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What are the penalties for a second offense DUI charge in Rhode Island?

Posted by Matthew Marin | Aug 05, 2017 | 0 Comments

In Rhode Island, a charge of second offense DUI within a five year period is a serious misdemeanor criminal charge that carries with it a mandatory jail sentence. In addition to a period of incarceration, the second offense drunk driving charge carries thousands of dollars in fines, costs, and assessments, alcohol and/or drug treatment, and a lengthy period of probation and suspended jail sentence. 

The length of the mandatory minimum jail sentence on a second offense DUI in Rhode Island depends of the level of your blood alcohol content. Individuals who submit to a chemical test and have blood alcohol readings between 0.08 and 0.15 and those who are charged with DUI after having refused to submit to a chemical test will face a mandatory minimum ten-day jail sentence if convicted. For those individuals who submit to a chemical test and have blood alcohol readings in excess of 0.15 will face a mandatory minimum six-month jail sentence if convicted. 

All individuals charged with second offense DUI will face a fine of $400 plus mandatory court costs, Department of Health Fee's, and highway assessments. In total, the financial costs of a second offense owed to the Court will be in excess of $1,000 and can, in some cases, exceed $2,000.

With all second offense cases, part of the disposition of the case will be mandatory alcohol and/or drug treatment. This treatment will be imposed as a condition of probation and will be monitored by both your probation officer as well as the Department of Motor Vehicles. The DMV maintains a list of approved alcohol and/or drug treatment providers. You must utilize one of these approved providers or you will not be able to reinstate your driving privileges when eligible. Additionally, if this is your third or greater alcohol related offense you may be required to appear before the Medical Review Board of the Department of Motor Vehicles. You would need to satisfy the Medical Review Board prior to reinstatement of your drivers' license.

Lastly, after any period of incarceration you will be placed on probation for the balance of your sentence. The probation department will monitor completion of the remainder of the terms and conditions of your sentence. You will be required to maintain regular contact with probation, pay probation fees, and obtain prior approval from the probation office before traveling out of the State of Rhode Island.

About the Author

Matthew Marin

Attorney Matthew T. Marin is a highly skilled criminal defense lawyer with an outstanding track record in Rhode Island and Massachusetts. With expertise in DUI/DWI, drug offenses, domestic violence, and white-collar crimes, he is dedicated to providing personalized and effective representation for his clients. A "Rising Star" by Super Lawyers and a member of the National College for DUI Defense and the National Trial Lawyers Top 100, Attorney Marin is committed to staying current with the latest legal developments and giving back to his community through pro bono work.


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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 Matthew Marin and Kensley 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.