Rhode Island · DUI · Checked October 2026

DUI Laws in Rhode Island

What Happens if You Get a DUI in Rhode Island?

Rhode Island calls it DUI, and the legal limit for adult drivers is 0.08 blood alcohol content.

First offense jail: Up to 1 year
First offense fine: $100 to $300 (BAC 0.08 to under 0.10); $100 to $400 (BAC 0.10 to under 0.15, or BAC unknown); $500 (BAC 0.15 or more, or under the influence of drugs)
First offense license: 30 to 180 days (BAC 0.08 to under 0.10); 3 to 12 months (BAC 0.10 to under 0.15 or unknown); 3 to 18 months (BAC 0.15 or more or drugs)
Felony: A third or subsequent DUI within a ten-year period is a felony. A second or subsequent DUI with a child under 13 in the vehicle, a DUI while the license is suspended for a DUI, and a DUI resulting in death are also felonies

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

Rhode Island DUI Laws: Key Facts

Legal limit (adults): 0.08 BACR.I. Gen. Laws § 31-27-2(b)(1), (d)(1); § 31-10.3-31; § 31-27-2.7; § 31-27-2.5
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0.02 BAC (Drivers 18 to 20 with a BAC of at least 0.02 but under 0.08 are 'driving while impaired' (a civil, non-criminal violation). Drivers under 18 with a BAC of at least 0.02 but under 0.10 are 'driving while impaired' under a separate family-court section.)
Enhanced penalties from: 0.15 BAC
Lookback period: 10 years

Rhode Island DUI Penalties by Offense

DUI penalties in Rhode Island for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge	misdemeanor	misdemeanor	felony
Jail	up to 1 year	10 days to 1 year (BAC 0.08 to under 0.15, unknown, or controlled-substance presence), with at least 48 hours served consecutively; 6 months to 1 year mandatory (BAC 0.15 or more or under the influence of drugs)	1 to 3 years (BAC 0.08 to under 0.15, unknown, or controlled-substance presence), with at least 48 hours served consecutively; 3 to 5 years mandatory (BAC 0.15 or more or under the influence of drugs)
Fine	$100 to $300 (BAC 0.08 to under 0.10); $100 to $400 (BAC 0.10 to under 0.15, or BAC unknown); $500 (BAC 0.15 or more, or under the influence of drugs)	mandatory $400 (BAC 0.08 to under 0.15 or unknown); at least $1,000 (BAC 0.15 or more or drugs)	mandatory $400 (BAC 0.08 to under 0.15 or unknown); $1,000 to $5,000 (BAC 0.15 or more or drugs)
License suspension	30 to 180 days (BAC 0.08 to under 0.10); 3 to 12 months (BAC 0.10 to under 0.15 or unknown); 3 to 18 months (BAC 0.15 or more or drugs)	1 to 2 years (BAC 0.08 to under 0.15 or unknown); 2 years from completion of the sentence (BAC 0.15 or more or drugs)	2 to 3 years (BAC 0.08 to under 0.15 or unknown); 3 years from completion of the sentence (BAC 0.15 or more or drugs)
Ignition interlock	The judge may order an ignition interlock and/or blood and urine testing for BAC under 0.15; the judge shall order it for BAC 0.15 or more or drug impairment. On request, the suspension can be reduced to a minimum 30 days plus 3 months to 1 year of interlock and/or blood and urine testing.	Required: the judge shall prohibit driving a vehicle without an ignition interlock and/or blood and urine testing. On request, the suspension can be reduced to a minimum 45 days plus 6 months to 2 years of interlock and/or testing.	Required: the judge shall prohibit driving a vehicle without an ignition interlock and/or blood and urine testing. On request, the suspension can be reduced to a minimum 60 days plus 1 to 4 years of interlock and/or testing.

First offense: R.I. Gen. Laws § 31-27-2(a), (d)(1), (d)(6), (i), (j); § 31-27-2.8(b)(1) · Second offense: R.I. Gen. Laws § 31-27-2(d)(2); § 31-27-2.8(b)(3) · Third offense: R.I. Gen. Laws § 31-27-2(d)(3); § 31-27-2.8(b)(5)

When Penalties Are Higher

First offense with BAC 0.10 to under 0.15, or BAC unknown: Fine $100 to $400, 10 to 60 hours community restitution and/or up to 1 year in jail, 3 to 12 month license suspension, mandatory DWI course and/or treatmentR.I. Gen. Laws § 31-27-2(d)(1)(ii)
BAC 0.15 or more, or under the influence of a drug, toluene or controlled substance: First offense: $500 fine, 20 to 60 hours community restitution and/or up to 1 year in jail, 3 to 18 month suspension, mandatory interlock and/or blood and urine testing. Second: 6 months to 1 year mandatory jail, at least $1,000 fine, 2-year suspension. Third: 3 to 5 years mandatory jail, $1,000 to $5,000 fine, 3-year suspension (felony).R.I. Gen. Laws § 31-27-2(d)(1)(iii), (d)(2)(ii), (d)(3)(ii)
Driver over 18 with a child under 13 in the vehicle: Immediate license suspension pending prosecution. First offense: misdemeanor, up to 1 year in jail and up to $1,000 fine. Second or subsequent: felony, up to 5 years and up to $5,000. License suspension up to 2 years, DWI course, alcohol or drug education and/or treatment, and up to a $500 highway assessment.R.I. Gen. Laws § 31-27-2(d)(5)(ii)
DUI while the license is suspended, revoked or cancelled for a DUI: Felony: up to 3 years in prison and up to $3,000 fine, plus required alcohol and/or drug treatmentR.I. Gen. Laws § 31-27-2(d)(4)
DUI resulting in death: First violation: 5 to 15 years in prison, $5,000 to $10,000 fine, 5-year license revocation. Second or subsequent within 5 years: 10 to 20 years, $10,000 to $20,000 fine, 5-year revocation.R.I. Gen. Laws § 31-27-2.2

More on Rhode Island DUI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

First refusal (civil): $200 to $500 fine, 10 to 60 hours community restitution, 6 month to 1 year suspension, DWI course and/or treatment, possible interlock. Second within 10 years: misdemeanor, up to 6 months in jail, $600 to $1,000 fine, 60 to 100 hours restitution, 1 to 2 year suspension, mandatory interlock. Third or subsequent within 10 years: misdemeanor, up to 1 year in jail, $800 to $1,000 fine, at least 100 hours restitution, 2 to 5 year suspension. Refusing a blood test stays a civil offense even on a repeat, with a 2-year suspension (second) or 2 to 5 years (third). Every violator also pays a $500 highway safety assessment and a $200 Department of Health chemical testing assessment.R.I. Gen. Laws § 31-27-2.1(c)

Official source: if you refuse a breath or blood test in Rhode Island

Getting a Conditional Hardship License

Only a Rhode Island court can grant it, for a suspension under the DUI statute (§ 31-27-2) or the refusal statute (§ 31-27-2.1). On a first offense or an initial refusal suspension, the magistrate shall grant it on request after a finding of need and proof of an installed ignition interlock (or blood and urine testing for drug-only cases). For alcohol-related convictions the judge may first impose up to 90 days without a license. It allows driving for 12 continuous hours a day for approved reasons such as work, medical appointments, job training, school or religious purposes, and must be reported to the DMV Adjudication Office to add the restriction.

Official source: getting a conditional hardship license in Rhode Island

Ignition Interlock

First offense: Discretionary for a first offense with BAC under 0.15; mandatory (interlock and/or blood and urine testing) for a first offense at BAC 0.15 or more or with drug impairment Repeat offenses: Mandatory for second and third or subsequent offenses (interlock and/or blood and urine testing) On request, a mandatory suspension is reduced by imposing interlock and/or testing: first offense, minimum 30-day suspension plus 3 months to 1 year; first refusal, 30 days plus 6 months to 2 years; second offense, 45 days plus 6 months to 2 years; second refusal, 60 days plus 1 to 4 years; third offense, 60 days plus 1 to 4 years; third refusal, 90 days plus 2 to 10 years. The driver pays for the device and it must be monitored at least every six months. Violating an interlock order is a misdemeanor punishable by up to 1 year and up to $1,000.

Official source: ignition interlock in Rhode Island

Can a DUI Come Off Your Record?

A first offender may move to expunge a misdemeanor conviction, including a DUI, in the court where the conviction took place. The multiple-misdemeanor expungement route (more than one but fewer than six misdemeanors) does not allow convictions under § 31-27-2 (DUI) or § 31-27-2.1 (refusal) to be expunged. Waiting period: 5 years after completing the sentence for a misdemeanor (first offender); 10 years after completing the sentence for a felony Applies to first offenders: people with no other prior felony or misdemeanor conviction or probation and no pending criminal case. Crimes of violence cannot be expunged, and all court-imposed fines, fees and costs must be paid unless reduced or waived by the court.

Official source: can a dui come off your record? in Rhode Island

Drivers Under 21

Drivers 18 to 20 who test at a BAC of at least 0.02 but under 0.08 are found to have been driving while impaired, a non-criminal violation heard in district court. Drivers under 18 who test at 0.02 to under 0.10 are driving while impaired under a family-court section; under-18 drivers convicted of DUI face a separate juvenile penalty scale. Ages 18 to 20 (BAC 0.02 to under 0.08): first violation, fine up to $250, 30 hours community restitution, 1 to 3 month suspension and DWI course; second or subsequent, fine up to $250 plus a $300 highway safety assessment, up to 60 hours restitution, 3 to 6 month suspension, DWI course and treatment. Under 18 (BAC 0.02 to under 0.10): $150 highway safety assessment or community restitution, 6 to 12 month suspension on a first violation; second violation, suspension until age 21; third, an additional 2 years. Under-18 refusal: 6-month suspension on a first violation.

Official source: drivers under 21 in Rhode Island

Driving After Using Drugs

Yes. The same statute covers driving under the influence of intoxicating liquor, drugs, toluene, any controlled substance, or any combination. A first offense with a blood presence of any scheduled controlled substance is sentenced in the lowest tier; being under the influence of a drug or controlled substance is sentenced in the 0.15-or-more tier. Being legally entitled to use a drug is not a defense. Courts may substitute blood and urine testing for an interlock in drug-only cases.

Official source: driving after using drugs in Rhode Island

More on DUI Law in Rhode Island

For the state's own guidance, see Rhode Island Division of Motor Vehicles: Alcohol or Drug-related License Suspensions.

This page summarizes Rhode Island law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Rhode Island can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DUI in Rhode Island?

Jail: up to 1 year. Fine: $100 to $300 (BAC 0.08 to under 0.10); $100 to $400 (BAC 0.10 to under 0.15, or BAC unknown); $500 (BAC 0.15 or more, or under the influence of drugs). License suspension: 30 to 180 days (BAC 0.08 to under 0.10); 3 to 12 months (BAC 0.10 to under 0.15 or unknown); 3 to 18 months (BAC 0.15 or more or drugs).

When Is a DUI a Felony in Rhode Island?

A third or subsequent DUI within a ten-year period is a felony. A second or subsequent DUI with a child under 13 in the vehicle, a DUI while the license is suspended for a DUI, and a DUI resulting in death are also felonies.