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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2026 Top Rated Rhode Island DUI Attorneys

The Marin & Murphy team of local defense lawyers have been repeatedly selected as one of the TOP three best Rhode Island DUI attorneys by Three Best Rated. Former DUI clients and peers have also consistently rated their lawyers one the best Rhode Island DUI attorneys. For ten years (’14-’23), Attorney Marin has been selected as by SuperLawyers as one of Rhode Island’s best criminal defense attorneys and his defense strategies (for DUI and Chemical Test Refusal violations) have been featured in the Providence Journal and Rhode Island Lawyer’s Weekly.

Am I going to Prison or Jail for my Rhode Island DUI charge?

Generally speaking, if you have no prior convictions for DUI and no one was injured by your operation of a motor vehicle during this arrest it is unlikely that you will be facing a jail sentence if convicted. However, in certain circumstances even first offense DUI charges can result in a jail sentence. A first offense DUI in Rhode Island is a misdemeanor criminal offense and carries up to one year in jail.

What factors impact Rhode Island DUI penalties?

A number of factors typically impact any sentence handed down on a Rhode Island DUI charge. These factors can commonly include:

• The facts of the case
• Any particular policies of the Judge or Prosecutor
• Any weaknesses uncovered by the Defense in the case
• The reputation of the DUI defense attorney

There are also a number of common aggravating factors which are typically identified by prosecutors for enhanced punishment and can often cause the prosecutors to recommend a sentence greater than the mandatory minimum. These aggravating factors include:

• Having prior DUI convictions (even if it is outside the 5 year period for a second offense)
• Having an exceptionally high blood alcohol content
• If the DUI charge was the result of a motor vehicle accident (even if a single car accident)
• If anyone was injured as a result of the vehicle’s operation
• Having a “bad” criminal record (even if not DUI related)
• Having a “bad” driving record including a high number of moving violations

What are the penalties for a Rhode Island DUI charge?

The penalties for Rhode Island DUI arrest and conviction include the following:

• Possible jail/prison sentence
• License Suspension
• Fines
• Community Service
• Attendance at a Safe Driving School
• Administrative Penalties Imposed by the DMV

The above-referenced Rhode Island DUI penalties are in the form of ranges. The ranges depend upon the level of your blood alcohol content (if you submitted to a chemical test) and whether or not you have a prior conviction.

First Offense DUI Penalties in Rhode Island

If you are arrested and charged with a first offense DUI in Rhode Island, you are potentially facing the following penalties if convicted. It is not a foregone conclusion that if you are arrested for a DUI that you will be convicted and will receive the penalties listed below. These penalties are listed so that you know what you are potentially facing.

First Offense DUI – BAC Between 0.08 and 0.10

• Up to One Year in Jail
• License Suspension of 30 to 180 Days
• Fines and Costs Totaling Nearly $800
• 10 to 60 Hours of Public Community Service
• Possible Enrollment in a Driving School and/or Alcohol Treatment Program

First Offense DUI – BAC Between 0.10 and 0.15

• Up to One Year in Jail
• License Suspension of 3 to 12 Months
• Fines and Costs Totaling Nearly $800
• 10 to 60 Hours of Community Service
• Mandatory Enrollment in a Driving School and/or Alcohol Treatment Program

First Offense DUI – BAC Unknown

• Up to One Year in Jail
• License Suspension of 3 to 12 Months
• Fines and Costs Totaling Nearly $800
• 10 to 60 Hours of Community Service
• Mandatory Enrollment in a Driving School and/or Alcohol Treatment Program

First Offense DUI – BAC Greater than 0.15

• Up to One Year in Jail
• License Suspension of 3 to 12 Months
• Fines and Costs Totaling Over $1,200
• 20 to 60 Hours of Community Service
• Mandatory Enrollment in a Driving School and/or Alcohol Treatment Program

First Offense DUI – Blood Test Results Indicating Drug Impairment

• Up to One Year in Jail
• License Suspension of 3 to 12 Months
• Fines and Costs Totaling Over $1,200
• 20 to 60 Hours of Community Service
• Mandatory Enrollment in a Driving School and/or Alcohol Treatment Program

To Read the Full Statute Click the Link Below: R.I. General Laws 31-27-2

Second Offense DUI Penalties in Rhode Island

The penalties for a second offense DUI arrest in Rhode Island are much more severe than the first offense penalties and require the defendant to serve a mandatory jail sentence if convicted. However, to qualify as a “prior conviction” the case needs to have been within the past five years. Moreover, it has to be a “conviction” under Rhode Island law (or under the law of the State in which the offense took place). The length of the mandatory minimum jail sentence depends on the level of the defendant’s blood alcohol content. With the assistance of a skilled DUI defense lawyer, it may be possible to serve the mandatory jail sentence through home confinement instead of a sentence at the ACI.

Second Offense DUI – BAC Between 0.08 and 0.15

• Mandatory Minimum 10 Days in Jail, but up to One Year in Jail
• License Suspension of 1 to 2 Years
• Mandatory Alcohol and/or Drug Treatment
• Fines and Costs Totaling Over $1,200

Second Offense DUI – BAC Greater than 0.15

• Mandatory Minimum 6 Months in Jail, but up to One Year in Jail
• License Suspension of 1 to 2 Years
• Mandatory Alcohol and/or Drug Treatment
• Fines and Costs Totaling Over $1,750

Third Offense DUI Penalties in Rhode Island

If you are arrested and charged with a third offense DUI in Rhode Island, you are in serious need of the assistance of a Rhode Island DUI lawyer. To properly be charged with a third offense DUI in Rhode Island, you need to have been convicted of two criminal DUI charges within the preceding five years. If you have been convicted of two DUI charges within the prior five years, your third offense DUI charge is a felony criminal offense which will ultimately be handled in the Rhode Island Superior Court.

Third Offense DUI – BAC Between 0.08 and 0.15

• Mandatory Minimum 1 Year in Jail, but up to Three Years in Jail
• License Suspension of 2 to 3 Years
• Mandatory Alcohol and/or Drug Treatment
• Fines and Costs Totaling Over $1,200

Third Offense DUI – BAC Greater than 0.15

• Mandatory Minimum 3 Years in Jail, but up to Five Years in Jail
• License Suspension of 3 Years
• Mandatory Alcohol and/or Drug Treatment
• Fines Between $1,000 and $5,000

If you’ve been charged with a DUI in Rhode Island, the penalties can be life-altering, including possible jail time, fines, and license suspension. Don’t face the legal system alone. The experienced attorneys at Marin & Murphy are here to fight for your rights and provide a strong defense. With decades of DUI defense experience, we’ll work to minimize the impact on your life and explore every possible defense option. Contact us today at 401-228-8271 for a free, no-obligation consultation and take the first step in protecting your future.

Meet Our Experienced Rhode Island DUI Defense Attorneys

MATTHEW T. MARIN, ESQ.

PARTNER

• Successfully argued for suppression of breath test results in landmark 2015 Rhode Island District Court cases (including State v. Zimmerman), challenging the adequacy of the state’s DUI Rights for Motorists form— leading to multiple judicial rulings finding the form misleading and ultimately prompting the Rhode Island Attorney General’s Office to revise the form statewide to better inform motorists of their rights under amended DUI laws
• Through a firm associate, successfully argued and prevailed in the Rhode Island Supreme Court case State v. Corcoran (R.I. 2022), affirming the suppression of incriminating statements in a DUI investigation—establishing key precedent that roadside questioning after a collision and failed sobriety tests constitutes custodial interrogation requiring Miranda warnings, significantly strengthening protections for defendants in impaired driving cases statewide. Successfully argued by Attorney Marin in the Washington County Superior Court.
• Member of the prestigious National College for DUI Defense (NCDD)
• Handled thousands of DUI cases, focusing on breath, blood, and urine test challenges
• Selected to Super Lawyers every year since 2014 | National Trial Lawyers Top 100
• Avvo Rating: 10.0 “Superb” | Martindale-Hubbell: AV Preeminent
• Featured in Rhode Island Bar Journal articles on DUI defense strategies
• Admitted to the Rhode Island Supreme Court (2008) and U.S. District Court for Rhode Island
• Deep expertise in 2025 RI DUI law changes, including the expanded 10-year look-back period

Learn more about Matthew T. Marin →

STEFANIE A. MURPHY, ESQ.

PARTNER

• Lead editor and contributing author of the authoritative A Practical Guide to Trying DUI Cases in Rhode Island (2nd Edition 2024, MCLE New England), a comprehensive legal resource offering in-depth analysis, practical guidance, current case law, statutory authorities, sample pleadings, checklists, and proven strategies for defending and prosecuting DUI cases in Rhode Island—essential for attorneys navigating complex drunk driving litigation in the state
• Invited by the Rhode Island Municipal Police Training Academy to lecture and demonstrate DUI trial practice and defense strategies to incoming municipal police recruits—sharing in-depth knowledge of Rhode Island DUI prosecution and defense tactics with future law enforcement officers statewide, underscoring her recognized expertise in impaired driving litigation
• Extensive courtroom experience defending DUI and serious criminal charges including Second Offense DUI Charges and Felony DUI Charges
• Focus on achieving charge dismissals and reductions for clients
• Avvo Rating: 10.0 | Martindale-Hubbell Peer Rating: 4.6/5.0
• Recognized for outstanding results across a broad spectrum of criminal cases
• Expertise in 2025 RI DUI law updates and aggressive trial representation
• Advanced training in criminal defense and DUI litigation
• Admitted to the Rhode Island Supreme Court (2004) and U.S. District Court for Rhode Island

Learn more about Stefanie A. Murphy →