Rhode Island DUI Laws

In 2021, drunk driving accidents killed 13,384 people in the U.S., making up 31% of the country’s total traffic death numbers. Sixty-three of these fatalities occurred in the state of Rhode Island. During the same year, 39% of the state’s alcohol-impaired driving deaths involved a motorist with a BAC of 0.08%. This rate was only surpassed by Montana and Texas.

Driving under the influence and driving while impaired are two common terms used to describe intoxicated driving in Rhode Island. DUI is a crime that can be charged against anyone operating a vehicle while impaired by alcohol, drugs, or any controlled substance. On the other hand, DWI is not a criminal offense, but it can result in serious consequences.

As a way to prevent cases of DUI and DWI in the state, law enforcement has been imposing strict penalties and setting a lower legal limit for intoxication. However, more intervention efforts are needed to fully understand the short- and long-term impacts of these measures. 

In addition to talking about these penalties and measures, this article gives a summary of the DUI and DWI laws in the state and lists helpful resources for both offenders and victims and their families.

What Counts as DUI in Rhode Island?

According to Rhode Island General Laws § 31-27-2, it is unlawful for anyone to drive or operate a vehicle if: 

• They are under the influence of alcohol, drugs, intoxicants, or any controlled substance. 

• Their BAC is 0.08% or higher.

State law says that drivers of commercial vehicles can be charged with DUI if they have a BAC of 0.04% or higher. Moreover, bicycles and similar forms of transportation are considered "vehicles" under the law. This means the same penalties apply to those caught driving under the influence, regardless of whether they are driving a car, truck, bicycle, or another vehicle.

The prohibition against driving with a BAC of 0.08% or more is known as “per se DUI.” In other words, a person can be found guilty of DUI based solely on their BAC. Nevertheless, even if a driver’s BAC is below the legal limit, they can still be charged with DUI if they show signs of being impaired by alcohol or drugs.

Furthermore, the state has a zero-tolerance policy for drugged driving, including those involving marijuana. Consequently, residents can be arrested and charged with DUI for driving with any detectable amount of drugs in their system. A police officer can obtain evidence of drug-impaired driving through blood and urine tests, as well as their own observations. Even though Rhode Island has legalized the medical and recreational use of marijuana, those legally entitled to use drugs are not allowed to drive under the influence.

Generally, to prove a DUI charge, the state must show beyond a reasonable doubt that a driver was so impaired by alcohol or drugs that they could not drive safely. A judge may consider a vehicle to be "operated" even if it is not moving, as long as one is in the driver's seat and has physical control of the vehicle.

In one case, a man in Rhode Island was arrested for DUI while sitting in his parked car. He argued that he wasn't driving because his car wasn't moving. But the Supreme Court said that even if his car was not in motion, he would still be guilty of DUI under the law.

Note that a DUI charge in Rhode Island can lead to two separate proceedings: one with the DMV and one with the court system.

What Counts as DWI in Rhode Island?

Anyone under 21 in Rhode Island can be charged with DWI if they have a BAC of at least 0.02%, and it does not matter if they do not show signs of being drunk. DWI is a civil violation, so for drivers under 18, their DWI case will be referred to the Family Court.

It is also illegal for people under the age of 21 to drive with alcohol in their car, even if it is unopened. However, this law does not apply to minors transporting unopened alcohol for their job or those with a parent or other family member over 21. Essentially, those under 21 cannot drive a car that contains any alcohol in it, even if they are not planning to drink it. This law is in place to prevent underage drinking and driving.

What Is Rhode Island’s Implied Consent Law?

Rhode Island's implied consent law says that anyone who drives a vehicle in the state has agreed to take a breathalyzer, blood, or urine test if a police officer has reason to believe they are driving under the influence of alcohol or drugs.

What Are the Penalties for a DUI in Rhode Island?

Rhode Island has strict punishments for people who drive under the influence of alcohol or drugs. The state looks back at the past five years to see if a person has been previously convicted of DUI. This is because having a history of DUI convictions translates to harsher penalties. In line with this, here are the punishments an offender may face if found guilty of DUI/DWI:

First-Offense DUI Penalties in Rhode Island Based on BAC

BAC between 0.08 and 0.099

• Up to one year in jail.

• $800 in fines.

• 10 to 60 hours of community service.

• 30 to 180 days of license suspension.

• Possible enrollment in a driving school and/or alcohol treatment program.

BAC between 0.10 and 0.15

• Up to one year in jail.

• $800 in fines.

• 10 to 60 hours of community service.

• Three to 12 months of license suspension.

• Mandatory enrollment in a driving school and/or alcohol treatment program.

BAC Unknown

• Up to one year in jail.

• $800 in fines.

• 10 to 60 hours of community service.

• Three to 12 months of license suspension.

• Mandatory enrollment in a driving school and/or alcohol treatment program.

BAC Greater than 0.15

• Up to one year in jail.

• $1,200 in fines.

• 20 to 60 hours of community service.

• Three to 12 months of license suspension.

• Mandatory enrollment in a driving school and/or alcohol treatment program.

Blood Test Results Indicating Drug Impairment

• Up to one year in jail.

• $1,200 in fines.

• 20 to 60 hours of community service.

• Three to 12 months of license suspension.

• Mandatory enrollment in a driving school and/or alcohol treatment program.

Second-Offense DUI Penalties in Rhode Island Based on BAC

To be charged with a second DUI offense in Rhode Island, the defendant must have been convicted of a prior DUI charge within the last five years. 

BAC between 0.08 and 0.15

• Up to one year in jail with a mandatory minimum of 10 days.

• $1,200 in fines.

• One to two years of license suspension.

• Mandatory alcohol and/or drug treatment.

BAC Greater than 0.15

• Up to one year in jail with a mandatory minimum of six months.

• $1,750 in fines.

• One to two years of license suspension.

• Mandatory alcohol and/or drug treatment.

Third-Offense DUI Penalties in Rhode Island Based on BAC

To be charged with a third offense in Rhode Island, the defendant must have been convicted of two prior DUI charges within the last five years. A third offense upgrades a misdemeanor to a felony. 

BAC between 0.08 and 0.15

• Up to three years in jail, with a mandatory minimum of one year.

• $1,200 in fines.

• Two to three years of license suspension.

• Mandatory alcohol and/or drug treatment.

BAC Greater than 0.15

• Up to five years in jail with a mandatory minimum of three years.

• $1,000 to $5,000 in fines.

• Three years of license suspension.

• Mandatory alcohol and/or drug treatment.

Underage DWI Penalties in Rhode Island

The punishments for DUI/DWI offenses for drivers under the age of 21 and 18 are found in RIGL § 31-27-2.7 and § 31-27-2.5, respectively.

First Offense of a Driver Under 21 but at Least 18

• $250 in fines.

• One to three months of license suspension.

• DWI school attendance.

• Alcohol treatment program, if ordered by the district court judge.

• 30 hours of community service.

Second Offense of a Driver Under 21 but at Least 18

• $250 in fines.

• $300 highway assessment fee.

• Three to six months of license suspension.

• DWI school attendance.

• Alcohol treatment program.

• 60 hours of community service.

First Offense of a Driver Under 18

• $150 highway assessment fee.

• Six to 12 months of license suspension.

• A special course on DWI.

• Alcohol and/or drug treatment program, if ordered by the Family Court.

Second Offense of a Driver Under 18

• $150 highway assessment fee.

• License suspension until the driver turns 21.

• Alcohol and/or drug treatment program.

Third Offense of a Driver Under 18

• $150 highway assessment fee.

• License suspension for an additional period of two years.

• Alcohol and/or drug treatment program.

What Is Rhode Island’s Dram Shop Law?

The Rhode Island Liquor Liability Act enables drunk driving victims to sue the bar or restaurant that served the responsible drunk driver with alcohol. This is because an establishment can be held liable if it negligently or recklessly serves alcohol to someone visibly intoxicated or under the age of 21.

In this case, negligence pertains to a dramshop not taking reasonable care to prevent a drunk driver from getting alcohol. An example is when a bartender serves alcohol to someone who is already drunk or underage. Meanwhile, recklessness is a more serious offense. It means that a bar or restaurant knows or should have known that giving alcohol to a drunk driver is dangerous but does it anyway.

The state also recognizes common-law negligence. Under RIGL § 3-14-9, an establishment may be held liable if it not only serves alcohol but also fails to monitor customers showing visible signs of intoxication, even allowing them to leave its premises and drive away.

In 2017, the Rhode Island House and Senate passed a law requiring alcohol vendors or establishments to maintain liquor liability and commercial general liability insurance as a condition for applying for or renewing their liquor license. The coverage, which should not be less than $300,000, aims to protect dramshops from liability claims arising from alcohol-related incidents. 

How Can Rhode Island DUI Victims Claim Damages?

In Rhode Island, a DUI offender can be sued in civil court even if they are not convicted in criminal court. In a civil lawsuit, the plaintiff must prove the defendant’s actions caused their injuries by showing that:

• The defendant owed them a duty of care. This means that the defendant had a legal obligation to act reasonably to avoid causing harm to them. 

• The defendant breached the duty of care by acting negligently. Negligence is defined as failing to act as a reasonably prudent person would act in the same situation.

• The breach of duty caused their injuries. 

• They suffered damages as a result of their injuries.

Examples of evidence that a plaintiff can use in a DUI civil lawsuit include:

• The defendant's BAC result. 

• Accident reconstruction and police reports. 

• Eyewitness testimonies. 

• Photographs of the scene. 

• Surveillance footage.

If the plaintiff is successful in proving liability, they may be awarded damages for their economic losses, such as medical bills, vehicle repair costs, and lost income. They may also be awarded damages for their non-economic losses, including pain and suffering, emotional distress, and loss of consortium.

Note that the state does not have a limit on the damages one can recover in this type of personal injury lawsuit, as long as the amount the plaintiff is seeking can be justified. In fact, Rhode Island even allows drunk driving victims to sue the liable party for twice the amount of their damages. Additionally, if the victim in a drunk driving case passes away, there is a minimum award of $250,000.

Aside from compensatory damages, which are meant to cover their actual losses, the court may award punitive damages if the driver acted with malice or willful and wanton conduct, which means they recklessly disregarded the safety of others.

Rhode Island law also states that a plaintiff who is partially at fault for a DUI accident can still recover compensation for their injuries. However, the amount of compensation will be reduced according to their percentage of fault. This means that, for instance, a victim deemed to be 10% at fault for the accident that caused their injuries can only obtain 90% of the total compensation awarded to them.

What Is the Statute of Limitations in Rhode Island?

In Rhode Island, a victim has three years to file a lawsuit against the driver who caused their injury, regardless of how much money they are seeking in damages. This amount of time is called the statute of limitations. The three-year period begins on the day of one’s accident and applies to all vehicular crashes in Rhode Island, including those caused by drunk drivers.

The statute of limitations for criminal offenses involving DUI is also three years. However, the state could still prosecute a drunk driver even after this period has passed.

Rhode Island allows surviving family members of a deceased person to sue for damages from the responsible person or entity through a wrongful death claim. This must be filed within three years of the death, or the family members will lose the right to sue.

There are, however, a few exceptions to the statute of limitations, such as the following: 

• If the plaintiff in the lawsuit is mentally incapacitated or under 18, they have three years after they become mentally competent or reach the age of 18 to file the lawsuit. 

• If the plaintiff is suing a government agency, they must first file a written claim with the Rhode Island Attorney General's Office within three years of the death.

Resources for Folks Injured by an Impaired Driver in Rhode Island

This section describes three programs by organizations aiming to educate and support individuals affected by alcohol- and other substance-abuse-related incidents in Rhode Island.

Alcoholics Anonymous Rhode Island

AARI is a support group that helps people with alcoholism achieve sobriety. It holds meetings where people can share their experiences with addiction and recovery in a safe and supportive environment. Meetings are held in person, online, or over the phone and can be found in a variety of locations, such as churches, clubhouses, office buildings, treatment centers, and even parks. AARI welcomes people from all walks of life, including those attending treatment or court programs. To join AARI, one may visit its website or email the Rhode Island Central Service Committee at rics@rhodeisland-aa.org. 

Crime Victim Compensation Program

The CVCP is a financial assistance program for victims of crime and their families in Rhode Island. It can help with expenses not covered by insurance or other sources, such as medical bills, funeral costs, lost wages, and counseling. The CVCP can provide up to $25,000 in reimbursement. If you want to participate in the program, you can send your application online through http://cvcapp.treasury.ri.gov/, fax it to 401-462-7694, or mail it to the Office of the Rhode Island General Treasurer at State House, Room 102 Providence, RI 02903.

Victims of Crime Act Program Rhode Island

The VOCA program, run by the U.S. Department of Justice's Office for Victims of Crime, helps state programs that give financial aid to crime victims for their out-of-pocket expenses. It also helps people with their basic needs, counseling, and education. VOCA gives grants to community-based organizations and public service agencies that provide services directly to victims. To apply, visit  the Office of Accounts and Control website or contact the East Bay Community Action Program by calling 401-437-1000, ext. 1009.