Dylan C. DiLibero, Esq.
Attorney
Criminal defense, state and federal · Personal injury · Civil litigation
View profileCriminal defense · State
DUI and OUI Defense in Rhode Island and Massachusetts
A drunk-driving charge is not a foregone conclusion.
What’s at stake
A DUI or OUI conviction in Rhode Island or Massachusetts can mean license loss, mandatory ignition interlock, fines that climb into the thousands, jail exposure that climbs with each offense, and a record that follows you into every job application and rental application.
It does not always mean all of those things. What happens depends on the facts and on how the case is handled from the first pretrial hearing. The charge is the beginning of the process, not the end of it.
DUI and OUI penalties
What the law allows, by state and offense
Choose the state, what happened, and whether you have a prior offense. These are the ranges set by statute. A judge decides within them, and the facts of your case matter.
General information from the statutes, checked 25 September 2026. It is not legal advice and does not predict the outcome of any case. Prior offenses, injuries, a minor in the car, and other facts can change the penalties.
Rhode Island: DUI charge
| Offense | Blood alcohol | Fine | Jail | License |
|---|---|---|---|---|
| First | 0.08 to 0.099 | $100 to $300 | Up to 1 year (judge may order jail and/or community service) | 30 to 180 days suspension |
| First | 0.10 to 0.149 | $100 to $400 | Up to 1 year (judge may order jail and/or community service) | 3 to 12 months suspension |
| First | 0.15 or higher | $500 | Up to 1 year (judge may order jail and/or community service) | 3 to 18 months suspension |
| First | No test result | $100 to $400 | Up to 1 year (judge may order jail and/or community service) | 3 to 12 months suspension |
| Second | 0.08 to 0.099 | Mandatory $400 | Mandatory 10 days to 1 year; at least 48 hours must be served consecutively | 1 to 2 years suspension |
| Second | 0.10 to 0.149 | Mandatory $400 | Mandatory 10 days to 1 year; at least 48 hours must be served consecutively | 1 to 2 years suspension |
| Second | 0.15 or higher | Mandatory minimum $1,000 (statute sets no maximum) | Mandatory 6 months to 1 year | Mandatory 2 years, counted from the date the sentence is completed |
| Second | No test result | Mandatory $400 | Mandatory 10 days to 1 year; at least 48 hours must be served consecutively | 1 to 2 years suspension |
| Third or more | 0.08 to 0.099 | Mandatory $400 | Mandatory 1 to 3 years; at least 48 hours must be served consecutively | 2 to 3 years suspension |
| Third or more | 0.10 to 0.149 | Mandatory $400 | Mandatory 1 to 3 years; at least 48 hours must be served consecutively | 2 to 3 years suspension |
| Third or more | 0.15 or higher | Mandatory $1,000 to $5,000 | Mandatory 3 to 5 years | Mandatory 3 years, counted from the date the sentence is completed |
| Third or more | No test result | Mandatory $400 | Mandatory 1 to 3 years; at least 48 hours must be served consecutively | 2 to 3 years suspension |
Prior offenses count within 10 years (5 years for offenses before July 1, 2025).
Rhode Island: Refused a chemical test
| Offense | Fine | Jail | License |
|---|---|---|---|
| First | $200 to $500 | - | 6 months to 1 year suspension. The magistrate can also order an immediate suspension at the first Traffic Tribunal appearance. |
| Second, breath or urine | $600 to $1,000 | Up to 6 months | 1 to 2 years suspension |
| Second, blood test | $600 to $1,000 | Up to 6 months | 1 to 2 years suspension |
| Third or more, breath or urine | $800 to $1,000 | Up to 1 year | 2 to 5 years suspension |
| Third or more, blood test | $800 to $1,000 | Up to 1 year | 2 to 5 years suspension |
Prior offenses count within 10 years (5 years for offenses before July 1, 2025).
Massachusetts: OUI charge
| Offense | Fine | Jail | License |
|---|---|---|---|
| First | $500 to $5,000 | Up to 2½ years in a house of correction (a first offender's sentence may be served on weekends, evenings, or holidays) | Revoked 1 year. Can apply for a 12-hour work/education hardship license after 3 months and a limited hardship license after 6 months. |
| First, 24D disposition | Any penalty under § 24(1)(a)(1) may still be added. The court may also require at least 30 hours of community service. | None required | Suspended 45 to 90 days (210 days if under 21). Can apply to the RMV for a 12-hour hardship license as soon as the program starts. |
| Second | $600 to $10,000 | 60 days to 2½ years. Mandatory minimum 30 days: it cannot be suspended, and there is no probation, parole, or good-time credit until 30 days are served. | Revoked 2 years. Can apply for a 12-hour work/education hardship license after 1 year (the residential or 24D program must be completed first) and a limited hardship license after 18 months. |
| Third | $1,000 to $15,000 | 180 days to 2½ years in a house of correction, or 2½ to 5 years in state prison. Mandatory minimum 150 days. | Revoked 8 years. Can apply for a 12-hour work/education hardship license after 2 years and a limited hardship license after 4 years. |
| Fourth | $1,500 to $25,000 | 2 to 2½ years in a house of correction, or 2½ to 5 years in state prison. Mandatory minimum 12 months. | Revoked 10 years. Can apply for a 12-hour work/education hardship license after 5 years and a limited hardship license after 8 years. |
| Fifth or sixth | $2,000 to $50,000 | At least 2½ years, or 2½ to 5 years in state prison. Mandatory minimum 24 months. | Revoked for life. No hardship license. |
| Seventh or eighth | $2,000 to $50,000 | 3½ to 8 years in state prison. Mandatory minimum 36 months. | Revoked for life. No hardship license. |
| Ninth or more | $2,000 to $50,000 | 4½ to 10 years in state prison. Mandatory minimum 48 months. | Revoked for life. No hardship license. |
Prior offenses count for life, with one exception for a 24D disposition.
Massachusetts: Refused a breath test
| Offense | Fine | Jail | License |
|---|---|---|---|
| 21 or older, no prior | - | - | 180-day suspension |
| Under 21 | - | - | 3-year suspension (plus a separate § 24P suspension of 180 days, or 1 year if under 18) |
| One prior | - | - | 3-year suspension |
| Two priors | - | - | 5-year suspension |
| Three or more priors | - | - | Lifetime suspension |
Prior offenses count for life, with one exception for a 24D disposition.
DUI and OUI topics
Choose the situation closest to yours.
Where DUI cases are heard
In Rhode Island, DUI charges are heard in the District Court, and a first chemical test refusal goes to the Rhode Island Traffic Tribunal. In Massachusetts, OUI charges are usually heard in the District Court or the Boston Municipal Court. Our court guides explain what to expect at each one.
Situations we handle
First Offense DUI / OUI
Under R.I. Gen. Laws § 31-27-2, a first offense carries jail exposure of up to one year, fines, court costs, a mandatory highway-safety assessment, and a mandatory license suspension. Penalties are tiered by blood-alcohol level. The stakes are real, but a first charge is also most defensible at the pretrial stage.
Second & Multiple Offenses
Prior convictions sharply escalate every consequence, often with mandatory minimums, ignition interlock, and felony exposure on a third. If you have a prior, the case needs aggressive pretrial attention from the first phone call.
Drug OUI
Impairment by marijuana, prescription medication, or other drugs is charged under the same statute as alcohol. In Rhode Island, a first drug-impairment conviction can carry the same penalties as the highest blood-alcohol tier. Drug testing issues are often more complex and more open to challenge.
Under-21 / Zero Tolerance
Rhode Island’s zero-tolerance rules apply to drivers under 21 with a blood alcohol level of .02% or more (R.I. Gen. Laws §§ 31-27-2.5 and 31-27-2.7). Massachusetts uses the same .02% threshold (M.G.L. c. 90 § 24P).
License Reinstatement
Whether the suspension came from a refusal, a conviction, or an RMV action in Massachusetts, we handle the reinstatement process. This process usually includes ignition interlock compliance, hardship license requests in the RI Traffic Tribunal or District Court, and RMV hearings in Massachusetts.
Our approach
We pull the recordings and analyze them frame by frame.
Was the stop lawful? Did the officer have probable cause to arrest?
Testing errors happen, and when they do, they can keep a breath result out of evidence.
Calibration, observation period, operator certification, and sample handling.
Every Fourth, Fifth, and Sixth Amendment issue the record will support.
When the facts call for it, we try the case.
What happens next
From the first call to the work itself.
We answer
When you contact us, you are not entering a queue.
What we do. Call 401-621-9700 or request a consultation online. We take your details and check for conflicts of interest before we discuss your matter.
What to prepare. Your contact details, and the names of anyone else involved, such as the other driver, business, or insurer.
We listen
We will give you honest answers about where you stand and what your options are.
What we do. An attorney reviews what happened, the documents you have, and any deadlines that may apply, then talks you through your options.
What to prepare. Any paperwork you were given: the complaint or summons, bail or release conditions, and the date of your next court appearance.
We fight
We prepare every case as though it’s going to trial.
What we do. If you decide to hire the firm, we confirm the engagement and get to work, and you know who is handling your matter.
What to prepare. Keep any new notices, letters, or court papers and send them to us as they arrive.
Every matter is different, so the steps and how long each one takes vary.
Who handles this work
Luke DiLibero, J.D.
Associate, admission pending
Personal injury and vehicle damage claims · Criminal defense and civil litigation support
View profileClient reviews from Google
Trustworthy, professional, and knowledgeable. DiLibero & Associates took the time to explain everything clearly and always made me feel informed throughout the process. Their honesty, responsiveness, and attention to detail gave me confidence every step of the way. I highly recommend them to anyone looking for legal representation they can trust.
Translated from the reviewer's original English on Google.
Tony LevadaOur go to! We have utilized DiLibero & Assoc for a few years now and highly recommend. They are easy to reach, operate in a timely manner, and in each instance- they guided us and handled our situations surpassing our expectations. So grateful to always know exactly where to turn! And to actually get resolution. On top of that being treated with dignity and respect- definitely minimizes the stress when going through difficult predicaments.
Translated from the reviewer's original English on Google.
Aimee ZwolinskiOne of the best experiences i’ve ever had legally was with this firm! Lisa and Dylan are extremely professional and determined to get you a desirable outcome! They kept me well informed throughout the entire process and were nothing but professional, understanding, and helpful. I will always recommend this firm due to its staff’s dedication to getting you results that matter!
Translated from the reviewer's original English on Google.
Elaina MI had a great experience working with Dylan. He helped guide me through a situation I was dealing with involving a car dealership, and from the start he was professional, knowledgeable, and very easy to work with. Dylan took the time to explain everything clearly and made sure I understood my options every step of the way. Even though the situation didn’t require anything overly complicated, it was clear that Dylan really knows his stuff and genuinely cares about helping his clients. He was responsive, straightforward, and made the entire process much less stressful. I would absolutely recommend Dylan to anyone looking for a reliable and trustworthy attorney. Thanks again for your help!
Translated from the reviewer's original English on Google.
Stephensilva SilvaI couldn’t be more impressed with Delibero and Associates. From my very first consultation, they were attentive, professional, and genuinely cared about my case. Dylan took the time to explain every step of the process and kept me informed the entire way. Their expertise and attention to detail gave me complete confidence that I was in excellent hands. What stood out most was their compassion, they treated me like a person, not just a client. The entire team worked efficiently, communicated clearly, and delivered results that exceeded my expectations. If you’re looking for a law office that combines deep legal knowledge with true dedication to their clients, I highly recommend Delibero and Associates. They turned a stressful situation into a positive outcome.
Translated from the reviewer's original English on Google.
Michael MarzilliReviews describe individual clients’ experiences. Every matter is different.
Read all reviews on Google (opens Google Maps in a new tab)
Frequently asked questions
You will typically be booked and given a court date. In Rhode Island, a judge or magistrate orders the license suspension in a DUI case, and after a test refusal it can happen at your first Traffic Tribunal appearance. You have the right to remain silent, the right to an attorney, and the right to an independent test at your own expense. Don’t explain yourself to the police, and call a lawyer before you do anything else.
In Rhode Island, refusing a chemical test is its own case, whether or not you are convicted of DUI. A first refusal is a civil violation in the RI Traffic Tribunal with a license suspension of six months to one year, fines, and assessments. A second refusal within ten years can be charged as a misdemeanor. A refusal usually means no test result to use against you, so whether it helped or hurt depends on the specific facts.
Yes, it happens. DUI cases can turn on procedural issues such as the validity of the traffic stop, whether the field sobriety tests were properly administered, and whether the breath test machine was properly calibrated. A successful motion to suppress can change the outcome.
A DUI arrest can start more than one case. In Rhode Island, the DUI charge is heard in District Court, and a first test refusal is a separate civil case in the RI Traffic Tribunal that can suspend your license at the first appearance. In Massachusetts, the RMV can suspend your license right after arrest. We handle both the criminal case and the license case.
The first conversation is free and carries no obligation. We’ll discuss the facts of your case, tell you what we think the options are, and give you a clear sense of fees before you make any decision.
