DUI and OUI defense
Rhode Island DUI penalties and defense
In Rhode Island, driving with a blood alcohol concentration (BAC) of 0.08 or more, or while under the influence of alcohol or drugs, is a crime under R.I. Gen. Laws § 31-27-2. A first offense is a misdemeanor, and the penalties depend on your BAC. They rise sharply for a second or third offense within 10 years.
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.
What counts as DUI in Rhode Island
The law covers driving or operating any vehicle while under the influence of alcohol, drugs, toluene, or a controlled substance. A blood, breath, or urine test of 0.08 or more is enough for a conviction. The state can also prove impairment with other evidence, such as a certified drug recognition evaluator. A prescription is not a defense.
Rhode Island DUI penalties by BAC and offense
A first offense has three BAC tiers, and a missing test result falls in the middle one. Repeat offenses have two tiers.
| Offense and BAC | Fine | Jail | License suspension |
|---|---|---|---|
| First: 0.08 to under 0.10, or blood presence of a controlled substance | $100 to $300 | Up to 1 year | 30 to 180 days |
| First: 0.10 to under 0.15, or unknown | $100 to $400 | Up to 1 year | 3 to 12 months |
| First: 0.15 or higher, or under the influence of drugs | $500 | Up to 1 year | 3 to 18 months |
| Second in 10 years: under 0.15 or unknown | $400 | 10 days to 1 year, mandatory | 1 to 2 years |
| Second in 10 years: 0.15 or higher, or drugs | At least $1,000 | 6 months to 1 year, mandatory | 2 years after the sentence ends |
| Third or later in 10 years (felony): under 0.15 or unknown | $400 | 1 to 3 years, mandatory | 2 to 3 years |
| Third or later in 10 years (felony): 0.15 or higher, or drugs | $1,000 to $5,000 | 3 to 5 years, mandatory | 3 years after the sentence ends |
Fees, treatment, and other conditions
A first offense also carries 10 to 60 hours of community service (20 to 60 at 0.15 or higher) and/or jail. Every conviction adds a $500 highway assessment, an $86 fee, and the DWI course and/or treatment. The judge cannot suspend any of these penalties.
At 0.15 or higher, with drugs, or on any repeat offense, the judge must order an ignition interlock and/or blood and urine testing. On a third or later offense, the judge may order your vehicle seized and sold.
The 10-year lookback
For offenses on or after July 1, 2025, prior DUI convictions from the past 10 years count toward a second or third offense. The lookback was 5 years before that date, and an offense committed before then is judged under the old rule. Convictions from other states count, and a prior sustained refusal counts when the suspension length is set.
License suspension, interlock, and hardship licenses
Under R.I. Gen. Laws § 31-27-2.8, you can ask to shorten the suspension in exchange for an interlock and/or testing. A first offense can drop to a 30-day minimum plus 3 months to 1 year of interlock, a second to 45 days plus 6 months to 2 years, and a third to 60 days plus 1 to 4 years.
A hardship license allows 12 continuous hours of driving a day for approved reasons such as work, school, or medical care. It requires an interlock and/or testing, and the judge may order up to 90 days of no driving first.
How a DUI case moves through District Court
Adult DUI cases are heard in the District Court, and drivers under 18 go to Family Court. At arraignment you plead not guilty, guilty, or, with the court's consent, nolo contendere. After a not guilty plea, bail is set and a pretrial conference is scheduled.
The pretrial stage is when evidence is gathered and challenged. Discovery requests and motions to dismiss are generally due within 15 days.
District Court trials are heard by a judge. You have a right to a jury, so the case stays in District Court only if you file a written jury waiver within 10 days of arraignment. If you are found guilty, you can appeal to the Superior Court within 5 days after sentencing for a new trial before a jury. A third offense is a felony prosecuted in the Superior Court.
How a Rhode Island DUI is defended
- The stop. Police generally need reasonable suspicion to pull a car over. Evidence from an unlawful stop can be challenged.
- Field sobriety tests. We look at how the tests were explained and scored, and whether the road, weather, footwear, or an injury affected the results.
- Breath test procedure. A result is admissible only if you consented, the machine was checked for accuracy within 30 days, the operator was certified within 365 days, and you got a copy within 72 hours.
- Your own test. If police refused to allow an additional test, the original result is inadmissible.
- Blood tests. Only a physician, registered nurse, or certified technician may draw blood, and the result must be mailed to you within 30 days.
- Video. If the stop or the station was recorded, we compare the video with the police report.
Frequently asked questions
No. A first or second DUI is generally a misdemeanor. A third within 10 years is a felony, and so is a DUI while your license is suspended for DUI.
The suspension runs 30 days to 18 months, depending on your BAC. On request, it can be cut to a 30-day minimum with an interlock, and a hardship license may be available.
Yes. Rhode Island counts DUI convictions from other states within the 10-year lookback.
Yes. You can appeal to the Superior Court within 5 days after sentencing, and the case is tried again before a jury.
Yes. The state can use other evidence, such as your driving and behavior. A first offense with no test result falls in the 0.10 to under 0.15 tier.
Next step
Talk with a Rhode Island DUI lawyer
Call 401-621-9700 or send us a message. Our Dorrance Street office is a two-minute walk from the Garrahy Judicial Complex. The first conversation is free.