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What is the look-back period for Rhode Island DUI convictions?

Posted by Matthew Marin | Jul 27, 2017 | 0 Comments

Rhode Island DUI law provides for enhanced penalties for those charged with DUI when you have been convicted of a prior DUI offense within the preceding five years. This is in contrast to other states, including Massachusetts, where there is a lifetime look-back period. 

Legally, Rhode Island law provides that an individual who has been convicted of drunk driving within the preceding five years is subject to enhanced penalties including second and third offense DUI charges. These second and third offense DUI charges carry mandatory minimum jail sentences.

However, you cannot be charged with a second or third offense DUI charge if your prior drunk driving charge was amended to a lesser offense such as reckless driving or dismissed by the prosecution. If your prior DUI charge was amended to a lesser offense or dismissed, any new DUI charge in the following five years would simply be a first offense DUI charge in Rhode Island.

For purposes of enhanced sentencing, some Rhode Island DUI laws allow the Judge to consider alcohol related offenses on your record in the preceding ten years. For this reason, it is extremely important that you have any DUI charge or DUI conviction expunged from your record as soon as you are legally eligible.

If you have been charged with drunk driving in Rhode Island and you have a prior offense or arrest on your record, contact Attorney Matthew Marin for experienced advice about your legal circumstances. We have significant experience analyzing the look-back period and what qualifies as a prior offense under Rhode Island law. We are 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 SuperLawyer for Eight Consecutive Years 2014-2021

Attorney Matthew Marin has been named a Rhode Island SuperLawyer for 9 consecutive years from 2014 thru 2022. 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.