DUI and OUI defense
Under 21 DUI and OUI in Rhode Island and Massachusetts
Both states set a 0.02 alcohol limit for drivers under 21. In Rhode Island, a driver aged 18 to 20 who tests at 0.02 to under 0.08 can be found to have been driving while impaired, and drivers under 18 go to Family Court. In Massachusetts, a driver under 21 who tests at 0.02 or more loses the license on the spot, and the RMV adds a separate suspension no matter how the case ends.
Rhode Island: drivers aged 18 to 20
Under R.I. Gen. Laws § 31-27-2.7, a test of 0.02 to under 0.08 for a driver aged 18 to 20 is driving while impaired. It is not a criminal offense, but it is heard in District Court, and the suspension and DWI course cannot be suspended or shortened.
At 0.08 or higher, a driver aged 18 to 20 is charged under the adult DUI law in District Court and faces the same penalties as any adult.
Rhode Island: drivers under 18
Drivers under 18 are handled in Family Court. Under R.I. Gen. Laws § 31-27-2.5, a test of 0.02 to under 0.10 is driving while impaired, and it is not a criminal offense.
A DUI conviction for a driver under 18 brings 10 to 60 hours of community restitution, a 6 to 18 month suspension, the DWI course, and alcohol or drug education or treatment. A second means a suspension until age 21, and the judge may add up to 1 year at the Rhode Island Training School.
| Rhode Island situation | Court | License suspension | Other penalties |
|---|---|---|---|
| Age 18 to 20, BAC 0.02 to under 0.08, first | District Court (not criminal) | 1 to 3 months | Fine up to $250; 30 hours of community service; DWI course |
| Age 18 to 20, BAC 0.02 to under 0.08, second or later | District Court (not criminal) | 3 to 6 months | Fine up to $250 plus $300 assessment; up to 60 hours of service; DWI course and treatment |
| Under 18, BAC 0.02 to under 0.10, first | Family Court (not criminal) | 6 months, up to 12 months | $150 assessment or community service; DWI course |
| Under 18, BAC 0.02 to under 0.10, second | Family Court (not criminal) | Until age 21 | Alcohol or drug treatment |
| Under 18, BAC 0.02 to under 0.10, third or later | Family Court (not criminal) | An additional 2 years | Alcohol or drug treatment |
Refusing the test in Rhode Island
A driver aged 18 to 20 who refuses faces the adult refusal rules, starting with a civil case in the Traffic Tribunal. A driver under 18 who refuses faces the same penalties in Family Court, except that a first refusal means a 6-month suspension, and it is not a criminal offense.
Massachusetts: drivers under 21
If a driver under 21 tests at 0.02 or higher, the officer takes the license right away. It stays suspended until the case is resolved, for up to 30 days.
Under M.G.L. c. 90 § 24P, the RMV also suspends the license of a driver under 21 who was arrested or charged with OUI and tested at 0.02 or higher or refused. This applies whatever happens with the charge. A first-time driver who agrees can enter a Department of Public Health program for underage drinking drivers, which waives the suspension for ages 18 to 20 and cuts it to 180 days for drivers under 18.
| Massachusetts situation | License consequence |
|---|---|
| Test of 0.02 or higher at arrest | License taken on the spot; suspended until the case is resolved, up to 30 days |
| § 24P suspension (0.02 or higher, or a refusal) | 180 days, or 1 year if under 18, regardless of the outcome |
| § 24D program disposition | 210-day suspension plus a program for young drivers (the 14-day in-home program at age 17 to 21 with a BAC of 0.20 or higher) |
| Refusing the breath or blood test | 3-year suspension, plus the § 24P suspension |
| OUI conviction under 18 with no § 24P suspension | 180 days for a first offense, 1 year for a second or later |
Refusal by a driver under 21 in Massachusetts
A refusal suspension starts immediately and runs back to back with any other suspension from the same incident. Hardship licenses are generally barred during a refusal suspension, but a driver who enters a § 24D program can ask the RMV to consider one. The driver is entitled to an RMV hearing on the refusal within 15 days of the suspension.
What parents should know
In Rhode Island, police must notify the custodial parent in writing within 10 days when a driver under 18 is charged with refusal, driving while impaired, or DUI. The Family Court also notifies the parent of any license suspension.
In both states, the license consequences can outlast the court case. A charge may also matter under a school, college, athletic, or employer policy. Those rules vary, so check the handbook or code of conduct that applies.
Your child does not have to face this alone. You can call us together, and we will explain the process in plain terms.
Frequently asked questions
A test of 0.02 or higher counts as driving while impaired: 0.02 to under 0.08 for ages 18 to 20, and 0.02 to under 0.10 for drivers under 18. At 0.08 or higher, an 18 to 20 year old faces an adult DUI.
No. The statutes say driving while impaired under §§ 31-27-2.5 and 31-27-2.7 is not a criminal offense. A first DUI at 0.08 or higher for a driver 18 or older is a misdemeanor.
The § 24P suspension applies whatever the finding on the charge. Entering the underage program waives it for ages 18 to 20 and shortens it for drivers under 18.
The refusal brings a 3-year suspension, plus the separate § 24P suspension of 180 days, or 1 year if under 18.
No. DUI and driving while impaired cases for drivers under 18 are heard in Family Court.
Next step
Help for young drivers and their families
Call 401-621-9700 or send us a message. Lisa DiLibero, Esq., handles the firm's Massachusetts matters. The first conversation is free.