Rhode Island DUI Laws & Penalties
Last reviewed:
RI grades a first offense by BAC TIER (0.08-0.099, 0.10-0.149, 0.15+/drugs). Refusal is handled in a separate statute (§ 31-27-2.1) and is civil for a first refusal - a distinctive RI feature.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.15%).
- Lookback period: 10 years. CORRECTED: § 31-27-2(d) uses a TEN-year window for both the second-offense and the third-or-subsequent (felony) enhancements (draft said 5 years). Some collateral provisions (vehicle seizure) reference other windows.
- Primary statute: R.I. Gen. Laws § 31-27-2
First-offense tiers: 0.08-0.099, 0.10-0.149, and 0.15+ (or drugs) each carry escalating fines/jail/suspension.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | misdemeanor | none (lower tiers) – 1 year; mandatory min none base; 20-60 hrs community service at 0.15+ | $100–$500 (By tier: 0.08-0.099 = $100-300; 0.10-0.149 = $100-400; 0.15+ = $500 (plus a $500 highway-safety assessment and other fees)) | 30-180 days (0.08-0.10 tier) – 3-18 months (0.15+); hardship: hardship license with IID after a portion | Not required |
| Second offense | misdemeanor (second within 10 years) | 10 days (at least 48 consecutive hours) – 1 year; mandatory min 10 days; 48 hours must be served consecutively | $400 (minimum $400 fine plus assessments) | 1-year suspension – 2 years; hardship: IID required | Required |
| Third offense | felony (third or subsequent within 10 years) | 1 year – 3 years (state prison); mandatory min 1 year | $400 (minimum $400 fine plus assessments) | 2-3 year revocation – 3 years; hardship: IID up to 2 years after | Required |
First offense
- Classification: misdemeanor
- Jail: none (lower tiers) – 1 year; mandatory min none base; 20-60 hrs community service at 0.15+
- Fine: $100–$500 (By tier: 0.08-0.099 = $100-300; 0.10-0.149 = $100-400; 0.15+ = $500 (plus a $500 highway-safety assessment and other fees))
- License suspension: 30-180 days (0.08-0.10 tier) – 3-18 months (0.15+); hardship: hardship license with IID after a portion
- Alternative disposition: Mandatory DUI class + $500 highway safety assessment; alcohol/drug treatment if screened. No formal diversion; many first-tier cases resolve with community service.
- Interlock: IID required (up to 2 years) especially at 0.15+ and for hardship licenses; mandatory on repeats.
- 0.15+ first offense: $500 fine, 20-60 hours community service, up to 1 year jail, 3-18 month suspension.
Second offense
- Classification: misdemeanor (second within 10 years)
- Jail: 10 days (at least 48 consecutive hours) – 1 year; mandatory min 10 days; 48 hours must be served consecutively
- Fine: $400 (minimum $400 fine plus assessments)
- License suspension: 1-year suspension – 2 years; hardship: IID required
- Interlock: IID 1-2 years.
- Second offense within a 10-year window (corrected from draft's 5 years).
Third offense
- Classification: felony (third or subsequent within 10 years)
- Jail: 1 year – 3 years (state prison); mandatory min 1 year
- Fine: $400 (minimum $400 fine plus assessments)
- License suspension: 2-3 year revocation – 3 years; hardship: IID up to 2 years after
- CORRECTED: third within 10 years = felony, 1-3 years imprisonment, $400 min fine. FOURTH or subsequent = 3-5 years imprisonment, $1,000-$5,000 fine, 3-year revocation (draft had conflated 3rd and 4th). Vehicle seizure/sale possible at the sentencing judge's discretion.
Refusing a chemical test (implied consent)
Refusal (§ 31-27-2.1) is a CIVIL violation for a first refusal (not criminal): license suspension, fines, community service, and a highway assessment; a subsequent refusal becomes criminal. This civil-first structure is distinctive to RI.
First refusal is civil; verify current admissibility at page QC.
Statute: R.I. Gen. Laws § 31-27-2.1
Ignition interlock
IID required at 0.15+ and for all repeat offenders and hardship licenses (up to 2 years); RI expanded interlock use in recent reforms.
Statute: R.I. Gen. Laws § 31-27-2.8
Frequently asked questions
What is the penalty for a first DUI in Rhode Island?
A first DUI in Rhode Island is a misdemeanor. Jail: none (lower tiers) – 1 year; mandatory min none base; 20-60 hrs community service at 0.15+. Fine: $100–$500 (By tier: 0.08-0.099 = $100-300; 0.10-0.149 = $100-400; 0.15+ = $500 (plus a $500 highway-safety assessment and other fees)). License suspension: 30-180 days (0.08-0.10 tier) – 3-18 months (0.15+); hardship: hardship license with IID after a portion.
What is the legal BAC limit in Rhode Island?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does Rhode Island look back at prior DUI offenses?
10 years. CORRECTED: § 31-27-2(d) uses a TEN-year window for both the second-offense and the third-or-subsequent (felony) enhancements (draft said 5 years). Some collateral provisions (vehicle seizure) reference other windows.