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Writer's pictureBrianna C. Repetto, Esq.

DUI Penalties & Sentencing in Rhode Island

In Rhode Island, a person can be charged with driving under the influence (DUI) when an officer believes the driver is impaired and posing a danger to themselves or others and his or her blood alcohol content (BAC) is above the legal limit of .08% (or has a blood presence of drugs) or if he or she refuses the breathalyzer/chemical test at the police station (i.e., DUI BAC Unknown).


R.I. Gen. Laws § 31-27-2 sets the minimum and maximum penalties for DUI based on offense and BAC. However, it is important to note that just because you are charged with DUI in Rhode Island does not automatically mean you will be sentenced. The presumption of innocence applies to DUI cases like all other crimes. You are presumed innocent until you either plead guilty, plead no contest, or are found guilty after trial and will never be sentenced unless and until one of those dispositions occurs.


What factors might impact my sentence if convicted of DUI in Rhode Island?

  • If you have a history of alcohol related offenses on your criminal record (in Rhode Island or any other state)

  • If you have an extensive criminal record (even if not alcohol related)

  • If a motor vehicle accident was involved

  • If anyone was injured as a result of the accident

  • If children were in the vehicle

  • Your documented conduct toward police (i.e., some judges and magistrates impose harsher penalties, such as extra community service hours, for disrespect toward law enforcement at the time of arrest)

  • Other facts and circumstances specific to your case


What is Rhode Island’s “lookback” period?

Rhode Island has a 5-year lookback period (with the exception of certain Third or Subsequent Offense DUI Convictions, where a 10-year lookback period applies). In other words, if you have a DUI conviction that is more than 5 years old, a current DUI charge will be treated as a First Offense. However, if you have a DUI conviction that is less than 5 years old, a current DUI charge will be treated as a Second Offense (or subsequent offense depending on how many DUI convictions you have acquired during the last 5 years).


What are the penalties for a First Offense DUI in Rhode Island?

First Offense DUI penalties are significant to include, but not limited to, a mandatory license suspension, up to one year of jail time, high fines, community service, and participation in DUI classes or substance abuse treatment.


First Offense: BAC Unknown

  • < 1 Year Jail

  • 30-180 Day License Suspension

  • Fine and Costs (approximately $940)

  • 10-60 Hours Community Service

  • DUI Education Program ($350) or Substance Abuse Treatment


First Offense: BAC Between 0.08 and 0.10

  • < 1 Year Jail

  • 30-180 Day License Suspension

  • Fine and Costs (approximately $940)

  • 10-60 Hours Community Service

  • DUI Education Program ($350) or Substance Abuse Treatment


First Offense: BAC Between 0.10 and 0.15

  • < 1 Year Jail

  • 3-12 Month License Suspension

  • Fine and Costs (approximately $940)

  • 10-60 Hours Community Service

  • DUI Education Program ($350) or Substance Abuse Treatment


First Offense: 0.15 and Above

  • < 1 Year Jail

  • 3-18 Month License Suspension

  • Fines and Costs (approximately $1,240)

  • 20-60 Hours Community Service

  • DUI Education Program ($350) or Substance Abuse Treatment


First Offense: Blood Test Results Indicating Drug Impairment

  • < 1 Year Jail

  • 3-18 Month License Suspension

  • Fine and Costs (approximately $1,240)

  • 20-60 Hours Community Service

  • DUI Education Program ($350) or Substance Abuse Treatment


What are the penalties for a Second Offense DUI in Rhode Island?

Second Offense DUI penalties are much more severe to include, but not limited to mandatory jail time, a mandatory license suspension, high fines, and substance abuse treatment.


Second Offense: BAC Unknown

  • Mandatory 10 Days in Jail

  • < 1 Year Jail (total)

  • 1-2 Year License Suspension

  • Fine and Costs (approximately $1,140)

  • Substance Abuse Treatment


Second Offense: BAC Between 0.08 and 0.15

  • Mandatory 10 Days in Jail

  • < 1 Year Jail (total)

  • 1-2 Year License Suspension

  • Fine and Costs (approximately $1,140)

  • Substance Abuse Treatment


Second Offense: 0.15 and Above

  • Mandatory 6 Months in Jail

  • < 1 Year Jail (total)

  • Mandatory 2 Year License Suspension

  • Fines and Costs (approximately $1,740)

  • Substance Abuse Treatment


Second Offense: Blood Test Results Indicating Drug Impairment

  • Mandatory 6 Months in Jail

  • < 1 Year Jail (total)

  • Mandatory 2 Year License Suspension

  • Fines and Costs (approximately $1,740)

  • Substance Abuse Treatment


What are the penalties for a Third or Subsequent Offense DUI in Rhode Island?

Third or Subsequent Offense DUI penalties are most severe because the crime itself is categorized as a felony (unlike First or Second Offense DUIs, which are misdemeanors) to include, but not limited to, significant mandatory jail time, a mandatory license suspension or revocation of your driver’s license, high fines, and substance abuse treatment.



Third or Subsequent Offense: BAC Unknown

  • Mandatory 1 Year in Jail

  • < 3 Years Jail (total)

  • 2-3 Year License Suspension

  • Fine and Costs (approximately $1,140)

  • Substance Abuse Treatment


Third or Subsequent: BAC Between 0.08 and 0.15

  • Mandatory 1 Year in Jail

  • < 3 Years Jail (total)

  • 2-3 Year License Suspension

  • Fine and Costs (approximately $1,140)

  • Substance Abuse Treatment


Third or Subsequent Offense: 0.15 and Above

  • Mandatory 3 Years in Jail

  • < 5 Years Jail (total)

  • Mandatory 3 Year License Suspension

  • Fines and Costs (approximately $1,740 - $5,740)

  • Substance Abuse Treatment


Third or Subsequent Offense: Blood Test Results Indicating Drug Impairment

  • Mandatory 3 Years in Jail

  • < 5 Years Jail (total)

  • Mandatory 3 Year License Suspension

  • Fines and Costs (approximately $1,740 - $5,740)

  • Substance Abuse Treatment


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