Rhode Island · DUI · Checked October 2026
Rhode Island DUI Penalties: First, Second and Third Offense
Rhode Island DUI Penalties: What Are the Rules?
Rhode Island sets DUI penalties by offense, and they rise with each conviction.
- 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
- Lookback period
- 10 years
Rhode Island DUI Penalties by 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. |
Other First Offense Penalties in Rhode Island
- 10 to 60 hours of public community restitution (20 to 60 hours at BAC 0.15 or more), and/or up to 1 year in jail
- Special course on driving while intoxicated (DWI school) and/or alcohol or drug treatment
- $500 highway assessment fine and an $86 fee on every conviction
- DWI course tuition of at least $25 plus a $175 fee
- No fine, suspension, assessment, course, treatment, community restitution or jail term under § 31-27-2 can be suspended
Official source: other first offense penalties (Rhode Island)
Other Second Offense Penalties in Rhode Island
- Prior counts if within a ten-year period, including out-of-state DUI convictions
- Mandatory alcohol or drug treatment
- $500 highway assessment fine and an $86 fee
Official source: other second offense penalties (Rhode Island)
Other Third Offense Penalties in Rhode Island
- Third or subsequent violation within a ten-year period, including out-of-state DUI convictions
- The judge may order the violator's vehicle seized and sold by the state
- Mandatory alcohol or drug treatment
- $500 highway assessment fine and an $86 fee
Official source: other third offense penalties (Rhode Island)
When Penalties Are Higher in Rhode Island
- 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 treatment
- 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).
- 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.
- 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 treatment
- 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.
When a DUI Is 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.R.I. Gen. Laws § 31-27-2(d)(3), (d)(4), (d)(5)(ii); § 31-27-2.2
How Far Back Prior Offenses Count in Rhode Island
10 years. A prior DUI counts toward second- and third-offense penalties when it falls within a ten-year period, including DUI convictions from other states. For license-suspension periods, a prior violation includes any charge sustained under § 31-27-2 or the refusal statute § 31-27-2.1.R.I. Gen. Laws § 31-27-2(d)(2), (d)(3), (d)(5)(i)
Official source: how far back prior offenses count (Rhode Island)
More on DUI Law in Rhode Island
See the full overview of DUI laws in Rhode Island and read about first-offense DUI penalties across the states.
This page summarizes Rhode Island law from official sources, checked October 2026. It isn't legal advice; 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).
What Is the Penalty for a Second DUI in Rhode Island?
Jail: 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). Fine: mandatory $400 (BAC 0.08 to under 0.15 or unknown); at least $1,000 (BAC 0.15 or more or drugs). License suspension: 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).
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.