Rhode Island's DUI/DWI Laws and the Penalties for a 1st, 2nd, and 3rd Conviction

In Rhode Island, driving while intoxicated (also called "driving under the influence" (DUI)) carries serious consequences. The severity of these consequences depends in large part on how many prior convictions the driver has.

This article gives an overview of Rhode Island's DWI laws and the penalties you'll face for a first, second, and third conviction.

How Rhode Island Defines "Driving While Intoxicated"

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

• with a blood alcohol content (BAC) of .08% or greater (.04% or more if the driver was operating a commercial vehicle)
• while "under the influence" of any alcohol, drug, or controlled substance, or
• with any amount of a scheduled controlled substance (illegal drugs or marijuana) in your blood.

(31 R.I. Gen. Laws Ann. § 31-27-2.)

The prohibition against driving with a BAC of .08% or more is known as a "per se DUI." A person can be convicted of a per se offense based solely on his or her BAC, regardless of actual impairment. 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.

Rhode Island's Misdemeanor and Felony DUI Penalties

The penalties for a DUI conviction mostly depend on the number of prior convictions that occurred within the past five years, the driver's BAC, the driver's level of impairment, and whether the offense involved drugs.

Penalties for a 1st DUI Conviction in Rhode Island—Misdemeanor

For a first 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:

• up to a year in jail
• $100 to $400 in fines, and
• a license suspension of 30 days to 12 months.

But for offenses involving a BAC of at least .15% or drug impairment, though the jail time is the same, the fine is $500 and the license suspension period will be three to 18 months.

Penalties for a 2nd DUI Conviction in Rhode Island—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
• $400 in fines, and
• a license suspension of one to two years.

But for offenses involving a BAC of at least .15% or drug impairment, the jail time is six to 12 months, the fine is at least $1,000, and the license suspension period will be two years.

Penalties for a 3rd DUI Conviction in Rhode Island—Felony

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

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

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.

Rhode Island's Education and Treatment Requirments for DWI Offenders

All persons convicted of a DWI must attend a court-approved DWI class and/or treatment program and pay a $500 highway safety assessment fee.

Rhode Island's 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. The installation of the IID can greatly reduce the suspension period.

• First offense. Three-month to one-year IID, minimum 30-day suspension.
• Second offense. Six-month to two-year IID, minimum 45-day suspension.
• Third offense. One to four-year IID, minimum 60-day suspension.

For a first-offense DWI, the judge is permitted to issue the driver a hardship license. The driver must plead guilty to the DWI and show hardship (a good reason) but can receive a temporary 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.

Rhode Island's Underage DWI Rules

While DWI laws apply to everyone, drivers under 21 years old can be convicted of a different underage violation if they are driving with a BAC of at least .02% but less than .08%. 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 offense. Up to a $250 fine, $300 highway assessment fee, 60 hours of community service, a three to six-month suspension, DWI class, and treatment.

But, again, 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.

Talk to 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.