Experienced Johnston DUI Lawyer

Rhode Island DUI Laws — What Applies in Johnston

DUI in Rhode Island is governed by RIGL § 31-27-2. You can be charged if your blood alcohol concentration (BAC) is 0.08% or higher — or if you are impaired by alcohol, drugs, or a combination, regardless of BAC. Under implied consent (RIGL § 31-27-2.1), driving on Rhode Island roads means you have already agreed to submit to chemical testing. Refusing a breath or blood test at a Johnston stop triggers an automatic license suspension and a separate refusal charge prosecuted at the Rhode Island Traffic Tribunal — a civil proceeding that runs parallel to, and independent of, your criminal DUI case.

Under Rhode Island’s 2026 updates, the DUI lookback period now extends to 10 years — meaning a conviction from 2016 can elevate a 2026 Johnston arrest to a second offense with mandatory minimum jail exposure. If you have a prior conviction, this timeline matters as much as the current facts. Drug-impaired DUI cases, including cannabis, are prosecuted actively across Providence County under current enforcement standards.

What Could Happen — Consequences of a Johnston DUI

A first-offense DUI conviction carries fines of $100–$400, up to one year incarceration (mandatory minimums apply depending on BAC), a 3–12 month license suspension, mandatory alcohol treatment, and — effective January 1, 2026 — an ignition interlock device (IID) requirement for all DUI convictions including first offenses. The total financial impact extends well beyond fines: court costs, program fees, IID installation and monitoring, and insurance rate increases can collectively reach several thousand dollars. A second offense within the 10-year lookback brings 10 days to 1 year mandatory jail, fines up to $1,000, and a 1–2 year suspension. For the complete penalty breakdown by tier and BAC level, see our Rhode Island DUI penalties and defense strategies guide.

Why Choose Marin & Murphy for Your Johnston DUI Defense

Attorney Stefanie A. Murphy is the Editor of A Practical Guide to Trying DUI Cases in Rhode Island (MCLE New England, 2nd Edition 2024) — the definitive manual used by prosecutors, defense attorneys, and judges throughout Rhode Island for DUI trial preparation. She also provided formal instruction to Rhode Island Municipal Police Academy recruits on DUI enforcement and defense, giving her direct knowledge of the procedures Johnston Police follow at every phase of a stop — and exactly where those procedures break down under constitutional scrutiny.

Attorney Matthew T. Marin’s work in State v. Zimmerman (2015) forced the Rhode Island Attorney General’s Office to revise its DUI Rights for Motorists form statewide — a suppression victory affecting hundreds of pending DUI defendants across Rhode Island, including Providence County cases. He litigated State v. Corcoran (R.I. 2022), which produced Supreme Court precedent on Miranda requirements in DUI stops, still applicable today. Both attorneys appear regularly at the Third Division.

DUI prosecutions are technically demanding. The state must prove strict compliance with constitutional, statutory, and regulatory requirements at every step — from the legality of the stop, to field sobriety test administration, to breath and blood test calibration and operation. When any step fails that standard, critical evidence can be suppressed. An experienced Johnston DUI lawyer can identify exactly where your case is vulnerable before you make any decisions.