The penalties for being found guilty of DUI in Rhode Island can vary depending on your prior record and the severity of the case. If you take a breathalyzer test or blood test and fail, under Rhode Island law, the potential penalties are enhanced depending upon the chemical test results. For the purposes of determining whether you have a prior offense, under Rhode Island law, a prior offense is a conviction in Rhode Island or an out-of-state conviction within five years. Even if your prior DUI conviction is outside of five years, a judge still will consider prior DUI offenses in imposing a sentence.

The penalties for a second or third offense DUI in Rhode Island can be quite severe. While a typical first offense is unlikely to involve jail time, a second and third offense involves mandatory jail time and a judge is likely to exceed the minimum penalty.

RHODE ISLAND FIRST OFFENSE DUI PENALTIES: .08 -.1

30 TO 180 DAY LOSS OF LICENSE

IMPRISONMENT FOR NOT MORE THAN ONE YEAR

10-60 HOURS COMMUNITY SERVICE

FINE OF $100.00 TO $400.00.

Alcohol Treatment

RHODE ISLAND FIRST OFFENSE DUI PENALTIES: .1 TO .15 OR BLOOD ALCOHOL PERCENT UNKNOWN, REFUSAL CASE.

3 TO 12 MONTHS LOSS OF LICENSE

IMPRISONMENT NOT MORE THAN ONE YEAR

10-60 HOURS COMMUNITY SERVICE

FINE OF $ 100.00 TO 400.00.

ALCOHOL TREATMENT

RHODE ISLAND FIRST OFFENSE DUI PENALTIES: .15 AND ABOVE

3 TO 18 MONTH LOSS OF LICENSE

IMPRISONMENT FOR NOT MORE THAN ONE YEAR

500.00 FINE

20 - 60 HOURS COMMUNITY SERVICE

ALCOHOL TREATMENT

RHODE ISLAND SECOND OFFENSE: .08 - .15

SUSPENSION OF LICENSE FOR ONE TO TWO YEARS

SENTENCE OF NOT LESS THAN TEN DAYS NOR MORE THAN ONE YEAR IN JAIL

MANDATORY FINE OF $ 400.00

2 YEAR PROHIBITION ON OPERATING A VEHICLE NOT EQUIPPED WITH AN IGNITTION INTERLOCK SYSTEM FOR A PERIOD OF TWO YEARS FOLLOWING THE COMPLETION OF SENTENCE.

RHODE ISLAND SECOND OFFENSEE: .15 OR MORE

MANDATORY IMPRISONMENT OF NOT LESS THAN SIX MONTHS NOR MORE THAN ONE YEARA MANDATORY LICENSE SUSPENSION OF TWO YEARS.

A MANDATORY FINE OF NOT LESS THAN $ 1000.00

2 YEAR PROHIBITION ON OPERATING A VEHICLE NOT EQUIPPED WITH AN IGNITTION INTERLOCK SYSTEM FOR A PERIOD OF TWO YEARS FOLLOWING THE COMPLETION OF SENTENCE.

RHODE ISLAND THIRD OFFENSE: .08 TO .15: FELONY

MINIMUM MANDATORY ONE YEAR IMPRISONMENT WITH MAXIMUM OF THREE YEARS IMPRISONMENT.

MANDATORY FINE OF $ 400.00

LICENSE SUSPENSION OF 2 TO 3 YEARS, SENTENCE OF NOT LESS THAN ONE YEAR AND NOT MORE THAN THREE YEARS.

MANDATORY FINE OF $ 400.00

ALCOHOL TREATMENT

2 YEAR PROHIBITION ON NOT OPERATING A MOTOR VEHICLE THAT IS NOT EQUIPPED WITH AN IGNITION KEY LOCK DEVICE FOR A PERIOD OF TWO YEARS FOLLOWING THE COMPLETION OF SENTENCE.

RHODE ISLAND THIRD OFFENSE: .15 OR MORE: FELONY

MANDATORY IMPRISONMENT OF NOT LESS THAN THREE YEARS NOR MORE THAN FIVE YEARS

A MANDATORY LICENSE SUSPENSION FOR THREE YEARS.

ALCOHOL TREATMENT

SEIZURE OF MOTOR VEHICLE AT THE DISCRETION OF JUDGE.

MANDATORY FINE OF NOT LESS THAN 1000 NOR MORE THAN $5000.00.

2 YEAR PROHIBITION ON NOT OPERATING A MOTOR VEHICLE THAT IS NOT EQUIPPED WITH AN IGNITION KEY LOCK DEVICE FOR A PERIOD OF TWO YEARS FOLLOWING THE COMPLETION OF SENTENCE.