DUI Penalties in Rhode Island

Good people make mistakes too. A conviction for a Rhode Island DUI charge or Rhode Island Chemical Test Refusal charge comes with significant Rhode Island DUI penalties and potentially life-long consequences. This is why it is critical to hire an aggressive and experienced criminal defense lawyer to represent you in your criminal case. All DUI attorneys are NOT the same, and the DUI penalties in drunk driving cases can vary widely depending on what DUI defense attorney defends you. I have handled thousands of DUI and breath test refusal cases in the last 30 years with tremendous success for my DUI clients. You shouldn’t leave your future in the hands of a less-experienced less experienced criminal defense lawyer.

Call Rhode Island DUI Lawyer S. Joshua Macktaz, Esq. today at (401) 861-1155 for your best DUI or breath test refusal defense.

Due to the potential serious personal injury and deadly results resulting from DUI motor vehicle accidents, the State takes a hard stance against drunk driving with its DUI law.

The State’s stringent laws and DUI penalties are based on age and more importantly blood alcohol content (BAC) levels.

DUI charges can result for any driver 18 years old or older, with a blood alcohol content of .08% or higher.

Rhode Island DUI law is less tolerant for drunk drivers under 21 who can be charged with DUI for having a blood alcohol content of .02% or higher.

Having a seasoned criminal defense attorney handling your DUI defense puts you in a much better position to avoid the harsh penalties and loss of your driver’s license or driving privileges.

Check out the Rhode Island’s complex DUI law.

Penalties for a DUI in RI

First offense DUI penalties in Rhode Island with blood alcohol content between .08-.10%

A criminal DUI conviction on your record
Fines ranging between $100.00 and $300.00, plus court costs and assessments
Suspension of driving privileges for one month to six months
10-60 hours of community service
DUI school or alcohol counseling classes

As you keep reading, you’ll see the penalty for first time DUI with a BAC between .08-.10% is the lightest. With every subsequent offense and/or higher BAC, the consequences get more severe.

First offense DUI penalties in Rhode Island with a blood alcohol content between .10-.15%

A criminal DUI conviction on your record
Fines ranging between $100.00 and $500.00, plus court costs and assessments totaling around $1000.00
Driver’s license suspension for three (3) to twelve (12) months
10-60 hours of community service
DUI school or alcohol counseling classes

Penalties for a first offense Rhode Island DUI charge with Unknown blood alcohol content (Client refused the breathalyzer test)

A criminal DUI conviction on your record
Fines ranging between $100.00 and $500.00, plus court costs and assessments
Suspension of your driver’s license for three (3) to twelve (12) months
10-60 hours of community service
DUI school or alcohol counseling classes

Penalties for a first offense Rhode Island DUI charge with a blood alcohol content between .10-.15%

A criminal DUI conviction on your record
Fines ranging between $100.00 and $500.00, plus court costs and assessments
Driver’s license suspension for three (3) to twelve (12) months.
10-60 hours of community service
DUI school or alcohol counseling classes

Penalties for second offense DUI charges – second time offender within five years with a blood alcohol content unknown or a blood alcohol content between .08-.15%

Criminal DUI conviction on your record
Mandatory ten (10) days in jail
1 year Probation
Fine of $400.00, plus court costs and assessments
Driver’s license suspension for up to two (2) years
Alcohol counseling or drug treatment
Possible installation of an ignition interlock system for up to two years (and the Rhode Island Department of Motor Vehicles won’t let you get it removed until you’ve also fulfilled specific requirements, like paying reinstatement fees).

As you can see, these 2nd DUI penalties are harsher than those for a 1st DUI with a higher BAC. Like many states, Rhode Island punishes repeat offenders much more harshly than first-timers.

Second DUI penalties in Rhode Island within five years with a blood alcohol content unknown or a blood alcohol content above .15%

Criminal DUI conviction on your record
Mandatory six (6) months in jail
1 year Probation
Fine of $1,000.00, plus court costs and assessments
Driver’s License suspended between two (2) to five (5) years
Alcohol or drug treatment
Possible installation of an ignition interlock system for up to two years

Third DUI penalties in Rhode Island within five years with a blood alcohol content unknown or a blood alcohol content between .08-.15%

Criminal DUI conviction on your record
Mandatory six (6) months in jail
1 year Probation
Fine of $1,000.00, plus court costs and assessments
Driver’s license suspended for up to two (2) years
Alcohol counseling or drug treatment
Installation of an ignition interlock for up to two years

Penalties for a first offense breathalyzer test refusal (chemical test refusal) charges in Rhode Island

Fines between $200.00 and $500.00, plus court costs and assessments
Community Service between 10 hours and 60 hours
Suspension of driving privileges between 6 and 12 months
Mandatory attendance and completion of DUI school or alcohol treatment

Penalties for a second offense breath test refusal charge within five years

A criminal breathalyzer refusal conviction on your record
Fines between $600.00 and $1000.00 plus court costs and assessments
Driver’s license suspended between 1 and 2 years
60 hours to 100 hours of community service
Mandatory alcohol counseling or drug treatment

Penalties for a DUI caused by drug impairment

1st offense DUI: Up to 1 year in jail, up to $500 in fines, and license suspension for 3 to 18 months
2nd offense DUI: Six to 12 months in jail, up to $1000 in fines, and license suspension for up to 2 years
3rd offense DUI: 3 to 5 years in jail, $1000 to $5000 in fines, and license suspension for up to 3 years

Penalties for underage DUI DWI in Rhode Island

1st offense DUI: Fines up to $250, license suspension for 1 to 3 months, 30 hours of community service, and DWI treatment/education program
2nd offense DUI: Fines up to $250 plus a $300 highway assessment fee, license suspension for 1 to 3 months, 60 hours of community service, and DWI treatment/education program.

Since 2015, Rhode Island has allowed hardship licenses which allow a person convicted of drunk driving or a breathalyzer refusal charge to operate a motor vehicle to and from work or school during limited hours and with an ignition interlock device. Another reason why it is so important to hire an experienced and aggressive RI DUI lawyer who knows the in’s and out’s of Rhode Island’s complicated DUI law. Check out Rhode Island hardship licenses.

Penalties for a DUI resulting in serious bodily injury or death in Rhode Island

Felony DUI conviction on your record
Jail sentence between 5 years and 15 years
Fine between $5,000.00 $10,000.00, plus costs and assessments
Driver’s license revoked for 5 years
Enrollment in an alcohol treatment program

These felony DUI consequences can cast a long shadow over every aspect of your life for years to come, especially when compared to misdemeanor DUI penalties.

If you’re facing punishment for DUI resulting in death or serious bodily injury, call S. Joshua Macktaz, Esq. right now at (401) 861-1155 to start discussing your defense strategy.

Frequently Asked Questions About DUI Penalties in Rhode Island

What is the minimum and maximum jail time for a DUI in Rhode Island?

Per Rhode Island General Laws § 31-27-2, the minimum jail time for a DUI in Rhode Island is 10 days, and maximum jail time is 15 years. But keep in mind that you may not face any jail time, depending on your BAC at the time of the arrest and whether you have any past offenses.

That’s why it’s crucial to hire an experienced, skilled Rhode Island DUI attorney as soon as possible.

Even the minimum sentence for DUI can impact your life for years to come, with penalties like license suspension and mandatory ignition interlock installation. There are also shorter-term penalties to deal with too, such as driving and alcohol education courses.

The biggest thing to remember is that Rhode Island does not have an average DUI sentence. If you’re found guilty, the judge has to look at many factors—like your past record, your overall character, and the nature of your charges—to decide how harsh your sentence will be.

If you want the best possible outcome with minimal impacts to how much freedom you have in day-to-day life, contact Rhode Island DUI attorney S. Joshua Macktaz, Esq. now at (401) 861-1155.

How long will my license be suspended for a DUI in Rhode Island?

For a DUI in Rhode Island, your license suspension will last anywhere from one month to five years. It all depends on the details, like whether this is your first offense DUI, and if any underage passengers were in the motor vehicle at the time of arrest.

You see, the Rhode Island legal system takes a very harsh view on impaired driving. This is true of impairment caused by alcohol or by a controlled substance. So, state law ensures you face stiff penalties—including long drivers license suspension periods—to help ensure you don’t commit future offenses.

Can penalties be enhanced if drugs are found in my system during a DUI arrest?

Yes, under Rhode Island DUI laws, penalties can be enhanced if drugs are found in your system during a DUI arrest. The state takes a much more severe position on any DUI offense involving drug impairment, and the penalties reflect this.

The specific controlled substance (or substances) in your system can also impact the penalties you face. For example, driving under the influence of heroin can result in harsher consequences than driving under the influence of marijuana.

It also comes down to your perceived level of impairment, the potential risk associated with the drug in question, and whether it’s a prescription medication.

Are there community service requirements for DUI convictions in Rhode Island?

Yes, there are public community service requirements for DUI convictions in Rhode Island. You could be sentenced to anywhere between 10 and 60 hours of community service, depending on if you’ve been convicted of a prior DUI offense and other details.

Minimizing these consequences is most likely when you work with a highly experienced, successful Rhode Island DUI attorney like S. Joshua Macktaz, Esq. No matter what the details of your charges may be, he’ll work with you directly to build the strongest possible DUI defense strategy for your case.

Are there additional penalties for causing injury or death while driving under the influence in Rhode Island?

Yes, the penalties for your DUI arrest will be increased if you cause injury or death while driving under the influence in Rhode Island.

First, you’ll be facing felony charges instead of misdemeanor. As you likely noticed while reading the above sections on penalties, you face far more jail time and extremely high fines if your DUI caused an injury or death.

On top of the earlier mentioned penalties, you may also have to pay restitution to the victim and/or their family. This can include medical expenses, funeral costs, and other financial losses. The victim and/or family may also choose to bring a civil suit against you to collect further damages.

Why Hire S. Joshua Macktaz, Esq. To Defend Drunk Driving Charges in Rhode Island:

Former Rhode Island State Prosecutor
Judges, Lawyers and Police Officers refer family and friends
30 years of experience in Rhode Island criminal law with a concentration in DUI arrests
300+ Five Star online reviews across all platforms
Aggressive, experienced and personal representation of all clients charged with drunk driving
My law office has strong and long-standing relationships with all Rhode Island Judges and prosecutors
My goal in every criminal case is DISMISSAL and then EXPUNGEMENT of all charges from your criminal record and driving record.
I will be the DUI lawyer reviewing and overseeing your case and I will be the DUI attorney standing next to you in court. Unlike so many other Rhode Island Criminal Defense firms, I do NOT send associates to do my job. I am in criminal court every day of the week, and I strongly believe each DUI client deserves this personal service.
I copy every client on every single document coming into the law office, or leaving the office, regarding their DUI charges. I think it is critical for every client to be well-informed and fully engaged in the process. Defending your criminal DUI case is truly a team effort.
All calls and emails will be returned by me, not an associate, within a few hours of receiving the email or call.
I provide a free and comprehensive initial consultation in all new DUI cases.
I am available 24/7/365

At this point, there’s nothing he hasn’t heard when it comes to Rhode Island DUI charges. Did you refuse a field sobriety test? Or maybe you already have a history with the Rhode Island Traffic Tribunal? No matter what, he’ll be by your side every step of the way.

So, if you’re staring down a potential Rhode Island DUI conviction and need an experienced Rhode Island DUI Lawyer call S. Joshua Macktaz, Esq. for your free consultation now at (401) 861-1155.