What Is a DUI in Rhode Island?

A DUI (driving under the influence) charge in Rhode Island generally involves operating a motor vehicle while under the influence of intoxicating liquor, drugs, or certain controlled substances, or while having a blood alcohol concentration (BAC) at or above the statutory threshold.

For an adult driver, Rhode Island's DUI law establishes a .08 BAC threshold, while the law also provides for prosecution based on other admissible evidence of impairment. The specific consequences can depend on factors including BAC, age, prior offenses and the circumstances of the case.

 

What Is a DWI in Rhode Island?

Rhode Island also recognizes driving while intoxicated (DWI) at lower BAC levels than the adult DUI threshold.

The distinction between DUI and DWI can be confusing because the terms are sometimes used interchangeably in everyday conversation. Under Rhode Island law, however, the applicable BAC level and circumstances can affect how an offense is classified and what consequences may apply.

 

What Happens After a DUI Arrest in Rhode Island?

A DUI arrest is only the beginning of the legal process. Depending on the circumstances, a person may face issues involving:

• The criminal or Traffic Tribunal case

• Chemical testing

• Driver's license suspension

• Chemical-test refusal proceedings

• Fines and other penalties

• Alcohol or substance-use education or treatment

• Community service

• Ignition-interlock requirements

• Court appearances

A DUI arrest does not automatically mean that a person will receive every possible penalty. The consequences depend on the specific facts and the applicable law.

 

What Are the Penalties for a DUI in Rhode Island?

There isn't one single DUI penalty in Rhode Island.

Potential consequences can vary depending on:

• Whether it is a first, second or subsequent offense

• BAC level

• The driver's age

• Whether there was a chemical-test refusal

• Whether someone was injured

• Whether someone was killed

• Other circumstances surrounding the case

For example, Rhode Island's current DMV guidance establishes different consequences for first, second and third/subsequent DUI offenses, including differences based on BAC.

 

First DUI

A first offense can involve fines, license consequences, community service, education or treatment requirements and other penalties depending on the circumstances.

Second DUI

A second offense can result in substantially greater penalties than a first offense, including increased license consequences and potential incarceration.

→ Read: What Are the Penalties for a Second DUI in Rhode Island?

 

Third or Subsequent DUI

A third or subsequent DUI can carry significantly more serious consequences. Rhode Island's current DMV guidance identifies a third or subsequent adult DUI within the applicable five-year period as a felony.

 

What Happens If You Refuse a Breathalyzer?

Chemical-test refusal is a separate issue from a DUI charge.

Rhode Island's implied-consent law addresses chemical testing following an arrest or other qualifying circumstances. A refusal can result in separate license consequences and proceedings before the Rhode Island Traffic Tribunal.

That means someone can potentially face both a DUI case and a chemical-test refusal matter, depending on what happened.

What Happens to Your Driver's License?

A DUI or chemical-test refusal can have consequences for your Rhode Island driver's license.

Depending on the circumstances, those consequences can include:

• License suspension

• Restrictions on driving

• Hardship-license issues

• Ignition-interlock requirements

• Reinstatement requirements

Rhode Island DMV provides separate information regarding alcohol-related license suspensions, hardship licenses and ignition-interlock requirements.

Does BAC Affect a Rhode Island DUI?

Yes. BAC can affect the classification and consequences associated with a DUI.

Rhode Island's current DMV information identifies different penalty ranges based on BAC, including separate treatment for BAC levels of .08–.10, .10–.15, and .15 or higher for certain adult offenses.

Can a DUI Involve Drugs Instead of Alcohol?

Yes.

Rhode Island's DUI statute addresses impairment involving alcohol as well as drugs and certain controlled substances. A case involving prescription medication, marijuana or another substance can therefore raise different legal and evidentiary questions from a traditional alcohol-related DUI.

 

Can a DUI Be Dismissed in Rhode Island?

Whether a DUI case can be dismissed depends on the facts and evidence in the individual case.

Potential issues that an attorney may examine can include the circumstances of the traffic stop, the basis for the arrest, field sobriety testing, chemical testing, police procedures and other evidence.

There is no guarantee that any particular DUI case will be dismissed.

→ Read: Can a DUI Be Dismissed in Rhode Island?

→ Read: How Can a Rhode Island DUI Lawyer Defend a DUI Case?

 

Frequently Asked Questions About Rhode Island DUI & DWI

 

What is the difference between DUI and DWI in Rhode Island?

DUI and DWI are separate classifications under Rhode Island law, with different BAC thresholds and potentially different consequences. The specific circumstances of the offense matter.

What is the legal BAC limit in Rhode Island?

For adult drivers, .08 is the statutory BAC threshold associated with DUI, although Rhode Island law also provides for DWI at lower BAC levels and allows DUI prosecution based on other evidence of impairment.

Can you lose your license after a DUI?

Yes. License suspension and other driving restrictions can be part of the consequences of a DUI conviction or chemical-test refusal, depending on the circumstances.

Is refusing a breathalyzer the same as a DUI?

No. Chemical-test refusal is treated separately under Rhode Island law, although a person may face both a DUI matter and a refusal matter arising from the same incident.

Can you get a DUI with a BAC below .08?

A .08 BAC is the statutory threshold for the adult DUI provision, but Rhode Island law does not make .08 the only way impairment can be established. Other admissible evidence can be relevant.

What should I do after a DUI arrest?

Keep all paperwork related to the arrest, pay attention to court and DMV deadlines, and consider discussing the circumstances with a Rhode Island DUI attorney who can explain the specific issues in your case.

Important: This article provides general legal information for educational purposes only. It is not legal advice and does not create an attorney-client relationship. Rhode Island laws and procedures can change, and the information may not apply to your specific circumstances. For advice about your particular situation, consult a qualified Rhode Island attorney.