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Rhode Island DUI Laws Penalties And Fines
Rhode Island Driving Under the Influence (DUI) Laws
Definition of Intoxication:
Under Rhode Island drunk driving law, Rhode Island Driving Under the Influence (DUI) may be proved three different ways:
1. With evidence that you were driving under the influence of alcohol, legal drugs, or controlled substances, to the extent that your normal faculties were impaired;
2. With evidence that you were driving with any level of illegal drug in your blood; or
3. With evidence that you drove with a BAC of 0.08 or greater (or 0.04, for CDL drivers). Rhode Island drivers under age 21 are DUI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard.
Summary of Illegal BAC Levels in Rhode Island:
- Adult Driver - DUI with BAC of 0.08 or higher
- Commercial Vehicle Driver - DUI with a BAC of 0.04 or higher
- Under 21 Driver – DUI with BAC of 0.02 or higher
When Can I Drive, if I’ve Been Drinking?
If you’ve been drinking, the best way to avoid DUI in Rhode Island is to have someone else drive. If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had.
In addition to time, many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others. Even if your BAC is below 0.08, you can still be DUI, if a jury believes a police officer’s testimony about evidence of your intoxication.
In other words, the “legal level” only works in favor of the prosecutor, if you cross it. Being below it does not make you legal.
Consequences of a DUI Offense in Rhode Island
Consequences of DUI Conviction in Rhode Island.
The penalties for a drunk driving conviction in Rhode Island are serious, and they become even more severe with repeat offenses. A DUI conviction in Rhode Island remains on your record for five (5) years, for purposes of calculating repeat offense levels, but:
A Rhode Island DUI with higher BAC levels produces more serious punishments. Driving DUI with a child under the age of 13 adds a mandatory one year of imprisonment, which must be served and cannot be suspended, to any Rhode Island DUI sentence.
All drivers convicted of Misdemeanor DUI in Rhode Island may be placed on probation, when they are released from incarceration. Felony DUI convicts may have to face a Rhode Island parole board to obtain release from state prison.
Rhode Island DUI defendants may also be required to serve all or part of their sentences in a residential substance abuse treatment program. The arresting officer confiscates a Rhode Island DUI arrestee’s driver’s license immediately, pending an administrative suspension hearing.
An administrative suspension by the state occurs automatically, and it is separate from any court-ordered suspension resulting from a DUI conviction.
