney

If you've been arrested for driving while intoxicated, you should get in contact with a qualified DWI lawyer. The consequences of a DWI are serious, so having legal assistance is imperative.