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DUI Penalties in Rhode Island

There are three categories of punishments for individuals who are found guilty of DUI for the first time based upon different BAC levels. First, if the person is found guilty of DUI with BAC between 0.08% and 0.1% and/or who has a controlled substance in his blood will be fined from $100 to $300, must perform 10 to 60 hours of public community restitution, and/or will be imprisoned for a maximum of 1 year, which may be served in any adult correctional institution based on the judge’s discretion and/or must attend a special course on driving while intoxicated or under the influence of a controlled substance. The driver’s license will be suspended for 30 to 180 days. Second, if the person is convicted of a first violation with BAC between 0.1% and 0.15% or BAC is unknown, then the individual will be subject to a fine of $100 to $400, must perform 10 to 60 hours of public community restitution, must attend a special course on driving while under the influence and/or receive alcohol or drug treatment, and/or will be imprisoned for a maximum of 1 year, which may be served in any adult correctional institutions based on the judge’s discretion. The driver’s license will be suspended for 3 to 12 months. Third, if the person is found guilty of a first violation of DUI with BAC over 0.15% or is under the influence of drugs is subject to a fine of $500, must perform 20 to 60 hours of public community restitution, must attend a special course on driving while under the influence and/or will receive alcohol or drug treatment, and/or will be imprisoned for 1 year in any adult correctional institution based on the judge’s discretion. The driver’s license will be suspended for 3 to 18 months.

Rhode Island has DUI enhancement sentences for repeated offenders. For an individual to have committed a second offense, he or she must have committed it within a 5 year period of the first offense, and, as long as there is a previous offense, despite the fact that it occurred out-of-state and/or does not violate DUI laws of Rhode Island or any other state, the second offense will be considered the subsequent violation of the first. There are two categories of punishments for individual who are found guilty for a second time based on different BAC levels. First, a person who is found guilty for the second time within a 5 year period of DUI with BAC between 0.08 and 0.15%, BAC is unknown, or blood has presence of any drugs, must pay a fine of $400, and will receive alcohol or drug treatment. Furthermore, the person will be sentenced to jail for 10 days to 1 year, with a mandatory sentence of at least 48 consecutive hours of imprisonment, which may be served in any adult correctional institutions based on the judge’s discretion. The person’s driving license will be suspended for 1 to 2 years. The individual may be prohibited from operating a vehicle that is not equipped with an ignition interlock system for 1 to 2 years after finishing serving his or her sentence. Second, a person found guilty for the second time within a 5 year period of DUI with BAC 0.15% or above will be imprisoned for at least 6 months to a year, with a fine of at least $1000 and a mandatory license suspension for 2 years from the date of finishing the sentence.

Likewise, for an individual to have committed a third offense, he or she must have committed it within a 5 year period of the previous offense, and, regardless of previous out-of-state offenses violate DUI laws of Rhode Island or any other state, previous offenses will count toward determining the number of violations. However, all third offenses are considered felonies, and, in the discretion of the judge, the vehicle owned and operated by the violator may be seized and sold, with all funds transferrable to the general fund. There are two categories of punishments for individual who are found guilty for a third time based on different BAC levels. First, if the person is found guilty of DUI for the third time within a 5 year period of the previous offense with BAC between 0.08 and 0.15%, BAC is unknown, or blood has presence of any drugs, must pay $400 and will be sentenced to 1 to 3 years in jail, with a mandatory sentence of at least 48 consecutive hours of imprisonment, which may be served in any adult correctional institution according to the judge’s discretion. The individual will receive alcohol or drug treatment and may be prohibited from operating a vehicle that is not equipped with an ignition interlock system for 2 years following the completion of his or her sentence. The individual’s driving license will be suspended for 2 to 3 years, Second, if the individual is found guilty for the third time of DUI within a 5 year period of the previous conviction and with BAC 0.15% or above will be imprisoned for 3 to 5 years, with a mandatory fine of $1000 to $5000 and a mandatory license suspension for 3 years from the date of completion of the sentence.

 

Blood Alcohol Concentration

First Violation

0.08-0.1% or blood presence of any scheduled controlled substance. Fine: $100-$300, and
Public community restitution of 10-60 hours and/or
Imprisonment: up to 1 year, which may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge and/or
Attend a special course on driving while intoxicated or under the influence of a controlled substance, and
Suspend license for 30 -180 days.
0.1-0.15%  or whose blood alcohol concentration is unknown Fine: $100-$400, and
Public community restitution: 10-60 hours and/or
Imprisonment: up to 1 year, which may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge.
Suspend license: 3-12 months.
Must attend special course on driving while intoxicated or under the influence of a controlled substance and/or alcoholic or drug treatment for the individual.
0.15%+ or under the influence of a drug, toluene, or any controlled substance Fine: $500, and
Public Community Restitution: 20-60 hours and/or
Imprisonment for up to 1 year, which may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge.
Suspend license for 3-18 months.
Must attend special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for the individual.
All Highway assessment fine of $500 and fee of $86

 

Blood Alcohol Concentration

Second Violation within 5 year period

0.08-0.15% or whose blood alcohol concentration is unknown or who has a blood presence of any controlled substance Rule: second violation within 5 year period whether or not the prior violation and conviction was an actual violation and conviction under this statute or the statue of any other state.In other words, an out-of-state conviction for driving under the influence of liquor or drugs constitutes a prior offense for purposes of imposing penalties and imprisonment.
Fine: $400.
Suspend license for up to 20 years, and
Sentenced to 10 days – 1 year in jail, which may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge. At least 48 hours of imprisonment shall be served consecutively.
Must attend alcohol or drug treatment.
0.15%+ or under the influence of a drug, toluene, or any controlled substance Mandatory imprisonment: 6 months – 1 year.
Mandatory fine: at least $1,000.
Mandatory license suspension for 2 years from the date of completion of the sentence imposed under this section.
All May be prohibited from operating a motor vehicle that is not equipped with an ignition interlock system for 1-2 years following sentence completion.
Highway assessment fine of $500 and fee of $86

 

Blood Alcohol Concentration

Third Violation within 5 year period (felony)

0.08-0.15% or whose blood alcohol concentration is unknown or who has a blood presence of any scheduled controlled substance Rule: second violation within 5 year period whether or not the prior violation and conviction was an actual violation and conviction under this statute or the statue of any other state.In other words, an out-of-state conviction for driving under the influence of liquor or drugs constitutes a prior offense for purposes of imposing penalties and imprisonment.
Mandatory fine: $400.
Suspend license for 2-3 years, and
Sentenced to 1-3 years in jail, which may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge, but not less than 48 hours of imprisonment shall be served consecutively.
Must attend alcohol or drug treatment for the individual, and
15%+ or who is under the influence of a drug, toluene or any controlled substance. Mandatory imprisonment: 3-5 years
Mandatory fine: $1,000-$5,000, and
Mandatory license suspension for 3 years from the date of completion of the sentence imposed under this subsection.
All third or more offenders In addition to foregoing penalties, in the discretion of the sentencing judge, to having the vehicle owned and operated by the violator seized and sold by the state of Rhode Island, with all funds obtained by the sale to be transferred to the general fund.
May be prohibited from operating a motor vehicle that is not equipped with an ignition interlock system for a period of 2 years following sentence completion.
Highway assessment fine of $500 and fee of $86

 

Refusals

Penalties

First violation Fine: $200-$500, and
Public community restitution: 10-60 hours
License suspended for 6 months – 1 year.
Must attend special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for the individual.
Second violation within 5 year period is guilty of a misdemeanor. Imprisonment of at least 6 months
Fine: $600-$1,000
Public community restitution: 60-100 hours, and
License suspended for 1-2 years.
Must receive alcohol and/or drug treatment.
Third or more violation within a 5 year period is guilty of a misdemeanor. Imprisonment: not more than 1 year
Fine: $800-$1,000
Public community restitution: at least 100 hours, and
Suspend license for 2-5 years.
Must receive alcohol or drug treatment.
Procedure: hearing before a judge, who will review the person’s driving record, employment history, family background, and other relevant factors to determine person’s behavior to warrant the reinstatement of his/her license.
All Highway safety assessment of $500 and $200 to department of health’s chemical testing programs.

 


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