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RHODE ISLAND CRIMINAL DEFENSE BLOG

What is the legal alcohol limit in Rhode Island in 2017?

Posted by Matthew Marin | Aug 17, 2017 | 0 Comments

For individuals over the age of 21, the legal blood alcohol limit in Rhode Island in 2017 is 0.08%. Above this limit, you are deemed by law to be driving under the influence in the State of Rhode Island.

 There are some exceptions to the 0.08% limit:

  1. For drivers under the legal drinking age of 21, the legal limit in Rhode Island is 0.02%.
  2. For drivers holding a commercial drivers license (CDL License), the limit is lower at only 0.04%.
  3. If your blood alcohol content is in excess of 0.15%, you are subject to increased DUI penalties upon conviction which can include probation and suspended jail time, extended loss of license, and significantly higher fines.
  4. If you are on probation, it is possible for the State to pursue a probation violation based on impaired driving with a blood alcohol content below the legal limit of 0.08%.

However, even if the Police do not know your precise blood alcohol content you can still potentially be convicted of driving under the influence of alcohol. This is because the Rhode Island DUI law permits proof of driving under the influence of alcohol two ways:

  1. By proof of a blood alcohol content in excess of 0.08% by way of a chemical breath test or a blood draw or
  2. By proof by way of observations evidence showing that the Motorist was impaired to a degree that rendered him incapable of safely operating a motor vehicle.

 The first way requires proof of an elevated blood alcohol level. The second way, which is typically utilized when the Motorist refuses to submit to a chemical test, is more subjective and will usually be based on the testimony of the arresting police officer.

When facing any allegation of drunk driving, your best bet is to have an experienced DUI attorney on your side. Attorney Matthew Marin has nearly a decade of DUI defense experience in every court in the State of Rhode Island. Contact us today to schedule a no obligation DUI defense strategy session to hear how he can help you. He is available 24/7 at 401-228-8271 or via email at [email protected]

About the Author

Matthew Marin

My name is Attorney Matthew Marin. I have dedicated my career to defending those charged with criminal offenses throughout Rhode Island. If you have been arrested or are under investigation for a criminal offense, we understand that are likely in an unfamiliar situation that can be extremely intimidating and even paralyzing. You may feel as if you do not know where to turn or who to ask for help. Fortunately, you have come to the right place to begin your search for answers and a successful resolution to your situation. We have extensive experience assisting thousands of clients facing drunk driving charges, domestic violence charges, and drug charges throughout Rhode Island.

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Attorney Marin Named A Super Lawyers Rising Star Four Consecutive Years 2014-2017

Attorney Matthew Marin was named a Rhode Island Rising Star by Super Lawyers for 4 consecutive years from 2014 thru 2017. Each year, no more than 2.5 percent of the lawyers in Rhode Island are selected by the Research Team at Super Lawyers to receive this honor. Super Lawyers selects lawyers who have attained a high degree of peer recognition and professional achievement in their practice area.


Rhode Island Member of the National College for DUI Defense

Attorney Marin is a Rhode Island General Member of the National College for DUI Defense. Members represent some of the most experienced and cutting edge DUI defense attorney's throughout the Country. Nationwide, DUI laws are extremely complex and constantly changing and the College facilitates the exchange of innovative defenses throughout the Country.