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DUI in Rhode Island

R.I.G.L. 31-27-2 (R.I. drunk driving statute) states: whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs,... or any combination of these, shall be guilty of a misdemeanor…. For the Prosecution to successfully prove a DUI case in Rhode Island against a suspected drunk driver, the State must establish the following:

That there was reasonable suspicion to stop the suspected drunk driver’s vehicle, which is usually based on traffic infractions. Anonymous tips alone that a driver may be operating his/her vehicle while intoxicated is not enough for a valid vehicle stop.
That the suspected drunk driver was operating a vehicle. Operation of the vehicle is often an issue in accident cases.
That probable cause existed to arrest the suspected drunk driver. Probable cause to arrest is based on the police officer's observations of the suspect's driving, the indicia of alcohol, and most importantly the suspect's performance during the administration of the standardized field sobriety tests. Any deviation in the administration of the National Highway Traffic and Safety Administration ("NHTSA") standardized field sobriety tests may result in these tests becoming inadmissible as evidence.
That the suspected drunk driver was under the influence of intoxicating liquor and/or drugs to a degree which rendered him/her incapable of safely operatinga vehicle. The State can prove that an operator of a vehicle was under the influence of liquor and/or drugs by use of either chemical test results and/or observation testimony. There are numerous requirements that the State must comply with before chemical test results or observation testimony is admissible.
That the suspected drunk driver was afforded a reasonable opportunity to have a physical examination by a physician selected by him/her pursuant to R.I.G.L. 31-27-3.

Allow Attorney Robert H. Humphrey’s reputation, experience, and skill to successfully guide you through the legal process when you have been charged with a driving under the influence of liquor or drugs (DUI, DWI, OUI) and/or refusal to submit to a chemical test, and/or driving under the influence of liquor or drugs resulting in serious bodily injury or death.

Currently, the penalties for a violation of the drunk driving statute (R.I.G.L. 31-27-2) include the following:

First offense BAC .08 but less than .10 penalties:

$100.00 to $300.00 fine, plus court costs;
ten (10) to sixty (60) hours of community service;
imprisonment up to one (1) year;
one (1) to six (6) months license suspension;
participation in driving while intoxicated program or alcohol and drug treatment;
highway safety assessment $500.00; and
additional assessment fees.

First offense BAC .10 but less than .15 penalties:

$100.00 to $400.00 fine, plus court costs;
ten (10) to sixty (60) hours of community service;
imprisonment up to one (1) year;
three (3) to twelve (12) months license suspension;
participation in driving while intoxicated program or alcohol and drug treatment;
highway safety assessment $500.00; and
additional assessment fees.

First offense BAC .15 or above penalties:

$500.00 fine, plus court costs;
twenty (20) to sixty (60) hours of community service;
imprisonment up to one (1) year;
three (3) to eighteen (18) months license suspension;
participation in driving while intoxicated program or alcohol and drug treatment;
highway safety assessment $500.00; and
additional assessment fees.

Second offense BAC .08 but less than .15 or BAC unknown or controlled substance penalties:

$400.00 fine, plus court costs;
one (1) to two (2) year license suspension;
MANDATORY ten (10) days in jail (possibly up to one (1) year in jail);
participation in alcohol and drug treatment;
ignition interlock system on automobile (District Court Judge’s discretion);
highway safety assessment $500.00; and
additional assessment fees.

Second offense BAC .15 or above penalties:

$1,000.00 fine, plus court costs;
two (2) year license suspension from date of completion of the sentence imposed;
MANDATORY six (6) months in jail (possibly up to one (1) year in jail);
participation in alcohol and drug treatment;
highway safety assessment $500.00; and
additional assessment fees.

Currently, the penalties for a violation of the refusal to submit to a chemical test statute (R.I.G.L. 31-27-2.1) include the following:

First offense penalties:

$200.00 to $500.00 fine, plus court costs;
ten (10) to sixty (60) hours of community service;
six (6) to twelve (12) months license suspension;
participation in driving while intoxicated program or alcohol and drug treatment;
highway safety assessment $500.00; and
DOH assessment fee $200.00.

Second offense penalties:

every person convicted for a second violation within a five (5) year period shall be guilty of a misdemeanor;
$600.00 to $1,000.00 fine, plus court costs;
sixty (60) to one hundred (100) hours of community service;
imprisonment up to six (6) months;
one (1) to two (2) year license suspension;
participation in alcohol and drug treatment;
highway safety assessment $500.00; and
DOH assessment fee $200.00.

Third or subsequent offense penalties:

every person convicted for a third or subsequent violation within a five (5) year period shall be guilty of a misdemeanor;
$800.00 to $1,000.00 fine, plus court costs;
one hundred (100) hours of community service;
imprisonment up to one (1) year;
two (2) to five (5) year license suspension;
participation in alcohol and drug treatment;
highway safety assessment $500.00; and
DOH assessment fee $200.00.

Currently, the penalties for a violation of the driving under the influence of liquor or drugs resulting in serious bodily injury statute (R.I.G.L. 31-27-2.6) include the following:

First offense penalties:

imprisonment for not less than one (1) year and not more than ten (10) years;
a fine of not less than $1,000.00 nor more than $5,000.00; and
revocation of license for a period of up to two (2) years .

Second offense penalties:

imprisonment for not less than two (2) years nor more than fifteen (15) years;
a fine of not less than $3,000.00 nor more than $10,000.00;
alcohol or drug treatment; and
revocation of license for a period of up to four (4) years.

Currently, the penalties for a violation of the driving under the influence of liquor or drugs resulting in death statute (R.I.G.L. 31-27-2.2) include the following:

First offense penalties:

imprisonment for not less than five (5) years nor more than fifteen (15) years;
a fine of not less than $5,000.00 nor more than $10,000.00; and
revocation of license for a period of up to five (5) years .

Second offense penalties:

imprisonment for not less than ten (10) years nor more than twenty (20) years;
a fine of not less than $10,000.00 nor more than $20,000.00; and
revocation of license for a period of up to five (5) years.

Currently, the penalties for a violation of the driving while in possession of controlled substance statute (R.I.G.L. 31-27-2.4) include the following:

First offense penalties:

license suspension for a period of six (6) months.

Currently, the penalties for a violation of the driving while impaired statute (R.I.G.L. 31-27-2.7) include the following:

First offense penalties:

a fine of not more than $250.00;
thirty (30) hours of community service;
license suspension for not less than one (1) nor more than three (3) months; and
attendance at DWI School and/or alcohol and drug treatment programs.

Second offense penalties:

a fine of not more than $250.00;
thirty (30) hours of community service;
license suspension for not less than one (1) nor more than three (3) months; and
attendance at DWI School and/or alcohol and drug treatment programs.

Charged with DUI or a Refusal to Submit to a Chemical Test in Rhode Island? Contact Attorney Robert H. Humphrey today!