Rhode Island DUI Law



Driving under the influence of alcohol or drugs (DWI or DUI) is a serious criminal offense in the State of Rhode Island. In Rhode Island, there are two types of DWI/DUI cases; observation and Chemical Test cases. Read this important article by RI DUI Attorney Kevin Hagan to learn about the elements of proving a DUI case and the penalties vary based on the Blood Alcohol Content (BAC).

In Rhode Island, the prosecution can prove the elements of a DWI or DUI charge without the admissibility of a chemical test. These cases are referred to as “observation” cases. As one can imagine, it is more difficult for the prosecution to prove the elements of a DUI without an empirical analysis of the suspect’s blood alcohol content; however, it can be done in a variety of different factual scenarios. Objective signs of intoxication, those ordinarily testified to as having been observed by the arresting officer or other prosecution witness, include the odor of alcohol on the breath, slurring of speech, inflamed and watery eyes, a ruddy complexion, an unsteady gait, and poor coordination. Usually, one or more of these observed signs comprise the basis for the officer's probable cause in making the arrest. However, as is discussed in the section that follows, a variety of conditions affecting an individual's health can present the same or similar symptoms.

There are four basic scientific tests which may be conducted to determine the degree of intoxication: blood, urine, breath, and saliva tests. The results of urine, saliva, and breath tests for alcohol must be converted into a blood-alcohol reading in order to be useful in determining whether the subject was intoxicated. Rhode Island General Laws § 31-27-2.1 provides that Rhode Island law enforcement shall administer chemical tests only upon having reasonable grounds to believe that the operator is under the influence of alcohol and/or drugs. R.I.G.L.
§ 31-27-2.1. Section 31-27-2(c) outlines various procedures with which the prosecution needs to prove that it complied with in order to introduce the chemical test at trial. These procedures include obtaining a valid consent for the test, mailing copies of the test results to the Defendant within specified time periods, ensuring that the test was performed by a person with proper certification of training and on a machine that had been recently checked for accuracy, and informing the Defendant of his right to an additional, independent chemical test, and a confidential phone call.

As a result of a conviction of DWI/DUI , a person will face significant loss of their driver’s license, possible jail time, drunk driving school, substance abuse treatment, large fines, insurance increases and possible loss of employment.

Penalties when blood alcohol content between 0.08 and 0.10

- Up to One Year in Jail
- Suspended License for 30 days to 6 months
- $100 to $300 Fine
- 10 to 60 Hours of Public Community Service
- Highway Safety Assessment ($500)
- Enrollment in DUI School and/or Substance Abuse Treatment

Penalties when blood alcohol content between 0.10 and 0.15 OR chemical test refused


- Up to One Year in Jail
- Suspended License for 90 days to one year
- $100 to $400 Fine
- 10 to 60 Hours of Public Community Service
- Highway Safety Assessment ($500)
- Enrollment in DUI School and/or Substance Abuse Treatment

Penalties when blood alcohol content over 0.15


- Up to One Year in Jail
- Suspended License for 90 days to 18 months
- $500 Fine
- 20 to 60 Hours of Public Community Service
- Highway Safety Assessment ($500)
- Enrollment in DUI School and/or Substance Abuse Treatment




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