Close X

RHODE ISLAND DUI PENALTIES AND SENTENCING

The penalties for a Rhode Island DUI charge (Driving under the influence of alcohol or drugs) are extremely severe. When you are arrested and charged with DUI in R.I., you potentially facing severe consequences in the form of large fines, a lengthly license suspension, community service, and possibly a jail or prison sentence at the A.C.I. When you are charged with a DUI in Rhode Island, you are presumed innocent and are not “convicted” of the DUI charge until you either plead guilty, plead no contest, or you are found guilty after trial.

Get Your BEST DUI Defense!

2024 Top Rated Rhode Island DUI Attorneys

Available 24/7 at 401-228-8271

Marin and Barrett, Inc.'s 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

For a free, confidential consultation contact Attorney Matthew Marin at 401-228-8271 or email us at [email protected].

Review by Former Rhode Island DUI Client Mark Z. on Avvo.com

Hiring Matthew Marin to represent me was one of the best decisions I’ve ever made. I was arrested for DUI and feared the worst. But Matthew Marin truly saved me. He was successful in having the breathalyzer results thrown out, then took my case all the way to trial, where he was able to convince a judge that without said results, the prosecution could not meet the burden of proof necessary to convict. I was found NOT GUILTY, and I couldn’t be more relieved. I would recommend Matthew Marin to anyone charged with a DUI in the state of Rhode Island.

Attorney Marin Named A SuperLawyer for Ten Consecutive Years 2014-2023

Attorney Matthew Marin has been named a Rhode Island SuperLawyer for 10 consecutive years from 2014 thru 2023. 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 Members of the National College for DUI Defense

Attorneys Marin and Barrett are both Rhode Island General Members 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.