The amount of alcohol in a driver’s blood determines whether
or not he or she can be arrested for driving under the influence in Rhode
Island. The state allows a minimal amount of alcohol in a driver’s blood before
it constitutes a DWI or Driving While Intoxicated.
Even if drivers never anticipate taking to the roadways
after drinking, it can still benefit them to know how DWI in Rhode Island is
defined. They can also benefit by learning about what legal penalties go along
with this serious criminal and traffic infraction.
DUI in Rhode Island
Rhode Island uses the acronym of DWI instead of DUI as in
other states. DWI stands for Driving While Intoxicated. As a per se definition,
it applies to drivers who are 21 years and older who have blood alcohol content
or BAC levels of 0.08 percent or higher.
The per se definition, which allows law enforcement officers
to detain drivers if they can smell the presence of alcohol or witness drivers
acting inebriated, also applies to drivers of personally owned vehicles like
cars, trucks and motorcycles. It does not extend to drivers of commercial
vehicles. Rhode Island has a separate BAC level of 0.04 percent or higher for
CDL drivers.
The definition of DWI in Rhode Island for most drivers also
includes being under the influence of any alcohol, drug or controlled
substance. It similarly involves driving with any amount of a scheduled
controlled substance or illegal drug in one’s blood.
Drivers under the age of 21 must abide by the state’s
zero-tolerance law. This law says that drivers under 21 cannot drive with a BAC
of 0.02 percent or higher. Like adult drivers, they can face any number of
penalties that stay on their driving record until they turn 21.
Finally, Rhode Island allows for a DWI to be charged as an
aggravated offense. To meet this criteria, the driver must have a BAC of 0.15
percent or higher.
DWI Penalties in Rhode Island
Rhode Island uses a variety of legal penalties that are
designed to encourage drivers to avoid getting behind the wheel while they are
drunk or high. A first DWI in Rhode Island leads to penalties like:
- Up to
one year in jail - $100
to $400 in fines - 30
days to 12 months’ license suspension
A second DWI conviction in Rhode Island typically results in
punishments like:
- 10
days to one year in jail - A $400
fine - License
suspension of one to two years
A third DWI conviction leads to:
- One to
three years in jail - A $400
fine - License
suspension of two to three years
Aggravated DWI convictions in Rhode Island are met with
harsher penalties. A first-time aggravated DWI garners the offender up to one
year in jail, a $500 fine, and a license suspension of three to 18 months.
A second aggravated DWI conviction leads to the driver
receiving six to 12 months behind bars, a fine of at least $1000, and a license
suspension of two years. A third aggravated DWI conviction results in three to
five years in jail, a fine ranging from $1000 to $5000, and a three years’
license suspension.
Everyone convicted of a DWI in Rhode Island, aggravated or
not, must also take a court-approved DWI class or finish a treatment program.
They also must pay a $500 highway safety assessment fee.
Underage DWI in Rhode Island
Underage DWI offenders also receive penalties that can be
difficult for them to accommodate as drivers who are younger than 21. An
underage driver convicted of a first-time DWI in this state can receive:
- A fine
of $250 - 30
hours of community service - One to
three months license suspension - Possible
court-ordered DWI class or treatment
A second underage DWI in Rhode Island leads to penalties of:
- A $250
fine - $300
highway safety assessment fee - 60
hours of community service - Three
to six month license suspension - Completion
of a DWI class or treatment
The underage DWI also stays on the offender’s record until
he or she turns 21.
The penalties in Rhode Island for DWI are designed to
convince drivers to operate motor vehicles safely. They can be difficult to
afford and take time away from one’s home and family. They also can be given to
drivers of all ages including those who are under the age of 21.