Official State of Rhode Island website

State of Rhode Island Division of Motor Vehicles Department of Revenue

Penalties

IT IS AGAINST THE LAW FOR A DRIVER OF ANY AGE TO CONSUME AN ALCOHOLIC BEVERAGE or DRUG WHILE DRIVING.

Chemical Test Refusal
Under 18 years of age
1st Violation
■ 6 month license suspension
■ $200 department of health chemical testing program assessment
■ $200 - $500 fine
■ Special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol/drug treatment
■ $500 highway safety assessment
■ 10 - 60 hours of community service
2nd Violation (within a 5 year period)
■ Up to 6 months of incarceration
■ $200 department of health chemical testing program assessment
■ License suspension until age 21
■ 60 – 100 hours of community service
■ $600 - $1,000 fine
■ Alcohol/drug treatment
■ $500 highway safety assessment
3rd or subsequent violation (within a 5 year period)
■ Up to 1 year of incarceration
■ $200 department of health chemical testing program assessment
■ 2 – 5 year license suspension
■ 100 hours or more of community service
■ $800 - $1,000 fine
■ Alcohol/drug treatment
■ $500 highway safety assessment
Driving While Impaired (DWI)
Under 18 years of age
BAC 0.02% - 0.08%
1st Violation
■ 6 – 12 month license suspension
■ Special course on driving while intoxicated or under the influence of a controlled substance
■ $150 highway safety assessment or community restitution
■ Alcohol/drug treatment
2nd Violation
■ License suspension until age 21
■ Special course on driving while intoxicated or under the influence of a controlled substance
■ $150 highway safety assessment or community restitution
■ Alcohol/drug treatment
3rd or subsequent violation
■ Additional 2 year license suspension
■ Special course on driving while intoxicated or under the influence of a controlled substance
■ $150 highway safety assessment or community restitution
■ Alcohol/drug treatment
Driving under the influence (DUI)
Under 18 years of age
BAC 0.08% or above
1st Violation
■ 6 – 18 month license suspension
■ Special course on driving while intoxicated or under the influence of a controlled substance
■ $500 highway safety assessment
■ Alcohol/drug education and/or treatment
■ 10 – 60 hours of community service
2nd or subsequent violation
■ Up to 1 year of incarceration and/or $500 fine
■ Special course on driving while intoxicated or under the influence of a controlled substance
■ License suspension until age 21
■ Alcohol/drug treatment
Driving while impaired (DWI)
18-21 years of age
BAC: 0.02% - 0.08%
1st Violation
■ 1 – 3 month license suspension
■ Special course on driving while intoxicated or under the influence of a controlled substance
■ $250 fine
■ Alcohol/drug education and/or treatment
■ 30 hours of community service
2nd violation
■ 3 – 6 month license suspension
■ 60 hours of community service
■ $250 fine
■ Special course on driving while intoxicated or under the influence of a controlled substance
■ $300 highway safety assessment
■ Alcohol/drug treatment
Chemical Test Refusal
Adults
1st Violation
■ 6 month - 1 year license suspension
■ $200 department of health chemical testing program assessment
■ $200 - $500 fine
■ Special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol/drug treatment
■ $500 highway safety assessment
■ 10 - 60 hours of community service
2nd Violation (within a 5 year period) - Misdemeanor
■ Up to 6 months in prison
■ $200 department of health chemical testing program assessment
■ 1 - 2 year license suspension
■ 60 – 100 hours of community service
■ $600 - $1,000 fine
■ Alcohol/drug treatment
■ $500 highway safety assessment
3rd or subsequent violation (within a 5 year period) - Misdemeanor
■ Up to 1 year in prison
■ $200 department of health chemical testing program assessment
■ 2 – 5 year license suspension
■ 100 hours or more of community service
■ $800 - $1,000 fine
■ Alcohol/drug treatment
■ $500 highway safety assessment
Driving under the influence (DUI)
21 years of age or older
BAC: 0.08% - 0.1%
1st Violation - Misdemeanor
■ Up to 1 year in prison
■ $86 fee
■ 30 – 180 day license suspension
■ 10 – 60 hours of community service
■ $100 - $300 fine
■ Special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol/drug treatment
■ $500 highway safety assessment
BAC: 0.1% - 0.15% (or unknown)
1st Violation - Misdemeanor
■ Up to 1 year in prison
■ $86 fee
■ 3 – 12 month license suspension
■ 10 – 60 hours of community service
■ $100 - $400 fine
■ Special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol/drug treatment
■ $500 highway safety assessment
BAC: 0.15% or above
1st Violation - Misdemeanor
■ Up to 1 year in prison
■ $86 fee
■ 3 – 18 month license suspension
■ 20 – 60 hours of community service
■ $500 fine
■ Special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol/drug treatment
■ $500 highway safety assessment
BAC: 0.08% - 0.15% (or unknown)
2nd violation (within a 5-year period) – Misdemeanor
■ 10 days - 1 year in prison
■ $400 fine
■ 1 – 2 year license suspension
■ $500 highway safety assessment
■ Use of ignition interlock system for 1 – 2 years following the completion of the sentence
■ $86 fee
■ Alcohol/drug treatment
BAC: 0.15% or above
2nd violation (within a 5-year period) – Misdemeanor
■ 6 months - 1 year in prison
■ $500 highway safety assessment
■ 2 year license suspension
■ $86 fee
■ $1,000 fine
■ Alcohol/drug treatment
BAC: 0.08% - 0.15% (or unknown)
3rd or subsequent violation (within a 5-year period) – Felony
■ 1 - 3 years in prison
■ $400 fine
■ 2 - 3 year license suspension
■ $500 highway safety assessment
■ Use of ignition interlock system for 2 years following the completion of the sentence
■ $86 fee
■ Alcohol/drug treatment
■ Seizure of the vehicle by the state
BAC: 0.15% or above
3rd or subsequent violation (within a 5-year period) – Felony
■ 3 - 5 years in prison
■ $500 highway safety assessment
■ 3-year license suspension following the completion of the sentence
■ $86 fee
■ $1,000 - $5,000 fine
■ Alcohol/drug treatment
■ Seizure of the vehicle by the state
Driving under the influence (DUI)
Serious bodily injury resulting
1st Violation - Felony
■ 1 – 10 years in prison
■ Up to 2-year license revocation
■ $1,000 - $5,000 fine
■ Alcohol/drug treatment
2nd Violation (within a 5 year period) - Felony
■ 2 – 15 years in prison
■ $3,000 - $10,000 fine
■ Up to 4-year license revocation
■ Alcohol/drug treatment
Driving under the influence (DUI)
Death Resulting
1st Violation - Felony
■ 5 – 15 years in prison
■ $5,000 - $10,000 fine
■ 5-year license revocation
■ Alcohol/drug treatment
2nd or subsequent violation (within a 5 year period) - Felony
■ 10 – 20 years in prison
■ $10,000 - $20,000 fine
■ 5-year license revocation
■ Alcohol/drug treatment

R.I.G.L. 3-8-9, Transportation of alcoholic beverages by underage persons. Any person who has not reached his or her twenty-first (21st) birthday and who operates a motor vehicle upon the public highways, except when accompanied by a parent or legal guardian, and, knowingly having liquor or intoxicating beverages in any form in containers, opened or unopened, in any part of the vehicle, shall have his/her license suspended or his/her right to operate a motor vehicle denied for a period of not more than thirty (30) days by the administrator of the division of motor vehicles. This section does not apply to persons between the ages of sixteen (16) and twenty-one (21) who are transporting unopened alcoholic beverages in the course of their employment.

R.I.G.L. 3-8-10, Possession of beverage by underage persons. Any person who has not reached his or her twenty-first (21st) birthday and has in his or her possession any (alcoholic type) beverage as defined in this title shall be fined one hundred fifty dollars ($150) to seven hundred fifty dollars ($750) for the first offense, three hundred dollars ($300) to seven hundred fifty dollars ($750) for the second offense, and four hundred fifty dollars ($450) to seven hundred fifty dollars (($750) for the third or subsequent offense. In addition, any person who violates this section may be required to perform community service and shall be subject to a minimum sixty (60) day suspension of his or her driver’s license, and upon a second offense may be ordered to undergo a substance abuse assessment by a licensed substance abuse professional.

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