DUI & DWI in Rhode Island

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

In Rhode Island, the Blood Alcohol Content (BAC) limit is set at:

0.08%  – for drivers over 21 years of age

0.02%. – for commercial drivers (CDL)

0.02%  – for drivers under 21 years of age

Having a license in the state of Rhode Island automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for 3 to 6 months, a fine of $200 to $500 or 10 to 60 hours of community service.

If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!

If you are over 21 years old:

BAC 0.08% – 0.10%:

• $100 to $300 fine; $500 highway safety assessment fee; $86 fee.
• Suspended license for 30 to 180 days.
• Up to 1 year in jail.
• At the discretion of the court, serve 10 to 60 hours of community service.

BAC 0.10% – 0.15%:

• $100 to $400 fine; $500 highway safety assessment fee; $86 fee.
• 10 to 60 hours of community service.
• Suspended license 3 to 12 months.
• 1 year in jail.

BAC 0.15% or Higher:

• $500 fine; $500 highway safety assessment fee; $86 fee.
• 1 year in jail.
• 20 to 60 hours of community service.
• Suspended license 3 to 18 months.
• Mandatory participation in a special course on DWI and/or drug treatment.

BAC 0.08% – 0.15%:

• $400 fine; $500 highway safety assessment fee; $86 fee.
• Suspended license for up to 2 years.
• 10 days to 1 year in jail.
• Possible installation of an ignition-interlock system for up to 2 years.

BAC 0.15% or Higher:

• $1,000 fine; $500 highway safety assessment fee; $86 fee.
• Jail for 6 months to 1 year.
• Suspended license for 2 years.

Third and Subsequent Violations (within 5 years):

BAC 0.08% – 0.15%:

• $400 fine; $500 highway safety assessment fee; $86 fee.
• Felony charge.
• 1 to 3 years in jail.
• 2 to 3 years of license suspension.
• Ignition interlock device for up to 2 years after sentence is completed.

BAC 0.15% or Higher:

• $1,000 to $5,000 fine; $500 highway safety assessment fee; $86 fee.
• Jail for 3 to 5 years.
• Suspended license for 3 years.
• At the discretion of the judge, the violator’s vehicle may be seized and sold by the state.

• First Violation: $1,000 to $5,000.
• Second Violation (within 5 years): $3,000 to $10,000.

RHODE ISLAND INTOXICATION INVOLVING DEATH:

First Violation: (Any DWI resulting in death of another person is considered a felony.)

• Jail sentence 5 to 15 years.
• Fine of $5,000 to $10,000.
• Revoked license for 5 years.

Second Violation (within 5 years):

• Fine of $10,000-$20,000.
• Depending on your BAC and the offense number, you face community service, incarceration, license suspension or revocation, a course on driving impaired, and substance abuse assessment or treatment.

Under 18 years old – 1st offense

BAC of 0.02% to 0.10%:

• Suspended license 6 to 12 months.
• Must enroll in a DWI course and/or an alcohol treatment or education program.
• Highway assessment fine of $150, or community restitution.

Under 18 years old – 2nd offense

BAC of 0.02% to 0.10%:

• Suspended license until 21 years old.
• $150 highway assessment fine or community restitution.
• Alcohol/ drug treatment.
• DWI course.

18 – 21 years old – 1st offense

BAC of 0.02% to 0.10%:

• 30 hours of community service.
• A fine of up to $250.
• Suspended license for 1 to 3 months.
• Class on DWI.
• Enrollment in an alcohol treatment education program.

18 – 21 years old – 2nd offense

 BAC of 0.02% to 0.10%:

• Fined $250 in addition to a $300 highway assessment fee.
• 60 hours of community service.
• Suspended license 3 to 6 months.
• Must enroll in a course on DWI and in an alcohol treatment program.

Rhode Island takes a hard stance against drunk driving. The state’s stringent laws and penalties are based on age and blood alcohol content (BAC) levels.

1st offense:

• Fine of $200 to $500.
• Community Service for 10 to 60 hours.
• Suspended license 6 months to 1 year.
• Pay a $200 fee to support the department of health’s chemical testing programs.

2nd offense within 5 years:

• Fine of $600 to $1,000.
• Suspended license 1 to 2 years.
• 60 to 100 hours of community service.
• Mandatory alcohol or drug treatment.
• Pay a $200 fee to support the department of health’s chemical testing programs.

3rd offense within 5 years:

• Fine of $800 to $1,000.
• Up to 1 year in jail.
• License suspended 2 to 5 years.
• Mandatory 100 hours or more of community service.
• Alcohol or drug treatment.
• Hearing to determine whether license may be reinstated.
• Pay a $200 fee to support the department of health’s chemical testing programs.

• The BAC is set at as low as 0.02% for you.
• You will be denied a commercial driving license if you were convicted of driving under influence within the last 5 years of applying for such a license.

The immediate consequence if a test shows that your blood alcohol level is beyond the permissible limits is the revocation of your license. This is purely an administrative action and quite apart from any criminal charges and penalties that the courts decide. You will be given a 30-day temporary driving permit and you may request a hearing. It is a good idea to consult a DUI/DWI lawyer before you request an administrative hearing.

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Operator Control, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

• The applicable reinstatement fee is $75.
• You need to bring your reinstatement notice, identification card, proof of address, and your social security card.
• You can submit the reinstatement application and fees at:

Operator Control Division

John O. Pastore Complex

Harrington Hall – Lower Level

30 Howard Ave. Bldg. #58

Cranston, RI 02920