What are the penalties for a Rhode Island DUI Charge?

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Question:

What are the penalties for a Rhode Island DUI Charge?

Answer:

Rhode Island DUI laws provide that whoever drives or otherwise operates any vehicle while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance is guilty of a misdemeanor (except if violation is a third violation within 5 years) and shall be punished as follows:

First violation:

  • Blood alcohol concentration (BAC) of .08% but less than .1%, or where there is any controlled substance present in the blood, a fine of not less than $100 and no more than $300; 10 to 60 hours of public community restitution, and/or imprisonment for up to one year; mandatory special course on driving while intoxicated or under the influence of a controlled substance; license suspension for 30 to 180 days.
  • BAC of .1% or above but less than .15%, or if the BAC is unknown, a fine of not less than $100 and no more than $400; 10 to 60 hours of public community restitution and/or imprisonment for up to one year; license suspension for three to twelve months; a special DUI course and/or alcohol or drug treatment.
  • BAC of .15% or above, or offender under the influence of a drug, toluene, or any controlled substance, a fine of $500; 20 60 hours of public community restitution and/or imprisonment for up to one year; license suspension for 3 to 18 months; special DUI course and/or alcohol or drug treatment.

Second violation within a 5-year period:

  • BAC of .08% or above but less than .15% or BAC is unknown or controlled substance in the blood, mandatory fine o $400; license suspension for one to two years; imprisonment of 10 days to one year (not less than 48 hours served consecutively); alcohol or drug treatment; interlock system placed on car for one to two years following sentence completion.
  • BAC of .15% or above or controlled substance in the blood, imprisonment of not less than six months to one year; a fine not less than $1,000; license suspension for two years from date of sentence completion.

Third or subsequent violation within a 5-year period (felony):

  • BAC of .08% or above but less than .15% or BAC is unknown or controlled substance in the blood, a fine of $400; license suspension of two to three years; imprisonment of not less than one year and no more than three years (not less than 48 hours served consecutively); alcohol or drug treatment; interlock system for two years following sentence completion.
  • BAC of .15% or above or controlled substance in the blood, imprisonment of not less than three years and no more than five years; fine of not less than $1,000 and no more than $5,000; license suspension for three years after sentence completion.
  • possible seizure and sale of vehicle and proceeds transferred to a general fund.

Talk with an attorney as soon as possible if you face DUI charges in Rhode Island to defend against possible prosecution and/or conviction.

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