DWI/DUI - Drunk Driving Laws And Attorneys In Rhode Island
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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RHODE ISLAND DRIVING UNDER THE INFLUENCE (DUI)
LAW
The current BAC level set by law in Rhode Island is different for different
ages:
a) Any person of any age with a BAC of .08% is intoxicated and will be
charged with drunk driving - Driving while intoxicated (DWI).
b) Any person under the age of twenty-one (21) with a BAC of .02% but
less than .08% is impaired and will be charged with impaired driving -
Driving under the influence (DUI).
Refusal to Take the Breathalyzer Test: If you refuse to take a chemical
test in Rhode Island, your license will be suspended for a minimum of
six months. You are also subject to a fine, a highway safety
assessment, public community service, and drunk driving school and /
or referral to an alcohol treatment program.
Penalties, Fines And Jail Sentences In Rhode Island
Chemical Test Refusal:
1st Violation ( Under 18 Of Age )
a) 6 month license suspension
b) $200 - $500 fine
c) $500 highway safety assessment
d) 10 – 60 hours of community service
e) $200 department of health chemical testing program
assessment
f) Special course on driving while intoxicated and/or
alcohol/drug treatment
2nd Violation within a 5 year period ( Under 18 Of Age )
a) Up to 6 months of incarceration
b) License suspension until age 21
c) $600 - $1,000 fine
d) $500 highway safety assessment
e) $200 department of health chemical testing program
assessment
f) 60 – 100 hours of community service
g) Alcohol/drug treatment
3rd or subsequent violation within a 5 year period ( Under 18 Of Age )
a) Up to 1 year of incarceration
b) 2 – 5 year license suspension
c) $800 - $1,000 fine
d) $500 highway safety assessment
e) $200 department of health chemical testing program
assessment
f) 100 hours or more of community service
g) Alcohol/drug treatment
1st violation ( Adults)
a) 6 month – 1 year license suspension
b) $200 - $500 fine
c) $500 highway safety assessment
d) 10 – 60 hours of community service
e) $200 department of health chemical testing program
assessment
f) Special course on driving while intoxicated and/or
alcohol/drug treatment
2nd violation (within a 5 year period) – Misdemeanor - Adults
a) Up to 6 months in prison
b) 1 – 2 year license suspension
c) $600 - $1,000 fine
d) $500 highway safety assessment
e) $200 department of health chemical testing program
assessment
f) 60 – 100 hours of community service
g) Alcohol/drug treatment
3rd or subsequent violation (within a 5 year period) – Misdemeanor -
Adults
Up to 1 year in prison
a) 2 – 5 year license suspension
b) $800 - $1,000 fine
c) $500 highway safety assessment
d) $200 department of health chemical testing program
assessment
e) 100 hours or more of community service
f) Alcohol/drug treatment
Driving While Impaired - BAC 0.02% - 0.1%:
1st Violation ( Under 18 Of Age )
a) 6 – 12 month license suspension
b) $150 highway safety assessment or community
restitution
c) Special course on driving while intoxicated
d) Alcohol/drug treatment
2nd Violation ( Under 18 Of Age)
a) License suspension until age 21
b) $150 highway safety assessment or community
restitution
c) Special course on driving while intoxicated
d) Alcohol/drug treatment
3rd or Subsequent Violation ( Under 18 Of Age )
a) Additional 2 year license suspension
b) $150 highway safety assessment or community
restitution
c) Special course on driving while intoxicated
d) Alcohol/drug treatment
1st violation ( 18 - under 21 )
a) 1 - 3 month license suspension
b) $250 fine
c) 30 hours of community service
d) Special course on driving while intoxicated
e) Alcohol/drug treatment
2nd violation ( 18 - under 21 )
a) 3 – 6 month license suspension
b) $250 fine
c) $300 highway safety assessment
d) 60 hours of community service
e) Special course on driving while intoxicated
f) Alcohol/drug treatment
Driving under the influence - BAC: 0.08% or above:
1st Violation ( Under 18 Of Age )
a) 6 – 18 month license suspension
b) $500 highway safety assessment
c) 10 – 60 hours of community service
d) Special course on driving while intoxicated
e) Alcohol/drug education and/or treatment
2nd or subsequent violation ( Under 18 Of Age )
a) Up to 1 year of incarceration and/or $500 fine
b) License suspension until age 21
c) Special course on driving while intoxicated
d) Alcohol/drug treatment
1st violation – Misdemeanor - .08 -.10 BAC ( Over 21 Of Age )
a) Up to 1 year in prison
b) 30 – 180 day license suspension
c) $100 - $300 fine
d) $500 highway safety assessment
e) $86 fee
f) 10 – 60 hours of community service
g) Special course on driving while intoxicated and/or
alcohol/drug treatment
BAC: 0.1% - 0.15% (or unknown) 21 And Over:
1st violation – Misdemeanor
a) Up to 1 year in prison
b) 3 – 12 month license suspension
c) $100 - $400 fine
d) $500 highway safety assessment
e) $86 fee
f) 10 – 60 hours of community service
g) Special course on driving while intoxicated and/or
alcohol/drug treatment
BAC: 0.15% or above - 21 And Over:
1st violation – Misdemeanor
a) Up to 1 year in prison
b) 3 – 18 month license suspension
c) $500 fine
d) $500 highway safety assessment
e) $86 fee
f) 20 – 60 hours of community service
g) Special course on driving while intoxicated and/or
alcohol/drug treatment
BAC: 0.08% - 0.15% (or unknown) - 21 And Over:
2nd violation (within a 5 year period) – Misdemeanor
a) 10 days – 1 year in prison
b) 1 – 2 year license suspension
c) Use of ignition interlock system for 1 – 2 years
following the completion of the sentence
d) $400 fine
e) $500 highway safety assessment
f) $86 fee
g) Alcohol/drug treatment
BAC: 0.15% or above - 21 And Over:
2nd violation (within a 5 year period) – Misdemeanor
a) 6 months – 1 year in prison
b) 2 year license suspension
c) $500 highway safety assessment
d) $86 fee
e) $1,000 fine
f) Alcohol/drug treatment
BAC: 0.08% - 0.15% (or unknown) - 21 And Over:
3rd or subsequent violation (within a 5 year period) – Felony
a) 1 – 3 years in prison
b) 2 – 3 year license suspension
c) Use of ignition interlock system for 2 years following
the completion of the sentence
d) $400 fine
e) $500 highway safety assessment
f) $86 fee
g) Alcohol/drug treatment
h) Seizure of the vehicle by the state
BAC: 0.15% or above - 21 And Over:
3rd or subsequent violation (within a 5 year period) – Felony
a) 3 – 5 years in prison
b) 3 year license suspension following the completion of
the sentence
c) $1,000 - $5,000 fine
d) $500 highway safety assessment
e) $86 fee
f) Alcohol/drug treatment
g) Seizure of the vehicle by the state
Driving under the influence Serious bodily injury resulting:
1st violation – Felony
a) 1 – 10 years in prison
b) $1,000 - $5,000 fine
c) Up to 2 year license revocation
d) Alcohol/drug treatment
2nd violation (within a 5 year period) – Felony
a) 2 – 15 years in prison
b) Up to 4 year license revocation
c) $3,000 - $10,000 fine
d) Alcohol/drug treatment
Driving under the influence Death Resulting:
1st violation – Felony
a) 5 – 15 years in prison
b) 5 year license revocation
c) $5,000 - $10,000 fine
d) Alcohol/drug treatment
2nd or subsequent violation (within 5 years) – Felony
a) 10 – 20 years in prison
b) 5 year license revocation
c) $10,000 - $20,000 fine
d) Alcohol/drug treatment
Commercial Drivers (CDL) In Rhode Island
It is illegal to operate a CMV if your blood alcohol concentration (BAC) is .
04% or more in Rhode Island. If you operate a CMV, you shall be
deemed to have given your consent to alcohol testing. You will lose your
CDL for at least one year for a first offense for: Driving a CMV if your
blood alcohol concentration is .04% or higher. Driving a CMV under the
influence of alcohol. Refusing to undergo blood alcohol testing. Driving
a CMV while under the influence of a controlled substance. Leaving the
scene of an accident involving a CMV. Committing a felony involving the
use of a CMV. You will lose your CDL for at least three years if the
offense occurs while you are operating a CMV that is placarded for
hazardous materials. You will lose your CDL for life for a second
offense. You will lose your CDL for life if you use a CMV to commit a
felony involving controlled substances. You will be put out-of-service for
24 hours if you have any detectable amount of alcohol under .04%.
Find DWI/DUI Lawyers And Attorneys In Rhode Island
LAW
The current BAC level set by law in Rhode Island is different for different
ages:
a) Any person of any age with a BAC of .08% is intoxicated and will be
charged with drunk driving - Driving while intoxicated (DWI).
b) Any person under the age of twenty-one (21) with a BAC of .02% but
less than .08% is impaired and will be charged with impaired driving -
Driving under the influence (DUI).
Refusal to Take the Breathalyzer Test: If you refuse to take a chemical
test in Rhode Island, your license will be suspended for a minimum of
six months. You are also subject to a fine, a highway safety
assessment, public community service, and drunk driving school and /
or referral to an alcohol treatment program.
Penalties, Fines And Jail Sentences In Rhode Island
Chemical Test Refusal:
1st Violation ( Under 18 Of Age )
a) 6 month license suspension
b) $200 - $500 fine
c) $500 highway safety assessment
d) 10 – 60 hours of community service
e) $200 department of health chemical testing program
assessment
f) Special course on driving while intoxicated and/or
alcohol/drug treatment
2nd Violation within a 5 year period ( Under 18 Of Age )
a) Up to 6 months of incarceration
b) License suspension until age 21
c) $600 - $1,000 fine
d) $500 highway safety assessment
e) $200 department of health chemical testing program
assessment
f) 60 – 100 hours of community service
g) Alcohol/drug treatment
3rd or subsequent violation within a 5 year period ( Under 18 Of Age )
a) Up to 1 year of incarceration
b) 2 – 5 year license suspension
c) $800 - $1,000 fine
d) $500 highway safety assessment
e) $200 department of health chemical testing program
assessment
f) 100 hours or more of community service
g) Alcohol/drug treatment
1st violation ( Adults)
a) 6 month – 1 year license suspension
b) $200 - $500 fine
c) $500 highway safety assessment
d) 10 – 60 hours of community service
e) $200 department of health chemical testing program
assessment
f) Special course on driving while intoxicated and/or
alcohol/drug treatment
2nd violation (within a 5 year period) – Misdemeanor - Adults
a) Up to 6 months in prison
b) 1 – 2 year license suspension
c) $600 - $1,000 fine
d) $500 highway safety assessment
e) $200 department of health chemical testing program
assessment
f) 60 – 100 hours of community service
g) Alcohol/drug treatment
3rd or subsequent violation (within a 5 year period) – Misdemeanor -
Adults
Up to 1 year in prison
a) 2 – 5 year license suspension
b) $800 - $1,000 fine
c) $500 highway safety assessment
d) $200 department of health chemical testing program
assessment
e) 100 hours or more of community service
f) Alcohol/drug treatment
Driving While Impaired - BAC 0.02% - 0.1%:
1st Violation ( Under 18 Of Age )
a) 6 – 12 month license suspension
b) $150 highway safety assessment or community
restitution
c) Special course on driving while intoxicated
d) Alcohol/drug treatment
2nd Violation ( Under 18 Of Age)
a) License suspension until age 21
b) $150 highway safety assessment or community
restitution
c) Special course on driving while intoxicated
d) Alcohol/drug treatment
3rd or Subsequent Violation ( Under 18 Of Age )
a) Additional 2 year license suspension
b) $150 highway safety assessment or community
restitution
c) Special course on driving while intoxicated
d) Alcohol/drug treatment
1st violation ( 18 - under 21 )
a) 1 - 3 month license suspension
b) $250 fine
c) 30 hours of community service
d) Special course on driving while intoxicated
e) Alcohol/drug treatment
2nd violation ( 18 - under 21 )
a) 3 – 6 month license suspension
b) $250 fine
c) $300 highway safety assessment
d) 60 hours of community service
e) Special course on driving while intoxicated
f) Alcohol/drug treatment
Driving under the influence - BAC: 0.08% or above:
1st Violation ( Under 18 Of Age )
a) 6 – 18 month license suspension
b) $500 highway safety assessment
c) 10 – 60 hours of community service
d) Special course on driving while intoxicated
e) Alcohol/drug education and/or treatment
2nd or subsequent violation ( Under 18 Of Age )
a) Up to 1 year of incarceration and/or $500 fine
b) License suspension until age 21
c) Special course on driving while intoxicated
d) Alcohol/drug treatment
1st violation – Misdemeanor - .08 -.10 BAC ( Over 21 Of Age )
a) Up to 1 year in prison
b) 30 – 180 day license suspension
c) $100 - $300 fine
d) $500 highway safety assessment
e) $86 fee
f) 10 – 60 hours of community service
g) Special course on driving while intoxicated and/or
alcohol/drug treatment
BAC: 0.1% - 0.15% (or unknown) 21 And Over:
1st violation – Misdemeanor
a) Up to 1 year in prison
b) 3 – 12 month license suspension
c) $100 - $400 fine
d) $500 highway safety assessment
e) $86 fee
f) 10 – 60 hours of community service
g) Special course on driving while intoxicated and/or
alcohol/drug treatment
BAC: 0.15% or above - 21 And Over:
1st violation – Misdemeanor
a) Up to 1 year in prison
b) 3 – 18 month license suspension
c) $500 fine
d) $500 highway safety assessment
e) $86 fee
f) 20 – 60 hours of community service
g) Special course on driving while intoxicated and/or
alcohol/drug treatment
BAC: 0.08% - 0.15% (or unknown) - 21 And Over:
2nd violation (within a 5 year period) – Misdemeanor
a) 10 days – 1 year in prison
b) 1 – 2 year license suspension
c) Use of ignition interlock system for 1 – 2 years
following the completion of the sentence
d) $400 fine
e) $500 highway safety assessment
f) $86 fee
g) Alcohol/drug treatment
BAC: 0.15% or above - 21 And Over:
2nd violation (within a 5 year period) – Misdemeanor
a) 6 months – 1 year in prison
b) 2 year license suspension
c) $500 highway safety assessment
d) $86 fee
e) $1,000 fine
f) Alcohol/drug treatment
BAC: 0.08% - 0.15% (or unknown) - 21 And Over:
3rd or subsequent violation (within a 5 year period) – Felony
a) 1 – 3 years in prison
b) 2 – 3 year license suspension
c) Use of ignition interlock system for 2 years following
the completion of the sentence
d) $400 fine
e) $500 highway safety assessment
f) $86 fee
g) Alcohol/drug treatment
h) Seizure of the vehicle by the state
BAC: 0.15% or above - 21 And Over:
3rd or subsequent violation (within a 5 year period) – Felony
a) 3 – 5 years in prison
b) 3 year license suspension following the completion of
the sentence
c) $1,000 - $5,000 fine
d) $500 highway safety assessment
e) $86 fee
f) Alcohol/drug treatment
g) Seizure of the vehicle by the state
Driving under the influence Serious bodily injury resulting:
1st violation – Felony
a) 1 – 10 years in prison
b) $1,000 - $5,000 fine
c) Up to 2 year license revocation
d) Alcohol/drug treatment
2nd violation (within a 5 year period) – Felony
a) 2 – 15 years in prison
b) Up to 4 year license revocation
c) $3,000 - $10,000 fine
d) Alcohol/drug treatment
Driving under the influence Death Resulting:
1st violation – Felony
a) 5 – 15 years in prison
b) 5 year license revocation
c) $5,000 - $10,000 fine
d) Alcohol/drug treatment
2nd or subsequent violation (within 5 years) – Felony
a) 10 – 20 years in prison
b) 5 year license revocation
c) $10,000 - $20,000 fine
d) Alcohol/drug treatment
Commercial Drivers (CDL) In Rhode Island
It is illegal to operate a CMV if your blood alcohol concentration (BAC) is .
04% or more in Rhode Island. If you operate a CMV, you shall be
deemed to have given your consent to alcohol testing. You will lose your
CDL for at least one year for a first offense for: Driving a CMV if your
blood alcohol concentration is .04% or higher. Driving a CMV under the
influence of alcohol. Refusing to undergo blood alcohol testing. Driving
a CMV while under the influence of a controlled substance. Leaving the
scene of an accident involving a CMV. Committing a felony involving the
use of a CMV. You will lose your CDL for at least three years if the
offense occurs while you are operating a CMV that is placarded for
hazardous materials. You will lose your CDL for life for a second
offense. You will lose your CDL for life if you use a CMV to commit a
felony involving controlled substances. You will be put out-of-service for
24 hours if you have any detectable amount of alcohol under .04%.
Find DWI/DUI Lawyers And Attorneys In Rhode Island
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