Rhode Island DUI Penalties

Driving under the influence is treated as a misdemeanor unless this is at least the third conviction for a driver within 5 years, in which case it is a felony.

First Offense Rhode Island DUI Punishments:

BAC < 0.10 or any amount of an illegal drug: A driver who has a BAC of at least 0.08 but less than 0.10 or any detectable amount of an illegal drug will be fined between $100 and $300 and sentenced to between 10 and 60 hours of community service, or up to 1 year in jail, or both. The driver may also be sentenced to complete a course on driving while intoxicated and his or her license will be suspended for between 30 and 180 days.

0.10 < BAC < 0.15 or unknown: A driver who has a BAC of at least 0.10 but less than 0.15 or an unknown BAC will be fined between $100 and $400 and sentenced to between 10 and 60 hours of community service, or up to 1 year in jail, or both. The driver will also be sentenced to complete a course on driving while intoxicated, or an alcohol treatment program, or both, and his or her license will be suspended for between 3 and 12 months.

BAC > 0.15 or impaired by an illegal drug: A driver who has a BAC of at least 0.10 but less than 0.15 or is impaired by an illegal drug will be fined $500 and sentenced to between 20 and 60 hours of community service, or up to 1 year in jail, or both. The driver will also be sentenced to complete a course on driving while intoxicated, or an alcohol treatment program, or both, and his or her license will be suspended for between 3 and 18 months.

Second Offense Rhode Island DUI Punishments:

BAC < 0.15 or any amount of an illegal drug: A driver who has been previously convicted once in the past 5 years and has a BAC of at least 0.08 but less than 0.15 or any detectable amount of an illegal drug will be fined $400 and sentenced to between 10 days and 1 year in jail. The driver will also be sentenced to complete an alcohol treatment program and his or her license will be suspended for between 1 and 2 years. The court may also require that the driver use an ignition interlock device for up to 2 years after the suspension ends.

BAC > 0.15 or impaired by an illegal drug: A driver who has been previously convicted once in the past 5 years and has a BAC of at least 0.15 or is impaired by an illegal drug will be fined at least $1000 and sentenced to between 6 months and 1 year in jail. The driver will also be sentenced to complete an alcohol treatment program and his or her license will be suspended for 2 years. The court may also require that the driver use an ignition interlock device for up to 2 years after the suspension ends.

Third Offense Rhode Island DUI Punishments:

A third offense DUI in Rhode Island is a serious felony.

BAC < 0.15 or any amount of an illegal drug: A driver who has been previously convicted at least twice in the past 5 years and has a BAC of at least 0.08 but less than 0.15 or an unknown BAC, or any detectable amount of an illegal drug will be fined $400 and sentenced to between 1 years and 3 years in prison. The driver will also be sentenced to complete an alcohol treatment program and the court may also require that the driver use an ignition interlock device for up to 2 years after the sentence ends.

BAC > 0.15 or impaired by an illegal drug: A driver who has been previously convicted at least twice in the past 5 years and has a BAC of at least 0.15 or is impaired by an illegal drug will be fined between $1000 and $5000 and sentenced to between 3 years and 5 years in prison. The driver will also be sentenced to complete an alcohol treatment program and his or her license will be suspended for 3 years. The court may also require that the driver use an ignition interlock device for up to 2 years after the suspension ends.

Third Offense or more: If a driver commits a third DUI offense within 5 years, the court can seize the driver's vehicle and sell it at auction in addition to any other penalty.

If the driver is at least 18 years old and committed a DUI with a child who was less than 13 years old

in the vehicle, the driver may be sentenced to up to 1 year in prison even if the offense would otherwise be punished less severely.

Violations of the rule against underage drivers driving with alcohol in their system are not considered criminal offenses, but are punished as follows:

First Offense: The driver will be fined $250 and required to serve 30 hours of community service.  The driver will be required to attend a driving while intoxicated course and his or her license to drive will be suspended for 1 to 3 months.

Second Offense or more: The driver will be fined $550 and required to serve up to 60 hours of community service.  The driver will be required to attend a driving while intoxicated course, or an alcohol treatment program, or both and his or her license to drive will be suspended for between 3 months and 6 months.

First Offense: The driver will be fined between $1000 and $5000 and sentenced to prison for between 1 and 10 years.  The driver's license to drive will be revoked for up to 2 years and the driver may be required to complete an alcohol treatment program.

Second Offense or more: If the driver has committed a DUI which resulted in serious bodily injury within the last 5 years, the driver will be fined between $3,000 and $10,000 and sentenced to prison for between 2 and 15 years.  The driver's license to drive will be revoked for up to 4 years and the driver may be required to complete an alcohol treatment program.

First Offense: The driver will be fined between $5000 and $10,000 and sentenced to prison for between 5 and 15 years.  The driver's license to drive will be revoked for up to 5 years and the driver may be required to complete an alcohol treatment program.

Second Offense or more: If the driver has committed a DUI which resulted in death within the last 5 years, the driver will be fined between $10,000 and $20,000 and sentenced to prison for between 10 and 20 years.  The driver's license to drive will be revoked for up to 5 years and the driver may be required to complete an alcohol treatment program.

If a driver has committed at least 3 DUI or other serious traffic offenses within 3 years, he or she is classified as a habitual offender. The driver's license to drive may not be restored for a period of 1 year to 5 years, and the driver may be punished by up to 5 years in prison for driving without a restored license.