Rhode Island DUI Laws

Rhode Island places drunk driving under the state per se law. If your blood alcohol level is at or above the legal limit while operating a motorized vehicle, you will be arrested on a DWI. In Rhode Island, a DWI will result in multiple fines and penalties. All DWI convictions have a mandatory jail time, license suspension, and court ordered substance abuse treatment attached to the charge. Rhode Island DWI laws are strictly adhered to and the penalties and fines are increased for repeat offenders. A repeat offender in the state of Rhode Island will be charged with a felony on the third conviction. These rules apply to other substances such as drugs and inhalants.

Rhode Island’s implied consent law applies to everyone operating a motorized vehicle on Rhode Island roads whether they are a resident or just visiting. Accepting your Rhode Island driver’s license and operating a motorized vehicle on Rhode Island roads is your acceptance of taking a chemical test if stopped for impaired driving. Refusal to take any chemical test requested by a law officer or other state official will result in the immediate loss of your license for 90 days, community service, fines, drunk driving school or alcohol treatment program. If the court is convinced that you were intoxicated at the time of your arrest you will be convicted of a DWI.

The BAC for Rhode Island is .08%. A BAC of .08% to .10%will receive the same penalties as a BAC of .08%. A BAC between .10% and .15% will receive the enhanced penalties and while a BAC of .15% or more will result in felony charges. Rhode Island has a zero tolerance law in place for underage drinkers. This includes anyone under 21. Underage drinkers caught driving with a BAC of 0.01% will be charged with a DWI. Over the counter cough medicine can put you over the limit. The BAC for commercial drivers, this is anyone hauling merchandise or people, is .04%. Your third arrest for DWI becomes a felony.



Your first offense will result in up to 1 year in jail and community service of 10 to 60 hours. Your fine for a BAC of .08% will be $100.00 to $300.00. A BAC up to .15% will result in $100.00 to $400.00 fines and above 15% will result in a $500.00 fine. You will also be charged $500.00 for a Highway Assessment Fee. License suspensions will be 30 days to 180 days for a BAC of .08%, 3 to 12 months for a BAC up to .15% and 3 to 18 months for a BAC over .15%. You will also be required to attend classes on driving while intoxicated.

Your second offense within 5 years of the first will result in 10 days to 1 year in jail for a BAC of .08%. If your BAC is above .15% you could receive jail time of 6 months to 1 year. Your fine for a BAC of .08% will be $400.00. A BAC above 15% will result in a $1,000.00 fine. You will also be charged $500.00 for a Highway Assessment Fee. License suspensions will be 1 to 2 years for a BAC of .08%, and 2 years for a BAC over .15%. The ignition interlock device will be required on your vehicle for 1 to 2 years after your sentence has been served. You will also be required to attend alcohol and drug treatment.

Your third offense within 5 years of the first is considered a felony and will result in 1 to 3 years in jail for a BAC of .08%. If your BAC is above .15% you could receive jail time of 3 to 5 years. Your fine for a BAC of .08% will be $400.00 or more. A BAC above 15% will result in a $1,000.00 to $5,000.00 fine. You will also be charged $500.00 for a Highway Assessment Fee. License suspensions will be 2 to 3 years for a BAC of .08%, and 3 years for a BAC over .15%. The ignition interlock device will be required on your vehicle for 2 years after your sentence has been served. You may also lose your vehicle for this conviction. You will also be required to attend alcohol and drug treatment.