DUI Laws in Rhode Island (DUI)

Q: What is the penalty for a first DUI in Rhode Island?

Penalties for a first DUI in Rhode Island depend on your BAC level, and no tier carries mandatory jail. BAC 0.08-0.099%: up to 1 year in jail, $100-$300 fine, 30-180 day license suspension, and 10-60 hours community service. BAC 0.10-0.149% or unknown: up to 1 year, $100-$400 fine, 3-12 month suspension. BAC 0.15%+ or drugs: up to 1 year, $500 flat fine, 3-18 month suspension, 20-60 hours community service. Every conviction also carries a $500 highway assessment fine, an $86 fee, DUI school, and a substance abuse evaluation.

Q: How long does a DUI stay on your record in Rhode Island?

A DUI conviction stays on your Rhode Island criminal record permanently unless expunged. Since July 2025 the state uses a 10-year lookback period for enhancing penalties on new DUI charges, meaning only DUIs within the prior 10 years count as priors for sentencing. Misdemeanor DUI convictions may be eligible for expungement after 5 years from completion of the sentence, but felony DUI convictions are generally not eligible.

Q: What happens if you refuse a breathalyzer in Rhode Island?

Rhode Island handles chemical test refusal through its traffic tribunal (a civil proceeding), not the criminal courts. A first refusal carries a 6-12 month license suspension, $200-$500 fine, and 10-60 hours of community service. These penalties are imposed separately from and in addition to any criminal DUI penalties. The refusal can also be used as evidence in the criminal case.

Q: When does a DUI become a felony in Rhode Island?

A DUI becomes a felony in Rhode Island on a third or subsequent offense within 10 years. It carries 1-3 years in prison with a 1-year mandatory minimum if BAC was under 0.15%, or 3-5 years if BAC was 0.15% or above — there is no separate fourth-offense tier. DUI causing death is always a felony regardless of prior offenses, carrying 5 to 15 years with a 5-year mandatory minimum.

Q: What is the lookback period for DUI in Rhode Island?

Rhode Island uses a 10-year lookback period for DUI penalty enhancement (since July 2025 — it was 5 years before that). Only prior DUI convictions within the preceding 10 years count toward repeat offense status. A DUI from more than 10 years ago would not elevate a new charge to a second or third offense for sentencing purposes, though it still remains on your criminal record.

Q: Can I get a hardship license after a DUI in Rhode Island?

Rhode Island allows hardship licenses (restricted driving permits) for some DUI suspensions. You may be eligible to drive to work, school, and medical appointments during your suspension period. Requirements vary by offense level but typically include completion of DUI school, installation of an IID (for second and subsequent offenses), SR-22 insurance, and a waiting period. First offenders with low BAC may be eligible for a hardship license quickly.

Q: What are the DUI tiers in Rhode Island?

Rhode Island uses three BAC tiers for first-offense DUI penalties: Tier 1 (0.08-0.099%), Tier 2 (0.10-0.149% or unknown), and Tier 3 (0.15%+ or drugs). None of them carries mandatory jail on a first offense — each tier raises the fine, lengthens the suspension, and adds requirements. Mandatory jail begins at the second offense: 10 days minimum (48 consecutive hours in jail) for BAC under 0.15%, or 6 months minimum for 0.15%+.

Q: Does Rhode Island have a DUI diversion program?

Rhode Island does not have a formal diversion program that dismisses DUI charges upon completion. However, first-time offenders with low BAC levels may receive community service in lieu of jail, probation with treatment conditions, and in some cases a filing (continued without finding) arrangement in municipal court. These alternatives are at the court's and prosecutor's discretion and are most common for BAC levels below 0.10%.

Rhode Island uses the term "DUI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 10 years (P.L. 2024, ch. 217, effective July 1, 2025). Prior out-of-state DUI convictions count; refusals under § 31-27-2.1 count toward suspension periods (§ 31-27-2(d)(5)(i)). Third or subsequent offense within 10 years — felony in both BAC tiers (1–3 years for BAC < 0.15%. Below are the full details of Rhode Island's DUI laws and penalties.

Last updated: 2026-09-07

Overview

Rhode Island treats DUI offenses with progressively severe penalties, including a mandatory $500 highway assessment fine plus an $86 assessment fee and a community service requirement on nearly every tier. Since July 1, 2025, the state uses a 10-year lookback period for DUI enhancements (P.L. 2024, ch. 217), and a third or subsequent DUI within 10 years becomes a felony. A first chemical test refusal is a civil violation handled by the traffic tribunal separate from any criminal DUI charges — but repeat refusals within 10 years are criminal misdemeanors carrying possible jail time. No tier of first-offense DUI carries mandatory jail.

Official term: DUI

BAC Limits

Driver Type	BAC Limit
Standard (21+)	0.08%
Commercial (CDL)	0.04%
Under 21	0.02%
Enhanced Penalty	0.10% (triggers enhanced first-offense penalties); 0.15% (triggers highest tier)

Penalties by Offense

Offense	Classification	Jail Time	Fines	License Suspension	IID
1st Offense	Misdemeanor	BAC 0.08–0.099%: no mandatory jail, up to 1 year. BAC 0.10–0.149% (or BAC unknown): no mandatory jail, up to 1 year. BAC 0.15%+ or drug impairment: no mandatory jail, up to 1 year. Mandatory minimums only begin at the second-offense tier — no first-offense tier requires jail (§ 31-27-2(d)(1)).	BAC 0.08–0.099%: $100 to $300. BAC 0.10–0.149%: $100 to $400. BAC 0.15%+ or drugs: $500 flat. Every conviction also carries a $500 highway assessment fine plus an $86 assessment fee and court costs (§ 31-27-2(d)(6)).	BAC 0.08–0.099%: 30 to 180 days. BAC 0.10–0.149%: 3 to 12 months. BAC 0.15%+: 3 to 18 months (§ 31-27-2(d)(1)).	Discretionary in every first-offense tier — the court may prohibit driving a vehicle without an IID (§ 31-27-2(d)(1)); an interlock-restricted hardship license may be available during the suspension under § 31-27-2.8. IID only becomes mandatory from the second offense on.
2nd Offense	Misdemeanor	Depends on BAC tier: BAC 0.08–0.149% or unknown — 10 days mandatory minimum up to 1 year, with at least 48 consecutive hours served in jail; BAC 0.15%+ or drugs — 6 months mandatory minimum up to 1 year (§ 31-27-2(d)(2)).	BAC 0.08–0.149% or unknown: mandatory $400 flat fine. BAC 0.15%+ or drugs: at least $1,000. Plus the $500 highway assessment fine and $86 fee (§ 31-27-2(d)(2), (d)(6))	1 to 2 years for BAC 0.08–0.149% or unknown; a mandatory 2 years measured from the completion of the sentence for BAC 0.15%+ or drugs (§ 31-27-2(d)(2))	Mandatory — the court must prohibit operating a non-IID vehicle following conviction (§ 31-27-2(d)(2)); interlock-restricted hardship licenses run under § 31-27-2.8
3rd Offense	Felony	BAC 0.08–0.149% or unknown: 1 to 3 years with a 1-year mandatory minimum and 48 consecutive hours served in jail. BAC 0.15%+ or drugs: 3 to 5 years mandatory imprisonment (§ 31-27-2(d)(3)). The state may also seize and sell the vehicle (§ 31-27-2(d)(3)(iii))	BAC 0.08–0.149% or unknown: mandatory $400 flat fine. BAC 0.15%+ or drugs: $1,000 to $5,000. Plus the $500 highway assessment fine and $86 fee (§ 31-27-2(d)(3), (d)(6))	2 to 3 years for BAC 0.08–0.149% or unknown; a mandatory 3 years measured from the completion of the sentence for BAC 0.15%+ or drugs (§ 31-27-2(d)(3)). Permanent revocation is not part of this statute	Mandatory — the court must prohibit operating a non-IID vehicle following conviction (§ 31-27-2(d)(3)); NCDD reports the prohibition typically runs 2 years after completion of the sentence
Felony	Felony (third or subsequent DUI within 10 years, either BAC tier)	BAC 0.08–0.149% or unknown: 1 to 3 years (1-year mandatory minimum, 48 consecutive hours in jail). BAC 0.15%+ or drugs: 3 to 5 years mandatory. There is no separate fourth-offense tier — all third-or-subsequent convictions within 10 years use these two tiers (§ 31-27-2(d)(3)).	$400 flat (BAC < 0.15%); $1,000 to $5,000 (BAC 0.15%+ or drugs); plus the $500 highway assessment fine and $86 fee	2 to 3 years (BAC < 0.15%); 3 years from completion of sentence (BAC 0.15%+ or drugs); vehicle seizure and sale possible at the court's discretion (§ 31-27-2(d)(3)(iii))	Mandatory — the court must prohibit operating a non-IID vehicle following conviction

Felony threshold: Third or subsequent offense within 10 years — felony in both BAC tiers (1–3 years for BAC < 0.15%, 3–5 years for 0.15%+). Separately, driving on a license suspended for DUI is itself a felony (§ 31-27-2(d)(4)), and a second child-passenger DUI offense is a felony (§ 31-27-2(d)(5)(ii)).. Lookback period: 10 years (P.L. 2024, ch. 217, effective July 1, 2025). Prior out-of-state DUI convictions count; refusals under § 31-27-2.1 count toward suspension periods (§ 31-27-2(d)(5)(i)).

Additional Penalty Details

Offense	Community Service	Probation	DUI School
1st Offense	10 to 60 hours (20 to 60 hours in the 0.15%+ / drug tier) — the statute pairs community restitution with any jail term and none of it may be suspended (§ 31-27-2(d)(1); § 31-27-2(i))	Up to 2 years; conditions include substance abuse treatment and monitoring	Mandatory DUI school (alcohol/drug education program) and substance abuse evaluation for all first offenders
2nd Offense	No statutory community-service requirement at this tier (the statute mandates fine, jail, suspension, and treatment); additional hours may be ordered at discretion	Up to 2 years supervised; intensive conditions including frequent testing	Full substance abuse evaluation and completion of recommended treatment program mandatory; residential treatment may be required
3rd Offense	May be ordered in addition to incarceration	Up to 3 years supervised after release; intensive supervision with strict conditions	Mandatory intensive substance abuse treatment; residential/inpatient treatment typically required
Felony	May be ordered as condition of probation	Up to 5 years supervised after release; intensive supervision, residential treatment, and electronic monitoring conditions	Mandatory comprehensive substance abuse treatment; residential/inpatient treatment required

Implied Consent Law

Under R.I. Gen. Laws § 31-27-2.1, any person operating a vehicle in Rhode Island is deemed to have consented to chemical testing of blood, breath, or urine when an officer has reasonable grounds to believe the person is DUI. A first refusal is a civil violation handled through the traffic tribunal — but a second or subsequent refusal within 10 years is a criminal misdemeanor carrying possible jail time, and refusal evidence is barred from the criminal DUI trial unless the defendant testifies (§ 31-27-2(c)(1)).

Refusal penalties: First refusal: civil — 6 to 12-month license suspension, $200 to $500 fine, 10 to 60 hours community service, DUI school. Second refusal within 10 years: criminal misdemeanor — up to 6 months in jail, $600 to $1,000 fine, 60 to 100 hours community service, 1 to 2-year suspension, mandatory IID prohibition. Third or subsequent refusal within 10 years: criminal misdemeanor — up to 1 year in jail, $800 to $1,000 fine, at least 100 hours community service, 2 to 5-year suspension with a reinstatement hearing at the end. All violators pay the $500 highway safety assessment plus a $200 chemical-testing fee and must maintain proof of financial responsibility for 3 years (§ 31-27-2.1). Refusal penalties are separate from (and in addition to) any criminal DUI penalties.

Aggravating Factors

Factor	Impact
BAC of 0.10% to 0.149% (elevated tier)	First offense: fine rises to $100–$400 and suspension to 3–12 months — but no mandatory jail at this tier. The 10-day mandatory minimum belongs to the second-offense tier (§ 31-27-2(d)(1)(ii), (d)(2)(i))
BAC of 0.15% or higher (highest tier)	First offense: $500 flat fine, 20–60 hours community service, 3–18 month suspension, IID discretionary — no mandatory jail. The 6-month mandatory minimum and 2-year suspension belong to the second-offense tier, and 3–5 years imprisonment to the third (§ 31-27-2(d)(1)(iii), (d)(2)(ii), (d)(3)(ii))
Minor passenger under 13 in vehicle	Statutory enhancement under § 31-27-2(d)(5)(ii): immediate license suspension pending prosecution; first offense — misdemeanor up to 1 year and $1,000; second or subsequent — felony up to 5 years and $5,000, plus up to 2 years license suspension, DUI course, and treatment. Separate child-endangerment charges may also be brought
Causing death or serious bodily injury while DUI	DUI death (§ 31-27-2.2): 5 to 15 years with a 5-year mandatory minimum, $5,000–$10,000, 5-year revocation — second within 5 years: 10 to 20 years, $10,000–$20,000. Serious bodily injury (§ 31-27-2.6): 1 to 10 years with a 1-year mandatory minimum, $1,000–$5,000, revocation up to 2 years
Driving on DUI-suspended license	Under § 31-27-2(d)(4), driving while suspended/revoked for DUI is a felony punishable by up to 3 years imprisonment and a $3,000 fine — separate from any new DUI charge

DUI with Injury

Classification: Felony

DUI resulting in death (R.I. Gen. Laws § 31-27-2.2) is a felony carrying 5 to 15 years in prison with a mandatory minimum of 5 years, fines of $5,000 to $10,000, and 5-year license revocation; a second death-resulting violation within 5 years carries 10 to 20 years and $10,000 to $20,000. DUI causing serious bodily injury (§ 31-27-2.6) is a felony carrying 1 to 10 years with a mandatory minimum of 1 year, fines of $1,000 to $5,000, and revocation up to 2 years — or 2 to 15 years, $3,000 to $10,000, and revocation up to 4 years on a second violation within 5 years. Vehicle seizure and sale is available for third-or-subsequent DUI convictions (§ 31-27-2(d)(3)(iii)).

Underage DUI

Zero tolerance: Yes

BAC limit: 0.02%

Drivers aged 18–20 with a BAC of 0.02% or above but below 0.10% are convicted of Driving While Impaired (§ 31-27-2.7): first violation — fine up to $250, 30 hours community service, license suspension of 1 to 3 months with course attendance, plus the $500 highway assessment and $200 testing fee; second or subsequent — up to $250 fine, $300 highway safety assessment, 3 to 6 months suspension, treatment program, and DWI course. Drivers under 18 face 10 to 60 hours community service and a 6-month license suspension (up to 18 months) under § 31-27-2(d)(7), with refusal cases handled under § 31-27-2.5. If the underage driver's BAC is 0.08% or above, full adult criminal DUI penalties apply.

Diversion Programs

Program: DUI Community Service / First Offender Program

Rhode Island offers alternatives for first-time DUI offenders, particularly those with lower BAC levels. Courts may impose community service in lieu of jail time, require completion of a DUI education program, and place the defendant on probation with treatment conditions. While Rhode Island does not have a formal diversion program that results in charge dismissal, the combination of community service, probation, and treatment functions similarly. Some municipal courts offer filing agreements (continued without finding) for very low BAC first offenses.

Eligibility: Alternatives to incarceration are generally available for first-time DUI offenders with BAC below 0.10% and no aggravating factors. The defendant must have no prior DUI convictions or refusal findings. Cases involving accidents, injuries, or high BAC levels are typically not eligible. Eligibility is at the court's and prosecutor's discretion.

How Long a DUI Stays on Your Record

A DUI conviction remains on your Rhode Island driving record for a minimum of 5 years and on your criminal record permanently. The 10-year lookback period means that for penalty enhancement purposes, only DUI convictions within the prior 10 years count toward repeat offense status. However, the conviction itself does not disappear from your record. Rhode Island has limited expungement options for misdemeanor DUI after 5 years of completion of all sentence conditions, but felony DUI convictions are generally not eligible for expungement.

Key Statutes

R.I. Gen. Laws § 31-27-2: Driving under the influence of liquor or drugs; BAC limits; criminal penalties by offense count and BAC tier
R.I. Gen. Laws § 31-27-2.1: Implied consent; chemical testing requirements; refusal penalties (traffic tribunal)
R.I. Gen. Laws § 31-27-2.2: Driving under the influence resulting in death; felony classification and mandatory sentences
R.I. Gen. Laws § 31-27-2.8: Ignition interlock device requirements for DUI offenders
R.I. Gen. Laws § 31-27-2.6: DUI resulting in serious bodily injury; felony classification and mandatory sentences
R.I. Gen. Laws § 31-27-2.7: Driving while impaired; the 0.02%–0.10% offense for drivers aged 18–20

Frequently Asked Questions

What is the penalty for a first DUI in Rhode Island?

Penalties for a first DUI in Rhode Island depend on your BAC level, and no tier carries mandatory jail. BAC 0.08-0.099%: up to 1 year in jail, $100-$300 fine, 30-180 day license suspension, and 10-60 hours community service. BAC 0.10-0.149% or unknown: up to 1 year, $100-$400 fine, 3-12 month suspension. BAC 0.15%+ or drugs: up to 1 year, $500 flat fine, 3-18 month suspension, 20-60 hours community service. Every conviction also carries a $500 highway assessment fine, an $86 fee, DUI school, and a substance abuse evaluation.

How long does a DUI stay on your record in Rhode Island?

A DUI conviction stays on your Rhode Island criminal record permanently unless expunged. Since July 2025 the state uses a 10-year lookback period for enhancing penalties on new DUI charges, meaning only DUIs within the prior 10 years count as priors for sentencing. Misdemeanor DUI convictions may be eligible for expungement after 5 years from completion of the sentence, but felony DUI convictions are generally not eligible.

What happens if you refuse a breathalyzer in Rhode Island?

Rhode Island handles chemical test refusal through its traffic tribunal (a civil proceeding), not the criminal courts. A first refusal carries a 6-12 month license suspension, $200-$500 fine, and 10-60 hours of community service. These penalties are imposed separately from and in addition to any criminal DUI penalties. The refusal can also be used as evidence in the criminal case.

When does a DUI become a felony in Rhode Island?

A DUI becomes a felony in Rhode Island on a third or subsequent offense within 10 years. It carries 1-3 years in prison with a 1-year mandatory minimum if BAC was under 0.15%, or 3-5 years if BAC was 0.15% or above — there is no separate fourth-offense tier. DUI causing death is always a felony regardless of prior offenses, carrying 5 to 15 years with a 5-year mandatory minimum.

What is the lookback period for DUI in Rhode Island?

Rhode Island uses a 10-year lookback period for DUI penalty enhancement (since July 2025 — it was 5 years before that). Only prior DUI convictions within the preceding 10 years count toward repeat offense status. A DUI from more than 10 years ago would not elevate a new charge to a second or third offense for sentencing purposes, though it still remains on your criminal record.

Can I get a hardship license after a DUI in Rhode Island?

Rhode Island allows hardship licenses (restricted driving permits) for some DUI suspensions. You may be eligible to drive to work, school, and medical appointments during your suspension period. Requirements vary by offense level but typically include completion of DUI school, installation of an IID (for second and subsequent offenses), SR-22 insurance, and a waiting period. First offenders with low BAC may be eligible for a hardship license quickly.

What are the DUI tiers in Rhode Island?

Rhode Island uses three BAC tiers for first-offense DUI penalties: Tier 1 (0.08-0.099%), Tier 2 (0.10-0.149% or unknown), and Tier 3 (0.15%+ or drugs). None of them carries mandatory jail on a first offense — each tier raises the fine, lengthens the suspension, and adds requirements. Mandatory jail begins at the second offense: 10 days minimum (48 consecutive hours in jail) for BAC under 0.15%, or 6 months minimum for 0.15%+.

Does Rhode Island have a DUI diversion program?

Rhode Island does not have a formal diversion program that dismisses DUI charges upon completion. However, first-time offenders with low BAC levels may receive community service in lieu of jail, probation with treatment conditions, and in some cases a filing (continued without finding) arrangement in municipal court. These alternatives are at the court's and prosecutor's discretion and are most common for BAC levels below 0.10%.

Related Guide

DUI license recovery in Rhode Island→

Step-by-step guide to getting your license back after a DUI in Rhode Island — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.

Take Action — Direct Links

Rhode Island DMV — DUI Information
Official Rhode Island DMV information on DUI-related license suspensions, reinstatement, and restricted licenses
Rhode Island General Laws — Title 31, Chapter 27
Full text of Rhode Island DUI statutes including penalties, implied consent, and IID requirements
Rhode Island Traffic Tribunal
Information on chemical test refusal hearings, administrative DUI proceedings, and traffic tribunal procedures
Rhode Island Bar Association — Lawyer Referral
Find a qualified DUI defense attorney through the Rhode Island Bar Association's lawyer referral service

DUI license recovery in Rhode Island →

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Disclaimer: This is informational only, not legal advice. DUI laws change frequently. Verify current requirements with Rhode Island's statutes or consult a qualified DUI attorney in Rhode Island.

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