Rhode Island Drunk Driving Laws

Everyone knows that drinking and driving is against the law. However, when it comes to the crime itself, your definition of “drunk” may be quite different from its legal meaning. Like most states, Rhode Island drunk driving laws define “driving under the influence” (DUI) as operating a vehicle with an illegal blood alcohol content (BAC)—and that means, if you don’t know your BAC, you could be legally impaired and not even know it. Of course, one of the easiest ways to avoid this situation is to become familiar with the state’s specific BAC guidelines.

The term BAC refers to the percentage of alcohol found in a person's bloodstream. In Rhode Island, a driver is deemed impaired once this amount reaches 0.08%. As a result, it is against the law for anyone to operate a vehicle with a BAC of 0.08% or higher. In addition, drivers under the age of 21 must adhere to a 0.02% BAC, while individuals who operate a commercial vehicle (such as a tow truck, bus, or tractor-trailer) are permitted a BAC of only 0.04%.

If a member of law enforcement suspects a driver is under the influence of alcohol, a chemical test will be administered to determine his or her BAC. Depending on the circumstances, the individual may perform a breathalyzer or provide a blood or urine sample for this purpose. Under the state's “Implied Consent Law,” it is illegal to refuse to submit to these tests, and a refusal will automatically lead to your arrest.

Like most states, Rhode Island has strict sentencing guidelines in place for a DUI conviction, and many of these penalties will be based on your prior history of DUI. For a first offense, the sentence may include up to $500 in fines, 60 hours of community service, a minimum 30-day license suspension, and up to a one-year jail sentence. However, if you have a prior DUI conviction on your record, a second conviction carries a maximum $1,000 fine, two-year license suspension, and a minimum 10-day jail sentence. Once your driving privileges are reinstated, you may also be required to have an ignition interlock device installed in your vehicle for the next one to two years.

If you are convicted of two or more DUIs within a five-year period, any subsequent charges will be classified as felonies. As a more serious offense, a felony DUI conviction can carry up to $5,000 in fines, a five-year jail sentence, and a three-year license suspension. Plus, as a convicted felon, you may also lose a number of personal freedoms, including your right to vote, obtain a passport, and purchase a firearm. You should also keep in mind that, regardless of your history, the penalties for a DUI conviction are likely to increase if you were arrested with a BAC above 0.15%.

Fortunately, being arrested for DUI does not necessarily mean you found guilty of the charges in criminal court. In fact, with the right legal representation, you may be able to avoid many of the consequences listed above. To discuss your case with an experienced legal professional, complete our online form today to schedule a free, no-obligation consultation with a DUI defense attorney in your area.