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rhode_islandRhode Island State Law

Rhode Island DWI cases are unique, since there is no pre-trial administrative driver’s license suspension, as there is in many other states. The only driver’s license consequences are the ones imposed by the court. In Rhode Island, you can get a DWI (driving while intoxicated, also known as OUI, operating under the influence) if you drive with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether your driving ability was actually impaired. And the law in Rhode Island says that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details on the consequences of refusing to take a chemical test in Rhode Island and other details about Rhode Island DWI/OUI law.

License Revocation, Fines and Jail

BAC of 0.08% to less than 0.10% or Unknown BAC

  • First Offense – Misdemeanor: $100 to $300 fine +plus $500 highway assessment fine, up to 1 year in jail, 30 to 180 days license suspension, 10 to 60 hours of public community restitution, and possible attendance at driving while intoxicated course.
  • Second Offense – Misdemeanor: $400 fine plus $500 highway assessment fine, 10 days to 1 year in jail, 1 to 2 years license suspension, ignition interlock restriction may be required for 1 to 2 years and alcohol assessment and treatment as required.
  • Third Offense – Felony: $400 fine plus $500 highway assessment fine, 1 to 3 years in jail, 2 to 3 years license suspension, ignition interlock restriction may be required for 2 years, alcohol assessment and treatment as required, and possible vehicle forfeiture.

BAC of 0.10% to less than 0.15%

  • First Offense – Misdemeanor: $100 to $400 fine plus $500 highway assessment fine, up to 1 year in jail, 3 to 12 months license suspension, 10 to 60 hours of public community restitution, and possible attendance at driving while intoxicated course.
  • Second Offense – Misdemeanor: $400 fine plus $500 highway assessment fine, 10 days to 1 year in jail, 1 to 2 years license suspension, ignition interlock restriction may be required for 1 to 2 years and alcohol assessment and treatment as required.
  • Third Offense – Felony: $400 fine plus $500 highway assessment fine, 1 to 3 years in jail, 2 to 3 years license suspension, ignition interlock restriction may be required for 2 years, alcohol assessment and treatment as required, and possible vehicle forfeiture.

BAC of 0.15% or above

  • First Offense – Misdemeanor: $500 fine and $500 highway assessment fine, up to 1 year in jail, 3 to 18 months license suspension, 20 to 60 hours of public community restitution, and possible attendance at driving while intoxicated course.
  • Second Offense – Misdemeanor: minimum $1,000 fine plus $500 highway assessment fine, 6 months to 1 year in jail, 2 years license suspension, ignition interlock restriction may be required for 1 to 2 years and alcohol assessment and treatment as required.
  • Third Offense – Felony: $1,000 to $5,000 fine plus $500 highway assessment fine, 3 to 5 years in jail, 3 years license suspension, ignition interlock restriction may be required for 2 years, alcohol assessment and treatment as required, and possible vehicle forfeiture.