Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

In Rhode Island, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.

REGULATIONS FOR DUI/DWI IN RHODE ISLAND

In Rhode Island, the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers above the legal age of driving. For drivers under the age of 21 years, the tolerance limit of BAC has been reduced to 0.02%

Having a Rhode Island license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving through a breathalyser test to check the BAC. Refusing to take the chemical test will result in your license being revoked for 3 to 6 months, a fine of $200 to $500 or 10-60 hours of community service.

Your license will be suspended or revoked, if you are convicted of DUI/DWI.

ACTIONS AGAINST DUI/DWI FOR DRIVERS OVER 21:

If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Rhode Island has a tiered system for determining the BAC impairment and thus the penalty based on the level of impairment. Impairment is considered general if the BAC is between 0.08% and 0.10%, high if it's between 0.10% and 0.15%, and highest if its 0.15% or higher.

1. The first offense under general impairment may result in:
2. A fine of $100-$300.
3. License suspension for up to 6 months, an imprisonment up to 1 year and a reinstatement fee of $50.
4. 10-60 hours of community service.
5. May be ordered to undergo a Highway Safety Assessment.
6. May be ordered to enrol in a driving school or an alcohol treatment program.

   In case of high impairment:

7. The fine ranges between $100 and $400.
8. The license suspension period ranges between 3-12 months.
9. There could be an imprisonment for 1 year or 10-60 hours of community service.

   In case of highest degree of impairment:

10. The fine is for $500.
11. The imprisonment could be for 1 year, or community service of 20-60 hours.
12. The license suspension period ranges between 3-18 months.
13. You would be ordered to enrol in for a special course in DWI along with undergoing drug treatment.
14. The second offense, within 5 years may result in imprisonment up to 1 year and/or a fine up to $400. Also, if convicted for the second offense of DWI, where the BAC is between 0.08% and 0.15%:
    • Your license will be suspended for 2 years.
    • An ignition interlock system may be in stalled in your vehicle for 2 years.

      In case of highest degree of impairment:

15. The fine is for $1000.
16. The imprisonment period ranges between 6 months to 1 year.
17. The license suspension period extends 2 years.
18. The third offense, within 5 years may result in fine up to a $400. Also, if convicted for the third offense of DWI, with a BAC between 0.08 %-0.15%:
19. You would be charged with a Felony.
20. Your license would be suspended for 2-3 years.
21. The imprisonment period would range between 1 to 3 years.
22. An ignition interlock system will be installed in your vehicle for 2 years.

    In case of highest degree impairment:

23. The fine would range between $1000 and $5000.
24. The imprisonment period would range from 3 to 5 years.
25. The license suspension period would extend 3 years.
26. The vehicle might be confiscated by the state for sale, on court order.

ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 21

If you are convicted of being intoxicated using alcohol, drugs or other intoxicants; or having a BAC higher than 0.02%) while driving for the first time:

1. You may be charged with a fine of $ 500 for highway assessment, the second time conviction may result in a one year sentence in Rhode Island training school.
2. The court may order a minor's license to be suspended for 6-18 months for the first conviction or revoke the license unless the minor attains majority, if convicted for the second time.
3. You may be asked to complete 10-60 hours of community service. For the first conviction.
4. Apart from these actions, you would be asked to enrol for an alcohol treatment/education program.

   If convicted with a BAC of 0.02% or higher:

5. You would be charged with a fine of $250 for the first time and an additional $ 500 for the second offense.
6. You would face a conditional 3 months license suspension, the condition being attendance in a DWI class and enrolment in an alcohol treatment education program. In case of second conviction there would definitely be a license suspension for 3-6 months.
7. If convicted for the first time the community service hours would be 30, which would be raised to 60 on the second offense.

ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license (CDL):

1. The BAC is set at as low as 0.02% for you.
2. You will be denied a commercial driving license if you were convicted of driving under influence within the last 5 years of applying for such a license.

ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

The immediate consequence if a test shows that your blood alcohol level is beyond the permissible limits is the revocation of your license. This is purely an administrative action and quite apart from any criminal charges and penalties that the courts decide. You will be given a 30-day temporary driving permit and you may request a hearing. It is a good idea to consult a DUI/DWI lawyer before you request an administrative hearing.

LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Operator Control, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

1. The applicable reinstatement fee is $75.
2. You need to bring your reinstatement notice, identification card, proof of address, and your social security card.
3. You can submit the reinstatement application and fees at :

   Operator Control Division
   John O. Pastore Complex
   
   Harrington Hall - Lower Level
   
   30 Howard Ave. Bldg. #58
   
   Cranston, RI 02920    

ADDITIONAL INFORMATION

• DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
• If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
• See also Suspended License, Point System and Traffic Ticket Lawyers.