For commercial vehicle drivers and minors (persons under the age of 21) in Rhode Island, the DUI laws are slightly different. Commercial vehicle operators may get charged with DUI if they have a BAC level of .04 percent or above and minors may get charged with DUI if they have a BAC level of .02 percent and above and are in operation of a motor vehicle.
DUIs can be incurred in two ways: by either exceeding the BAC limit or by showing visible signs of intoxication. If the motorist is arrested because of the BAC limit alone, they don’t even need to show signs of intoxication. BAC level at or above .08 percent for drivers over the age of 21 is sufficient proof of intoxication. If the motorist was arrested due to physical signs of intoxication, the arresting officer must prove that the driver either failed a field sobriety test, had bloodshot or water eyes, had slurred speech or any other convincing factor of intoxication.
Rhode Island DUI Penalties
The penalties for DUI convictions vary with the BAC level of the motorist in question as well as if the motorist had any previous DUI convictions. Motorists tried and convicted of DUI in Rhode Island are subject to incur any of the following punishments:
1st DUI Conviction
• Misdemeanor
• Imprisonment up to 1 year and/or community service from 10-60 hours
• Fines
o BAC up to .08 percent – $100-$300
o BAC up to .15 percent – $100-$400
o BAC above .15 percent – $500
• General Highway Assessment Fine – $500
• Driver’s license suspension
o BAC up to .08 percent – 30-180 days
o BAC up to .15 percent – 3-12 months
o BAC above .15 percent – 3-18 months
• Must attend a special DUI Course
2nd DUI Conviction (if within 5 years of previous)
• Misdemeanor
• Imprisonment
o BAC below .15 percent – 10 days-1 year
o BAC above .15 percent – 6 months-1 year
• Fines
o BAC below .15 percent – $400
o BAC above .15 percent – $1,000
• General Highway Assessment Fine – $500
• Driver’s license suspension
o BAC below .15 percent – 1-2 years
o BAC above .15 percent – 2 years
• Must attend an alcohol/drug treatment program
• Must install ignition interlock device from 1-2 years following sentence
3rd DUI Conviction (if within 5 years of previous)
• Felony
• Imprisonment 1-3 years
• Fines from $1,000-$5,000
• General Highway Assessment Fine – $500
• Driver’s license suspension 2-3 years
• Must attend an alcohol/drug treatment program
• Must obtain SR22 Form
• Must install an ignition interlock device for 2 years following sentence
• Vehicle may be seized
Implied Consent Law in Rhode Island
The implied consent law in Rhode Island states that any motorist driving on state roads must submit to chemical testing to determine intoxication. The chemical test may check the motorist’s breath, blood, and/or urine. Any driver who refuses to take the test will have their license suspended for 90 days. Other penalties, such as fines, community service, or a DUI program may also be incurred. In addition, the motorist who refuses testing may still be convicted of DUI if the arresting officer can prove beyond a reasonable doubt that the motorist was intoxicated at the time of testing refusal.
Contesting Rhode Island DUI Charges
A DWI conviction in Rhode Island can impact a motorist’s life forever. If you have been charged with DUI, it’s not too late to contest your charges in court. Seek the help of an elite DUI lawyer in Rhode Island to fight for your rights and secure the best possible outcome for your case.
Rhode Island DUI attorneys know just how easy it is to get charged with driving under the influence, so they will work tirelessly to uncover any evidence pertaining to your case that can prove your innocence. If your arresting officer used an improperly calibrated breathalyzer device or arrested you on insufficient suspicion of intoxication, rest assured that your Rhode Island DUI lawyer will not rest until your charges are either significantly reduced or completely dropped.
Contact the offices of a leading team of DWI attorneys in Rhode Island today to get started on your case.
