Due to the serious and deadly results often resulting from alcohol related accidents, Rhode Island takes a hard stance against drunk driving. The state’s stringent laws and DUI penalties are based on age and blood alcohol content (BAC) levels. However, it’s important to remember the following points:

• Any DWI resulting in death of another person is considered a felony.
• Any driver under 21 years old found with an open container in his or her vehicle may face a 30-day suspension.
• “Implied Consent” means that any driver behind the wheel of a vehicle gives the state permission to administer a breathalyzer exam.

What is a DUI?

The state defines driving while intoxicated (DWI) as any driver 21 or older with a BAC of .08% or higher. The law is less tolerant for drivers under 21 who can be charged with DWI for a BAC of .02% or higher. You can find a full account of Rhode Island’s DWI policies in Title 31, Chapter 27 of the State of Rhode Island General Laws. Here is a summary of the State of Rhode Island’s DWI Penalties.

What are the DUI Penalties

First Time Offender with a BAC between .08-.10%

• Fined $100-$300.
• Suspended license for 1-6 months.
• Up to 1 year in jail.
• Highway Safety Assessment ($500 fee) and possible enrollment in a driving school and/or an alcohol treatment program.

First Time Offender with a BAC between .10-.15%

• Fined $100-$400.
• Suspended license for 3-12 months.
• 1 year in jail or 10-60 hours of community service.

Second Time Offender within Five Years with a BAC between .08-.15%

• Fined $400.
• Suspended license for up to 2 years
• 10 days to 1 year in jail.
• Alcohol or drug treatment.
• Installation of an ignition interlock system for up to two years.

Third Time Offender within Five Years with a BAC between .08-.15%

• Classified as a Felony
• Fined $400.
• Suspended license for 2 to 3 years.
• 1 to 3 years in jail.
• Alcohol and/or drug treatment.
• Ignition interlock device, for up to two years, after sentence is completed.

First Time Offender with a BAC of .15% or Higher

• Fined $500.
• Suspended license for 3-18 months.
• 1 year in jail or 20-60 hours of community service.
• Mandatory participation in a special course on DWI and/or drug treatment.

Second Time Offender with a BAC of .15% or Higher

• Fined $1,000
• Suspended license for 2 years.
• 6-12 months in jail.

Third Time Offender with a BAC of .15% or Higher

• Fined $1,000-$5,000.
• Suspended license for 3 years.
• Jail for 3-5 years.
• The violator’s vehicle may be seized and sold by the state.

DWI Resulting in Death

• Fined $5,000-$10,000.
• Jail sentence 5-15 years.
• Revoked license for 5 years.
• Enrollment in an alcohol treatment program.

So what do I do?

Contact Attorney Archambault. He understands the anxiety individuals experience when facing criminal charges, especially those with a DUI arrest. He takes the time to meet with his clients to explain the charges and discuss the strengths and weaknesses of your case. We encourage you to schedule a complimentary consultation to discuss your case with Attorney Archambault.