Rhode Island · DUI
Rhode Island DUI laws and penalties
Rhode Island's legal BAC limit is 0.08%. For a first offense, Rhode Island's statute provides jail of up to 1 year, a fine of $100 to $300, and a license suspension of 30 days to 180 days. The license hearing, the ignition interlock rule and the statute behind every figure are below.
Figures read from official pages on .
Rhode Island DUI laws at a glance
- Legal BAC limit
- 0.08%
- Standard US limit
- Enhanced penalty BAC
- 0.10%
- Where the penalties step up
- Zero tolerance (under 21)
- 0.02%
- Limit for drivers under 21
- Lookback period
- 10 years
- Prior DUI offenses that count
License hearing: no fixed request deadline
The court orders the suspension as part of the sentence. Only a test refusal goes to the traffic tribunal, which gives a hearing within 15 days of a written request; the statute sets no deadline for asking.Higher BAC level. First-offense penalties step up at 0.10 and again at 0.15 ($500 fine, 20-60 hours of community restitution, a 3-18 month suspension and a mandatory interlock).
Ignition interlock. The judge may impose one for a first violation under 0.10; mandatory at 0.15 or more and on a second violation.
01Penalties
Rhode Island DUI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | None | 10 days |
| Jail (maximum) | 1 year | 1 year |
| Fine (minimum) | $100 | $400 |
| Fine (maximum) | $300 | $400 |
| License suspension | 30 days to 180 days | 1 year to 2 years |
Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.
02Compare
How Rhode Island compares
Of the 49 states with a confirmed BAC limit, 48 (Rhode Island among them) use 0.08%; Utah has 0.05%.
On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Rhode Island leaves it to the judge.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Connecticut | 0.08% | 7 days | Required | 48 hours to 6 months | $500 to $1,000 | 45 days |
| Massachusetts | 0.08% | 15 days | In some cases | Up to 2.5 years | $500 to $5,000 | 1 year |
| Rhode Island (this page) | 0.08% | No fixed deadline | At the judge's discretion | Up to 1 year | $100 to $300 | 30 days to 180 days |
Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.
03The process
How a DUI case moves through the system in Rhode Island
Arrest and booking
Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
The court orders the suspension as part of the sentence. Only a test refusal goes to the traffic tribunal, which gives a hearing within 15 days of a written request; the statute sets no deadline for asking.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Rhode Island's statute provides jail of up to 1 year, a fine of $100 to $300, and a license suspension of 30 days to 180 days. See the penalties table above.
04Sources
Where Rhode Island's figures come from
- R.I. Gen. Laws § 31-27-2 (webserver.rilegislature.gov)Main statute · BAC limit, age 21 and over · Higher BAC level · Lookback period · Ignition interlock, first offense · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · First offense: license · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum · Second offense: license
- R.I. Gen. Laws § 31-27-2.7(a) (webserver.rilegislature.gov)BAC limit under 21
- R.I. Gen. Laws § 31-27-2.1(d) (webserver.rilegislature.gov)License hearing request
Show the exact words behind each figureHide the exact words
- Main statute
R.I. Gen. Laws § 31-27-2
R.I. Gen. Laws § 31-27-2
31-27-2. Driving under influence of liquor or drugs. (a) Whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor,
- BAC limit, age 21 and over
0.08%
R.I. Gen. Laws § 31-27-2(b)(1)
(b)(1) Any person charged under subsection (a), whose blood alcohol concentration is eight one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis of a blood, breath, or urine sample, shall be guilty of violating subsection (a).
- Higher BAC level
0.10%
R.I. Gen. Laws § 31-27-2(d)(1)(ii)-(iii)
(ii) Every person convicted of a first violation whose blood alcohol concentration is one-tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less than one hundred ($100) dollars, nor more than four hundred dollars ($400),
- BAC limit under 21
0.02%
R.I. Gen. Laws § 31-27-2.7(a)
blood alcohol concentration to be at least two-hundredths of one percent (.02%) but less than eight one hundredths of one percent (.08%) by weight.
- Lookback period
10 years
R.I. Gen. Laws § 31-27-2(d)(2)(i)
(2)(i) Every person convicted of a second violation within a ten-year (10) period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than fifteen hundredths of one percent (.15%),
- License hearing request
No fixed deadline
R.I. Gen. Laws § 31-27-2.1(d)
(d) Upon suspending or refusing to issue a license or permit as provided in subsection (a), the traffic tribunal or district court shall immediately notify the person involved in writing, and upon his or her request, within fifteen (15) days, afford the person an opportunity for a hearing as early as practical upon receipt of a request in writing.
- Ignition interlock, first offense
At the judge's discretion
R.I. Gen. Laws § 31-27-2(d)(1)(i)
The sentencing judge or magistrate may prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and urine testing
- First offense: jail, minimum
None
R.I. Gen. Laws § 31-27-2(d)(1)(i)
shall be required to perform ten (10) to sixty (60) hours of public community restitution, and/or shall be imprisoned for up to one year.
- First offense: jail, maximum
1 year
R.I. Gen. Laws § 31-27-2(d)(1)(i)
Same passage as above.
- First offense: fine, minimum
$100
R.I. Gen. Laws § 31-27-2(d)(1)(i)
for a first violation whose blood alcohol concentration is eight one-hundredths of one percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood presence of any scheduled controlled substance as defined in chapter 28 of title 21, shall be subject to a fine of not less than one hundred dollars ($100), nor more than three hundred dollars ($300);
- First offense: fine, maximum
$300
R.I. Gen. Laws § 31-27-2(d)(1)(i)
Same passage as above.
- First offense: license
30 days to 180 days
R.I. Gen. Laws § 31-27-2(d)(1)(i)
license shall be suspended for thirty (30) days up to one hundred eighty (180) days.
- Second offense: jail, minimum
10 days
R.I. Gen. Laws § 31-27-2(d)(2)(i)
driving license shall be suspended for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten (10) days, nor more than one year, in jail.
- Second offense: jail, maximum
1 year
R.I. Gen. Laws § 31-27-2(d)(2)(i)
Same passage as above.
- Second offense: fine, minimum
$400
R.I. Gen. Laws § 31-27-2(d)(2)(i)
shall be subject to a mandatory fine of four hundred dollars ($400).
- Second offense: fine, maximum
$400
R.I. Gen. Laws § 31-27-2(d)(2)(i)
Same passage as above.
- Second offense: license
1 year to 2 years
R.I. Gen. Laws § 31-27-2(d)(2)(i)
driving license shall be suspended for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten (10) days, nor more than one year, in jail.
05Related
Related pages
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.