DUI Laws in Rhode Island

0.08 for drivers generally.

Penalties depend on blood alcohol level. 0.08 to under 0.10 (or presence of a scheduled controlled substance): fine of $100-$300, 10-60 hours of community service and/or up to one year in prison, a DUI course, and a license suspension of 30 to 180 days; the judge may require an ignition interlock. 0.10 to under 0.15 (or unknown): fine of $100-$400, 10-60 hours community service and/or up to one year, suspension of 3-12 months, required course and/or treatment; interlock may be required. 0.15 or more (or under the influence of drugs): $500 fine, 20-60 hours community service and/or up to one year, suspension of 3-18 months, required course and/or treatment, and an ignition interlock (and/or blood and urine testing) is required. A conviction also carries an $86 assessment and a highway assessment fee.

In Rhode Island, a 3rd or later DUI within 10 years is a felony, with at least 1 year of imprisonment and higher minimums at higher BAC levels. Driving under the influence while your license is suspended, revoked or cancelled for a prior DUI is a felony punishable by up to 3 years. A 2nd or later DUI with a child under 13 in the vehicle is a felony punishable by up to 5 years. DUI resulting in death is punished by 5 to 15 years in state prison (10 to 20 years for a repeat within 5 years). DUI resulting in serious bodily injury is punished by 1 to 10 years (2 to 15 years for a repeat within 5 years).

For a first refusal, the Traffic Tribunal imposes a fine of $200-$500, 10-60 hours of community service, a license suspension of six months to one year (or a modified license allowing driving with an ignition interlock and/or blood and urine testing), and a required DUI course and/or treatment. A second refusal within ten years is a misdemeanor with up to six months in jail, a $600-$1,000 fine, and a one-to-two-year suspension; a third within ten years carries up to one year, an $800-$1,000 fine, and a two-to-five-year suspension.

Ten years. Second and third DUI or refusal violations are counted within a ten-year period, and a prior refusal counts as a prior violation for DUI suspension purposes.

On the criminal record, Rhode Island lets a person with more than one but fewer than six misdemeanor convictions (and no felony) ask the court to expunge them, but DUI (31-27-2) and chemical-test refusal (31-27-2.1) convictions are excluded from that route. A first offender may move to expunge a misdemeanor conviction 5 years after completing the sentence, or a felony 10 years after, unless it was a crime of violence. For felony grading, prior DUIs count within a 10-year window.

For a test refusal, the license suspension can be modified to allow driving with an ignition interlock device and/or blood and urine testing for a period set by law. For DUI, judges may allow or require driving only in vehicles equipped with an ignition interlock under § 31-27-2.8.