What is considered driving under the influence?
What are the penalties?
Now, each state has its own laws and penalties.
And today, we’ll focus on Rhode Island.
We’ll first look at the laws related to DUI.
Then we’ll move on to the penalties.
From there, we answer a lot of commonly asked questions about DUI.
With this, you’ll know all you need to know about Rhode Island DUI laws.
So shall we?
DUI Laws in Rhode Island
There are 3 specific DUI laws in Rhode Island. These are:
- Illegal BAC levels
- Underage Alcohol Law
- Implied Consent Law
Let’s take a look at each one.
NOTE: Though we will be focusing on alcohol, you should know that this also applies to drugs — whether illegal, over-the-counter, or prescription drugs. If it impairs your driving, it will be considered DUI.
Illegal BAC Levels
Let’s go back to that question — what is considered driving under the influence?
Does just one bottle of alcohol already make you a drunk driver?
Well, in Rhode Island, you are considered a DUI if your blood alcohol concentration (BAC) level reaches:
- 0.08% or more for drivers of all ages
- 0.04% or more for drivers that hold a commercial license
Blood alcohol concentration is the amount of alcohol found in your system.
It may take 4 to 5 drinks to get you to the 0.08%.
That said, some people already experience drunkenness with just 1 bottle.
In that case, even if you don’t reach the illegal BAC level but show signs of drunk driving (and have some alcohol in your system), you can be convicted of a DUI.
So the bottom line is, NEVER DRIVE IF YOU DRINK.
Underage Alcohol Law
The legal drinking age in Rhode Island is 21.
So you can expect the law to be a lot stricter for underage drinkers.
And it is.
The illegal BAC level for underage drunk drivers is much less. This is:
- 0.02% to 0.08% — this is considered a DWI, driving while impaired.
- 0.08% or more — this is considered a DUI and will receive harsh penalties.
So even just one bottle of alcohol will lead drivers below 21 years old to a conviction.
Implied Consent Law
But how is your BAC level determined?
If a law enforcement officer suspects you of DWI or DUI, they will pull you over and ask you to take a blood, breathe, or urine test.
And under the Implied Consent Law, you have to consent to these tests.
When did I ever give consent to this?
If you get a Rhode Island driver’s license, you automatically agreed on consent — this is why it’s called ‘implied’.
If you refuse to take the test, your license will automatically be suspended for 6 months. You will also get other penalties such as:
| Offense | Fine | Community Service | Jail Time |
| 1st | $200-$500 | 10-60 hours | None |
| 2nd | $600-$1,000 | 60-100 hours | Up to 6 months |
| 3rd and subsequent | $800-$1,000 | At least 100 hours | Up to 1 year |
DUI Penalties in Rhode Island
The DUI penalties in Rhode Island depend on:
- Your age
- Your BAC level
Let’s look at them all.
Penalties for under 18-year-old underage drinkers with 0.02% to 0.08% BAC:
| Offense | Fine | Treatment | License Suspension |
| 1st | $150 | Special course on DWIAlcohol/drug treatment | 6-12 months |
| 2nd | $150 | Special course on DWIAlcohol/drug treatment | Until 21 years old |
| 3rd or subsequent | $150 | Special course on DWIAlcohol/drug treatment | Additional 2 years |
Penalties for under 18-year-old underage drinkers with 0.08% or more BAC:
| Offense | Fine | Treatment | Community Service | Jail Time | License Suspension |
| 1st | $500 | Special course on DWIAlcohol/drug education and/or treatment | 10-60 hours | N/A | 6-18 months |
| 2nd or subsequent | $500 | Special course on DWIAlcohol/drug treatment | N/A | 1 year | Until 21 years old |
Penalties for drivers above 18 but below 21 years old with a 0.02% to 0.08% BAC:
| Offense | Fine | Treatment | Community Service | License Suspension |
| 1st | $250 | Special course on DWIAlcohol/drug treatment | 30 hours | 1-3 months |
| 2nd or subsequent | $250 + $300 | Special course on DWIAlcohol/drug treatment | 60 hours | 3-6 months |
Penalties for drivers with a 0.08% to 0.1% BAC:
| Offense | Fine | Jail Time | Required Programs | License Suspension |
| 1st | $100 – $300 + $500 + $86 | Up to 1 year | 10-60 hours of community service Special course on DWI or alcohol/drug treatment | 30-180 days |
| 2nd (within 5 years) | $400 + $500 + $86 | 10 days – 1 year | Alcohol/drug treatment 1-2 years using an Ignition Interlock System | 1-2 years |
| 3rd or subsequent (within 5 years) | $400 + $500 + $86 | 1-3 years | Alcohol/drug treatment 2 years using an ignition interlock system Seizure of your vehicle | 2-3 years |
Penalties for drivers with a 0.1% to 0.15% BAC:
| Offense | Fine | Jail Time | Required Programs | License Suspension |
| 1st | $100 – $400 + $500 + $86 | Up to 1 year | 10-60 hours of community service Special course on DWI and/or alcohol/drug treatment | 3-12 months |
| 2nd (within 5 years) | $400 + $500 + $86 | 10 days – 1 year | Alcohol/drug treatment 1-2 years using an Ignition Interlock System | 1-2 years |
| 3rd or subsequent (within 5 years) | $400 + $500 + $86 | 1-3 years | Alcohol/drug treatment 2 years using an ignition interlock system Seizure of your vehicle | 2-3 years |
Penalties for drivers with a 0.15% or more BAC:
| Offense | Fine | Jail Time | Required Programs | License Suspension |
| 1st | $500 + $500 + $86 | Up to 1 year | 20-60 hours of community service Special course on DWI and/or alcohol/drug treatment | 3-18 months |
| 2nd (within 5 years) | $1,000 + $500 + $86 | 6 months to 1 year | Alcohol/drug treatment 2 years using an ignition interlock system | 2 years |
| 3rd or subsequent (within 5 years) | $1,000 – $5,000 + $500 + $86 | 3-5 years | Alcohol/drug treatment 3 years using an ignition interlock system Seizure of your vehicle | 3 years |
Penalties for DUI resulting in bodily injuries:
| Offense | Fine | Jail Time | Required Programs | License Revocation |
| 1st | $1,000 – $5,000 | 1 to 10 years | Alcohol/drug treatment | 2 years |
| 2nd (within 5 years) | $3,000 – $10,000 | 2 to 15 years | Alcohol/drug treatment | 4 years |
Penalties for DUI resulting in death:
| Offense | Fine | Jail Time | Required Programs | License Revocation |
| 1st | $5,000 – $10,000 | 5 to 15 years | Alcohol/drug treatment | 5 years |
| 2nd and subsequent (within 5 years) | $10,000 – $20,000 | 10 to 20 years | Alcohol/drug treatment | 5 years |
One last thing.
If you caused bodily injury or death, this is considered a felony.
For the other DUI convictions, this is only a misdemeanor.
Frequently Asked Questions About Rhode Island DUI Laws
Got more questions about DUI in Rhode Island?
These FAQs can help!
What Happens If You Refuse the Breathalyzer in RI?
If you refuse a breathalyzer or any chemical test for DUI, your license will be suspended for 6 months, PLUS you’ll have to pay high fines, service community time, and take an assessment test.
These penalties will become even harsher if you violate the Implied Consent Law more than once.
Is DUI a Felony in Rhode Island?
A DUI conviction is usually a misdemeanor in Rhode Island.
However, it becomes a felony if:
- You are convicted of a DUI for the 3rd time
- You caused bodily injury
- You caused death
How Long Does a DUI Stay on Your Driving Record in Rhode Island?
A DUI conviction stays on your RI driving record for 5 years.
Once those 5 years are up, you can file for a Motion to Expunge your DUI violation.
What is the Difference Between a DUI and DWI in Rhode Island?
DUI stands for driving under the influence.
DWI stands for driving while impaired.
DWI is used if you’re below 21 years old and have a BAC level of 0.02% to 0.08%.
DUI is used if you’re above 21 years old and have a BAC level of 0.08% or more.
Is Your License Suspended Immediately After a DUI in Rhode Island?
Yes, once you get a DUI violation, your license will be suspended. The suspension period will depend on your age and how many DUI convictions you have. Check the penalties above for this.
Can a DUI be Expunged in Rhode Island?
If you are found “not guilty”, you can get your DUI conviction sealed off so that it doesn’t affect your insurance rates and employment opportunities.
However, if you are found guilty of a DUI, you need to wait 5 years for the change to get expunged.
Take note, however, that the best way to get this removed is to hire an attorney that is used to handling DUI expungement cases.
Conclusion
That was all you needed to know about the Rhode Island DUI laws.
There’s a lot at stake if you are caught driving under the influence.
The penalties are no joke.
Besides that, it’s VERY dangerous.
So to make sure to keep everyone safe — and avoid the penalties — never drink or take drugs and drive.
Even if you just drank one bottle, that can already lead to DUI.
IT’S ALWAYS BETTER TO BE SAFE THAN SORRY.