Rhode Island DUI Laws

Updated June 2026 by Matthew T. Marin, Esq. (NCDD member, Super Lawyers 2014+, landmark wins in State v. Corcoran (2022)) and Stefanie A. Murphy, Esq. (lead author of A Practical Guide to Trying DUI Cases in RI, 2nd Ed., RI Police Academy lecturer on DUI defense).

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Rhode Island DUI Law – § 31-27-2: Driving Under the Influence of Liquor or Drugs

What Constitutes a DUI in Rhode Island?

Under § 31-27-2(a), it is illegal to drive or operate any vehicle in Rhode Island while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21 — or any combination of these. The offense is generally classified as a misdemeanor, except for third or subsequent offenses within five years, which are charged as a felony.

How Is a DUI Proven?

Under § 31-27-2(b), a person whose blood alcohol concentration (BAC) is .08% or higher by weight — as shown by a chemical analysis of blood, breath, or urine — is guilty of DUI. However, a BAC reading is not the only path to conviction. The prosecution may also prove guilt based on evidence that the person was impaired to a degree that rendered them incapable of safely operating a vehicle.

Being legally entitled to use alcohol or a prescribed drug is not a valid defense.

Additionally, under § 31-27-2(b)(2), anyone who drives with any detectable blood presence of a scheduled controlled substance — as shown by blood or urine analysis — is guilty of a misdemeanor and subject to the same penalties.

DUI Penalties by Offense – § 31-27-2(d)

First Offense DUI Penalties

BAC .08% to less than .10% (or controlled substance presence)

• Fine: $100 – $300
• Jail: Up to 1 year
• Community Service: 10 – 60 hours
• License Suspension: 30 – 180 days
• Additional: May be required to attend a DUI education course

BAC .10% to less than .15% (or BAC unknown)

• Fine: $100 – $400
• Jail: Up to 1 year
• Community Service: 10 – 60 hours
• License Suspension: 3 – 12 months
• Additional: DUI course and/or alcohol or drug treatment required

BAC .15% or higher (or drug/controlled substance impairment)

• Fine: $500
• Jail: Up to 1 year
• Community Service: 20 – 60 hours
• License Suspension: 3 – 18 months
• Additional: DUI course and/or alcohol or drug treatment required

Second Offense DUI Penalties (Within 5 Years)

This applies regardless of whether the prior conviction was under this statute or under the DUI statute of any other state.

BAC .08% to less than .15% (or BAC unknown, or controlled substance presence)

• Fine: Mandatory $400
• Jail: Mandatory 10 days – 1 year (minimum 48 hours served consecutively)
• License Suspension: 1 – 2 years
• Additional: Alcohol or drug treatment required; ignition interlock device may be ordered for 1–2 years following completion of sentence (per § 31-27-2.8)

BAC .15% or higher (or drug/controlled substance impairment)

• Fine: Mandatory $1,000 minimum
• Jail: Mandatory 6 months – 1 year
• License Suspension: Mandatory 2 years from completion of sentence

Third or Subsequent Offense DUI Penalties (Within 5 Years) — FELONY

This applies regardless of whether any prior conviction was under this statute or under the DUI statute of any other state.

BAC .08% to less than .15% (or BAC unknown, or controlled substance presence)

• Fine: Mandatory $400
• Jail: Mandatory 1 – 3 years (minimum 48 hours served consecutively)
• License Suspension: 2 – 3 years
• Additional: Alcohol or drug treatment required; ignition interlock device may be ordered for 2 years following completion of sentence (per § 31-27-2.8); vehicle may be seized and sold by the state

BAC .15% or higher (or drug/controlled substance impairment)

• Fine: Mandatory $1,000 – $5,000
• Jail: Mandatory 3 – 5 years
• License Suspension: Mandatory 3 years from completion of sentence
• Additional: Vehicle may be seized and sold by the state

Underage DUI Penalties (Under 18)

First Offense

• Community Service: 10 – 60 hours
• License Suspension: 6 months (up to 18 months)
• Additional: DUI education course and alcohol/drug treatment required; highway assessment fine of up to $500

Second or Subsequent Offense

• License Suspension: Mandatory until age 21
• Additional: May be sentenced to RI Training School for up to 1 year; fine of up to $500

Additional Penalties and Assessments

Highway Assessment Fine

Every person convicted under this section must pay a $500 highway assessment fine, deposited into the general fund. This assessment is collected before any other fines.

Child Passenger Enhancement

Any person over 18 convicted of DUI while a child under the age of 13 was a passenger in the vehicle may be sentenced to up to 1 additional year of imprisonment. This sentence cannot be suspended or deferred.

DUI Education Course

The court may order attendance at a special DUI course administered in cooperation with an accredited college or university. The course includes a tuition of at least $25 and a fee of $175 deposited into the general fund. The course must accommodate any language barriers.

Clinical Assessment and Treatment Referral

A convicted person may undergo a clinical assessment at a facility approved by the Department of Health. If alcohol, drug abuse, or associated psychological problems are identified, the person shall be referred to the T.A.S.C. (Treatment Alternatives to Street Crime) program for treatment placement, case management, and monitoring.

Non-Suspendable Penalties

No fines, license suspensions, assessments, treatment programs, DUI courses, community service, or jail time imposed under this section may be suspended.

Chemical Test Evidence Requirements – § 31-27-2(c)

For BAC or chemical test results to be admissible as evidence in a DUI prosecution, the following conditions must all be met:

1. Consent: The defendant must have consented to the test. Evidence of refusal is not admissible unless the defendant elects to testify.
2. Timely Report (Breath Test): A true copy of the test result must be mailed to the person within 72 hours of the breath test.
3. Timely Report (Blood/Urine): A true copy of the test result must be mailed to the person within 30 days of the test.
4. Approved Methods and Equipment: The test must be performed using methods and equipment approved by the Rhode Island Director of Health, and administered by an authorized individual.
5. Equipment Calibration: Breath analysis equipment must have been tested for accuracy within 30 days preceding the test. Breathalyzer operators must be qualified and certified by the Department of Health within 365 days of the test.
6. Right to Additional Test: The arrested person must be informed of their right to an additional independent chemical test and given a reasonable opportunity to exercise that right. This must be noted in official police records. If the person is denied an additional test, the original test report is rendered inadmissible.

Note: Any test of blood, breath, or urine that relies in whole or in part on infrared light absorption is considered a chemical test under this section. Percent by weight of alcohol in the blood is based on milligrams of alcohol per 100 cubic centimeters of blood.

Court Jurisdiction and Trial Scheduling – § 31-27-2(h)

• District Court has jurisdiction over misdemeanor DUI cases for persons 18 years of age or older.
• Family Court has jurisdiction for offenders under the age of 18.
• Both courts have full authority to impose sentences and order license suspensions.
• All trials in District Court and Family Court must be scheduled within 30 days of arraignment.
• Continuances are granted only for good cause and for the shortest practicable time.
• Trials in Superior Court (felony cases) are not subject to the 30-day scheduling requirement.

Alcohol and Drug Safety Action Program – § 31-27-2(f)

An alcohol and drug safety unit is established within the Division of Motor Vehicles to administer an alcohol safety action program. The program provides placement and follow-up for persons required to pay the highway safety assessment.

Persons convicted under this chapter must attend a DUI course and/or participate in an alcohol or drug treatment program. Failure to complete the required course or treatment may result in the person being brought before the court and sentenced to jail for up to one year.

The program is funded by general revenue appropriations.

Severability – § 31-27-2(l)

If any provision of this section is judged invalid, the judgment shall not affect or invalidate the remainder of the section. The effect is confined to the specific provision involved in the controversy.