DUI in Rhode Island: Defenses and Penalties

In the State of Rhode Island, the first offense of DUI (driving while intoxicated) is a misdemeanor.  If you are pulled over by the police, you must comply with police request for your license and registration but you do not need to answer if they ask whether you have been drinking.  If police suspect that you have been drinking, they may ask you to submit to a breathalyzer test.  You do NOT have to submit to the breathalyzer, and the results can be used against you at trial.  If you refuse to take the test, the police will charge you with a second separate offense.  The police will report your refusal to the registry and your license will likely be suspended for six months.  You have the right to appeal the suspension.

You may be found guilty based on the breathalyzer tests alone.  Even if you refuse to take the test you may be found guilty based on the testimony of the police who will testify as to your speech and conduct. 

Defenses

First, it is important to remember that the police need reasonable suspicion to pull you over.  Typically, the police officer will base the traffic stop on a moving violation such as speeding, running a red light, etc.  Even a busted taillight is justification for a stop.  A defense can be presented on the basis that there was no justification for the traffic stop.  A motion to suppress may make it impossible for the police to identify why you were pulled over in the first place. 

In addition, the case is not lost if you failed a field breathalyzer test.  These tests need to be performed in a proper and timely fashion and have a margin of error that may reduce the credibility of the results.

Penalties

Below are the guidelines for DUI penalties in Rhode Island.  These numbers will always be affected by your prior criminal record and other factors. Of course, additional serious charges will be added if the DUI results in an auto accident causing injury.  In addition, these guidelines pertain to adults.  Drivers under the age of 21 who are charged with DUI will face different penalties.

First Offense DUI Penalties

First Offense - BAC .08-.10

• Fine ranging from $100-$300
• Suspended license for one to six months, up to one year in jail, and a $50 reinstatement fee
• At the discretion of the court, serve 10-60 hours of community service

First Offense - BAC between .10-.15

• Fine $100-$400
• One year in jail or 10-60 hours of community service
• Suspended license 3-12 months

First Offense - BAC of .15 or Higher

• Fine $500
• One year in jail or 20-60 hours of community service
• Suspended license 3-18 months
• Participation in a drunk driving course or drug or alcohol treatment plan

Second Offense DUI Penalties

Second Offense  - BAC between .08-.15%

• Fine $400
• Suspended license for up to two years
• Minimum 10 days to one year in jail
• Alcohol or drug treatment

Second Offense - BAC of .15% or Higher

• $1,000 Fine
• Jail for 6-12 months
• Suspended license for two years

Third Offense DUI Penalties

Third Offense - BAC between .08-.15%

• Felony
• Mandatory $400 fine
• One to three years in jail
• Two to three years license suspension
• Alcohol or drug treatment
• Ignition interlock device for up to two years after sentence is completed

Third Offense - BAC between .15% or Higher

• Fines $1,000-$5,000
• Jail for 3-5 years
• Suspended license for three years
• At the discretion of the judge the violator's vehicle may be seized and sold by the state

Penalties also increase for each subsequent refusal to submit to a breathalyzer test.

Any arrest can have serious, life-altering consequences and you need an attorney to help navigate you through the difficult criminal process and obtain the best result to keep you out of jail and help return you to a normal life.  If you or a loved one has been arrested for DUI in Rhode Island, contact our office right away.