Rhode Island DUI Laws: Charges, Penalties & Requirements
Rhode Island imposes strict penalties for DUI offenses. Recent updates to Rhode Island’s DUI statutes include revised penalty ranges, expanded ignition interlock mandates for drivers with multiple drunk driving convictions, and a lower administrative Blood Alcohol Content (BAC) threshold for immediate license suspension to 0.08% for adults. Lawmakers are focused on making DUI enforcement more consistent and using these tougher laws to promote road safety.
Getting Started
If you’re charged with a DUI in Rhode Island, you face both administrative and criminal penalties that can significantly impact your life. The state’s dual administrative and criminal process means violators face license suspensions from both the DMV and courts. This guide walks you through what to expect if you get a DUI in Rhode Island.
Important Note: While this page provides detailed information, DUI.org does not offer legal advice. Laws can change, so consult a qualified DUI attorney for personalized guidance.
Definitions to Know
DUI (Driving Under the Influence)
Rhode Island’s legal term for driving under the influence of alcohol or drugs.
IID (Ignition Interlock Device)
A car breathalyzer installed in a vehicle to prevent it from starting if alcohol is detected on your breath.
Rhode Island Department of Motor Vehicles (DMV)
The Rhode Island DMV is the government agency that handles administrative license revocations, restricted license applications and ignition interlock oversight. The DMV works independently from the court system, meaning you’ll need to address both administrative and criminal penalties separately.
Steps to Take After DUI Arrest in Rhode Island
- Hire an Attorney
Legal counsel can help navigate both administrative and criminal processes.
- License Suspension
Expect your driver’s license to be suspended based on the severity of the offense.
- Request an Administrative Hearing
If disputing a suspension, request a hearing with the Rhode Island DMV promptly.
- Apply for a Hardship License
If eligible, you may apply for limited driving privileges by installing an ignition interlock device.
- Install an Interlock Device
Required for certain offenses – mandatory after high-BAC convictions or repeat offenses under Rhode Island law.
Explore IIDs - Complete Substance Abuse Evaluation and Treatment
Attend evaluation and complete recommended programs.
- Pay Fines and Fees
You’ll need to pay court fines plus other fees, such as license reinstatement and state charges.
- Complete DUI Education Program
Mandatory alcohol education courses are required.
- Attend Court Proceedings
Your case will proceed through criminal court independently from administrative actions.
- Probation
Probation terms may include regular check-ins and abstaining from alcohol or drugs.
- Avoid Further Violations
Whether you’re on probation, using a restricted license, or just had your license reinstated after a DUI, any new DUI or violation can lead to jail time and even longer suspensions.
DUI Laws in Rhode Island
What Are the Legal Driving Alcohol Limits in Rhode Island?
In Rhode Island, it’s illegal to drive if you’re under the influence of alcohol, drugs, or both. The law sets clear Blood Alcohol Concentration (BAC) limits based on your age and license type. Police often use a breathalyzer to quickly check your Breath Alcohol Concentration (BrAC).
| Driver Category | Illegal BAC Limit |
| Drivers over 21 | 0.08% |
| Commercial Drivers | 0.04% |
| Drivers under 21 | 0.02% |
Felony vs Misdemeanor DUI Charges
In Rhode Island, most first and second DUI offenses are classified as misdemeanors. However, a DUI becomes a felony if it’s your third or subsequent offense within a 5-year period, or if the DUI resulted in serious bodily injury or death to another person.
Felony DUI convictions carry significantly harsher penalties, including longer jail sentences (up to 5 years for a third offense), higher fines (up to $5,000), and longer license suspensions (up to 3 years).
What Are Drunk Driving Diversion Programs in Rhode Island?
Rhode Island does not offer a traditional diversion program for adults charged with a DUI that guarantees automatic dismissal or expungement of charges. Instead, most people facing a DUI must plead and complete court-ordered requirements, such as alcohol education or substance abuse treatment. Treatment and education are often mandatory, especially for those without aggravating circumstances and for people dealing with a DUI for the first time.
While the Superior Court Diversion Program exists for certain felony cases, DUI charges are typically excluded unless the court specifically refers the case. Successfully completing court-ordered conditions may reduce penalties in some cases, but this does not guarantee a dismissal of your DUI charges. Consulting with an attorney can help you understand if you’re eligible for any alternative judicial programs and guide you through Rhode Island’s requirements.
Refusing a Chemical Test Under Rhode Island DUI Law
Rhode Island applies an implied consent law; by driving on Rhode Island roads, you implicitly agree to chemical testing if suspected of drunk driving. Refusing a breathalyzer or blood test comes with automatic penalties, separate from any DUI conviction.
| Offense | Test Refusal Penalty |
| 1st Refusal | 6-month to 1-year license suspension, $200-$500 fine, 10-60 hours community service, possible required attendance at DUI education program |
| 2nd Refusal (within 5 years) | 1-2 year license suspension, $600-$1,000 fine, 60-100 hours community service, mandatory DUI education program |
| 3rd or Subsequent Refusal (within 5 years) | 2-5 year license suspension, $800-$1,000 fine, 100+ hours community service, mandatory alcohol treatment program |
DUI Penalties & Consequences
Penalties for DUIs in Rhode Island become progressively severe with each conviction.
Penalties for DUI Offenses in Rhode Island
First Offense (BAC < 0.15%)
Jail Time: Up to 1 year
Fines: $100-$300
License Suspension: 30-180 days
Other Requirements: 10-60 hours community service, DUI education program
First Offense (BAC ≥ 0.15%)
Jail Time: Up to 1 year
Fines: $500
License Suspension: 3-18 months
Other Requirements: Highway safety assessment possible IID requirement
Second Offense
Jail Time: 10 days to 1 year
Fines: $400-$1,000
License Suspension: 1-2 years
Other Requirements: IID requirement, alcohol treatment program
Third or Subsequent Offense
Jail Time: 1- years
Fines: $400-$5,000
License Suspension: 2-3 years
Other Requirements: IID requirement, alcohol treatment program
Aggravating Factors That Increase Rhode Island DUI Penalties
In Rhode Island, these aggravating factors lead to elevated criminal charges, harsher fines, longer jail or prison time, extended license suspensions, and additional requirements like longer DUI education programs:
- High BAC Levels: BAC of 0.15% or higher results in enhanced penalties.
- Child Passengers: Driving under the influence with a minor (under 16) in the vehicle.
- Serious Injury or Death: DUI resulting in bodily harm or fatality to another person.
- Excessive Speed: Driving significantly over the speed limit while impaired.
- Prior DUI Convictions: Multiple offenses within a 10-year lookback period.
- Property Damage: Causing an accident with property damage while under the influence.
- Driving on Suspended License: Driving impaired while already on a suspended license
Driving Without a Valid License
Driving with a suspended license in Rhode Island is a serious offense that can result in additional penalties beyond your original DUI charges. If caught driving during a DUI-related suspension, you could face mandatory jail time (10 days minimum for first offense), additional fines of $500 or more, extension of your original suspension period, and possible vehicle impoundment.
Additionally, your insurance rates will likely increase substantially, and you may face difficulty obtaining future coverage. The risks of driving without a valid license far outweigh any temporary convenience.
License Suspension
Who Determines if You Can Continue Driving After a DUI
In Rhode Island, both the DMV and the courts play roles in determining your driving privileges after a DUI. The DMV handles administrative license suspensions, which occur automatically after a DUI arrest if you either fail a chemical test (BAC at or above legal limits) or refuse testing. Separately, the courts can impose additional license suspensions as part of criminal sentencing if you’re convicted of DUI. This dual-track system means you could face two separate license suspensions for the same incident, which may or may not overlap.
How Long Will Your License Be Suspended?
Getting your license suspended in Rhode Island means you are no longer allowed to drive a vehicle, unless you obtain a temporary or hardship license during your suspension. Here’s how long your regular license may be suspended for a DUI in Rhode Island:
First Offense DUI Suspensions
| BAC Level | Court-Ordered Suspension | Hardship License Eligibility |
| 0.08%–0.10% | 30–180 days | Available with IID/testing |
| 0.10%–0.15% | 3–12 months | Available with IID/testing |
| 0.15% or above | 3–18 months | 3 Available with IID |
Second Offense DUI Suspensions (within 5 years)
| BAC Level | Court-Ordered Suspension | Hardship License Eligibility |
| 0.08%–0.15% | 1–2 years | Limited availability |
| 0.15% or above | 2 years (mandatory) | Limited availability |
Third or Subsequent Offense DUI Suspensions (within 5-10 years)
| BAC Level | Court-Ordered Suspension | Hardship License Eligibility |
| 0.08%–0.15% | 2-3 years | Limited availability |
| 0.15% or above | 3 years (mandatory) | Limited availability |
Chemical Test Refusal Suspensions
| Offense | Court-Ordered Suspension | Hardship License Eligibility |
| First violation | 6 months–1 year | Possible with conditions |
| Second violation | 1–2 years | Limited availability |
| Third or subsequent | 2–5 years | Limited availability |
Steps to Reinstate Your License
- Serve suspension period fully.
- Pay reinstatement fees.
- Complete required education or treatment programs.
- Install an IID if mandated by court or administrative order.
- Pass vision and knowledge tests if required.
Restoring Your Driving Privileges
After a DUI conviction in Rhode Island, there are several pathways to potentially restore limited or full driving privileges, depending on your specific circumstances and compliance with court and DMV requirements.
Eligibility for a Hardship/Restricted Driver’s License
Rhode Island offers hardship licenses (also called restricted licenses) for certain DUI offenses. You must demonstrate a critical need to drive for employment, medical care, or educational purposes. Eligibility typically depends on:
- Having served a portion of your mandatory suspension period
- Being a first or second-time DUI offense (drivers with repeat offenses are generally ineligible)
- No prior license suspensions for test refusals within the past five years
- Installation of an ignition interlock device in your vehicle
- Completion of substance abuse assessment and any recommended treatment
How to Apply for a Hardship/Restricted Driver’s License
- Install an IID on your vehicles
- Provide documentation of need (e.g., employment verification or medical necessity)
- Pay applicable fees
- Submit a written request to the DMV explaining your need for a hardship license
- Provide proof of enrollment in or completion of required substance abuse programs
- Appear for any required hearings to determine eligibility
Rhode Island Ignition Interlock Device (IID) Requirements
Rhode Island requires ignition interlock devices for certain DUI offenses, particularly drivers with repeat convictions and those with high BAC levels. The IID prevents your vehicle from starting if it detects alcohol on your breath.
Key IID requirements in Rhode Island include:
- Installation in all vehicles you operate (with some exceptions for employer-owned vehicles)
- Periodic recalibration every 30 days
- All costs of installation, maintenance, and monitoring paid by the driver
- Random retests while driving
- Regular data downloads reviewed by monitoring authorities
- Violations (such as failed tests or tampering) may result in extended IID requirements or additional penalties
Rhode Island mandates ignition interlock devices (IIDs) for certain drivers charged with a DUI, depending on the severity and circumstances of each case. For first-time DUIs with a blood alcohol concentration (BAC) below 0.15%, IID installation is generally not required; however, a judge may order an IID at their discretion if there are aggravating factors, such as evidence of substance abuse or dangerous driving behavior.
For first offenses where BAC is 0.15% or higher, as well as all subsequent DUI convictions, state law requires installation of an IID for the full duration of the driver’s license suspension plus an additional period after reinstatement.
Selecting the right ignition interlock provider can make a world of difference.
Substance Abuse Evaluation and Treatment
Rhode Island requires convicted drunk drivers to complete substance abuse screening and potentially treatment, depending on the assessment results. This typically involves:
- Initial Assessment: A professional evaluation to determine the extent of any alcohol or substance use problems.
- Education Programs: For first-time offenses with lower BAC levels, a basic alcohol education course may be sufficient.
- Treatment Programs: More intensive interventions for repeat offenses or those with high BAC levels.
- Follow-up Monitoring: May include random testing or ongoing counseling.
The Rhode Island DMV maintains a list of approved treatment providers. Costs vary but typically range from $300 for basic education programs to $1,000+ for comprehensive treatment. Completion certificates must be submitted to both the court and DMV as part of the license reinstatement process.
Understand what to expect and how to prepare for a substance abuse evaluation.
FAQs About DUIs in Rhode Island
Will a Rhode Island DUI affect your out-of-state license?
Yes, Rhode Island reports DUI convictions to other states through the Interstate Driver License Compact.
How long does a DUI stay on your record in Rhode Island?
DUI convictions remain on your driving record for at least 10 years and may be considered in criminal history for much longer.
Can you refuse a field sobriety test in Rhode Island?
Yes, you can refuse a field sobriety test in Rhode Island but refusing chemical tests (breath, blood, urine) triggers automatic penalties under the state’s implied consent law.
Do you need an attorney for a first-time DUI in Rhode Island?
While not legally required, an attorney can help minimize penalties and navigate the complex legal process if you get a first-time DUI in Rhode Island.
Sources
- Rhode Island General Laws. (n.d.). Title 31, Chapter 27, Section 2. Retrieved from http://webserver.rilin.state.ri.us/statutes/title31/31-27/31-27-2.HTM
- Rhode Island Division of Motor Vehicles. (n.d.). Alcohol-related license suspensions. Retrieved from https://dmv.ri.gov/adjudications-suspensions/alcohol-related-license-suspensions
- FindLaw. (n.d.). Rhode Island DUI laws. Retrieved from https://www.findlaw.com/state/rhode-island-law/rhode-island-dui-laws.html
- National College for DUI Defense. (n.d.). Rhode Island DWI laws. Retrieved from https://www.ncdd.com/rhode-island-dwi-laws
- Rhode Island DMV. (n.d.). Ignition interlock device program. Retrieved from https://dmv.ri.gov/adjudications-suspensions/alcohol-related-license-suspensions/hardship-licenseignition-interlock
- Rhode Island DMV. (n.d.). Alcohol treatment. Retrieved from https://dmv.ri.gov/adjudications-suspensions/alcohol-related-license-suspensions/alcohol-treatment
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