Rhode Island DUI Laws

Q: What is the legal BAC limit in Rhode Island?

The per se limit is 0.08% (RIGL § 31-27-2(b)(1)), measured by blood, breath, or urine. The offense also covers impairment by alcohol, drugs, toluene, or any controlled substance. A BAC of 0.15+ triggers enhanced penalties at every tier. The commercial threshold is 0.04% and the under-21 threshold is 0.02%.

Q: What are the penalties for a first DUI in Rhode Island?

A first offense is a misdemeanor. STANDARD 1st (BAC 0.08–<0.15): $100–$400 fine, 10–60 hours community service, up to 1 year in jail, and a 30-day–12-month license suspension. HIGH-BAC 1st (BAC ≥ 0.15 or drug): mandatory $500 fine, 3–18-month suspension, mandatory IID. A $500 highway assessment and a special DUI course also apply.

Q: What are the penalties for a second DUI in Rhode Island?

A second offense within 10 years is a misdemeanor. STANDARD 2nd (<0.15): mandatory $400 fine, 10 days–1 year in jail (48 consecutive), 1–2-year license suspension. HIGH-BAC 2nd (≥0.15 or drug): mandatory 6mo–1yr jail, mandatory $1,000 fine, 2-year suspension from sentence completion, mandatory IID.

Q: When does a Rhode Island DUI become a felony?

A THIRD offense within 10 years is a felony: 1–3 years imprisonment (3–5 years if BAC ≥ 0.15 or drug) under § 31-27-2(d)(3). DUI-while-license-suspended-for-a-prior-DUI is a separate felony (up to 3 yr) under (d)(4). DUI resulting in death is a felony carrying 5–15 years (10–20 for a 2nd within 5 yr) under § 31-27-2.2.

Q: Does Rhode Island require an ignition interlock device after a DUI?

IID is mandatory for a high-BAC (≥0.15) or drug impairment sub-case at every tier. For standard BAC cases, the judge MAY impose IID under § 31-27-2.8 to REDUCE the mandatory suspension period: a first can be reduced to a 30-day floor on IID for 3 months–1 year; a second to 45 days on IID for 6 months–2 years; a third to 60 days on IID for 1–4 years.

Q: What happens if I refuse the breath or blood test in Rhode Island?

A FIRST refusal is a CIVIL traffic-tribunal offense: $200–$500, 10–60 hrs community service, 6mo–1yr suspension. A second refusal within 10 yr is a misdemeanor (up to 6 months, $600–$1,000); a third+ is a misdemeanor (up to 1 year, $800–$1,000). Refusal of a BLOOD test stays civil even on repeat offenses. Refusal is inadmissible at the criminal DUI trial unless you testify.

Q: How long do prior DUIs count against me in Rhode Island?

Rhode Island uses a 10-year lookback window (§ 31-27-2(d)(2)/(3)). Out-of-state convictions count. A separate 5-year window applies only to DUI-resulting-in-death sentence enhancement: a second § 31-27-2.2 death offense within 5 years raises the term from 5–15 years to 10–20 years.

Q: What is Rhode Island's under-21 BAC rule?

Rhode Island enforces a 0.02 under-21 threshold through the administrative license-revocation framework and § 31-27-2.1. At 0.08+ the full adult criminal DUI under § 31-27-2 and its penalties apply.

Q: What if my Rhode Island DUI causes injury or death?

DUI resulting in SERIOUS BODILY INJURY is a separate felony under § 31-27-2.6: a first offense carries 1–10 years in prison, a $1,000–$5,000 fine, and license revocation of up to 2 years (a second within 5 years carries 2–15 years, $3,000–$10,000, and up to 4 years). DUI resulting in DEATH is a separate felony under § 31-27-2.2: a first offense carries 5–15 years in prison, a $5,000–$10,000 fine, and a 5-year license revocation; a second within 5 years carries 10–20 years and $10,000–$20,000. IID may be required for 1–5 years as an additional condition for either offense (§ 31-27-2.8(d)).

Last reviewed July 2026 · 6 primary sources · How we research and review these pages

Reviewed by the LegalLimit editorial team →

Standard BAC limit

0.08%

Enhanced BAC threshold

0.15%

Commercial driver BAC

0.04%

Under-21 BAC

0.02%

Prior-offense lookback

10-year window

Aggravating factors

High BAC (≥ 0.15) or drug impairment — re-grades every tier: Under RIGL § 31-27-2(d)(1)(iii)/(2)(ii)/(3)(ii), a BAC of 0.15 or above (or impairment by a drug, toluene, or controlled substance) re-grades the offense at every tier: a first carries a mandatory $500 fine and 3–18-month suspension; a second carries mandatory 6mo–1yr jail and a 2-year suspension; a third is a felony carrying mandatory 3–5 years. IID is mandatory in the high-BAC sub-case.
DUI resulting in death (5–15 years; 10–20 years for a 2nd within 5): Under RIGL § 31-27-2.2, causing the death of another while DUI is a separate felony. A first violation carries 5–15 years in prison and a $5,000–$10,000 fine, plus a 5-year license revocation (§ 31-27-2.2(b)(1)). A second within 5 years carries 10–20 years and $10,000–$20,000 (§ 31-27-2.2(b)(2)). IID may be required for 1–5 years as an additional condition (§ 31-27-2.8(d)).
DUI resulting in serious bodily injury (felony, 1–10 years): Under RIGL § 31-27-2.6, causing "serious bodily injury" (defined in (b) as physical injury creating a substantial risk of death, or serious disfigurement, or protracted loss/impairment of a bodily member or organ) to a person other than the operator while DUI is a separate felony. A first violation carries 1–10 years in prison, a $1,000–$5,000 fine, and license revocation of up to 2 years (§ 31-27-2.6(c)). A second or subsequent conviction within 5 years carries 2–15 years, $3,000–$10,000, and license revocation of up to 4 years (§ 31-27-2.6(d)). IID and/or blood-urine testing may be required for 1–5 years as an additional condition under § 31-27-2.8(d).
DUI with a child under 13 passenger (separate misdemeanor/felony): Under RIGL § 31-27-2(d)(5)(ii), a person 18+ who commits DUI while a child under 13 is a passenger faces immediate license suspension pending prosecution. A first offense is a misdemeanor (up to 1 year and $1,000); a second or subsequent offense is a felony (up to 5 years and $5,000), with up to a 2-year license suspension.
DUI while license suspended for a prior DUI (felony, ≤3 years): Under RIGL § 31-27-2(d)(4), driving under the influence while one's license is suspended/revoked/cancelled for a prior DUI or refusal is a felony carrying up to 3 years imprisonment and up to $3,000. (An offender who has served the suspension period but not yet been reinstated is exempted.)

Rhode Island prosecutes impaired driving as DUI under RIGL § 31-27-2. The per se limit is 0.08 (blood, breath, or urine), and the offense also covers impairment by alcohol, drugs, toluene, or any controlled substance. The penalty ladder is keyed on BOTH the offense count within a 10-year lookback AND the BAC band. A BAC of 0.15+ (or drug impairment) re-grades the offense at every tier: a first carries a mandatory $500 fine and 3–18-month suspension; a second carries mandatory 6mo–1yr jail and a 2-year suspension; a third is a felony carrying mandatory 3–5 years. A third offense within 10 years is a felony (1–3 years standard, 3–5 years high-BAC). IID may be imposed under § 31-27-2.8 to REDUCE the mandatory suspension period (3 months–1 year for a first; 6 months–2 years for a second; 1–4 years for a third; 2–10 years for a third-or-subsequent refusal). Refusal is a CIVIL offense on a first instance ($200–$500, 6mo–1yr suspension) and a MISDEMEANOR on a second/third within 10 years — except that refusal of a BLOOD test specifically stays civil at every tier (§ 31-27-2.1(c)(4)/(5)). Refusal is inadmissible at the criminal trial unless the defendant testifies (§ 31-27-2(c)(1)). DUI causing death is a separate felony carrying 5–15 years (10–20 for a 2nd within 5 years) plus a 5-year license revocation (§ 31-27-2.2). DUI with a child under 13 passenger, and DUI while suspended for a prior DUI, are separate enhanced offenses. The under-21 threshold is 0.02; the commercial threshold is 0.04.

Rhode Island DUI penalties by offense tier

Offense tier	Fine	Jail	License action	Ignition interlock
First offense (misdemeanor; re-graded at BAC ≥ 0.15)	$100–$500 (Standard 1st BAC 0.08–<0.10: $100–$300 (§ 31-27-2(d)(1)(i)). 1st BAC 0.10–<0.15 or unknown: $100–$400 (d)(1)(ii). 1st BAC ≥ 0.15 or drug: mandatory $500 (d)(1)(iii). Plus a mandatory $500 highway-assessment fee (d)(6)(i) and $86 fee (d)(6)(ii).; High-BAC 1st carries a $500 mandatory fine (§ 31-27-2(d)(1)(iii)); standard 1st maxes at $300–$400.)	0 days–1 year (No mandatory minimum jail for a first offense at any BAC band.; Maximum 1 year (§ 31-27-2(d)(1)(i)/(ii)/(iii) — "imprisoned for up to one year").)	Suspended for 30–540 days — STANDARD 1st BAC 0.08–<0.10: 30–180 days (d)(1)(i). 1st BAC 0.10–<0.15: 3–12 months (d)(1)(ii). 1st BAC ≥ 0.15 or drug: 3–18 months (d)(1)(iii). Under § 31-27-2.8(b)(1), the judge may REDUCE the mandatory suspension to a 30-day floor on installation of an IID for 3 months–1 year (or blood/urine testing for drug offenders).	Required if BAC ≥ 0.15 or restricted license or restoration (3 months–1 year)
Second offense within 10 years (misdemeanor; re-graded at BAC ≥ 0.15)	$400–$1,000 (STANDARD 2nd (<0.15): mandatory $400 (§ 31-27-2(d)(2)(i)). HIGH-BAC 2nd (≥0.15/drug): mandatory $1,000 (d)(2)(ii).; STANDARD 2nd max is the $400 mandatory (§ 31-27-2(d)(2)(i)). HIGH-BAC 2nd (d)(2)(ii) sets a mandatory $1,000 FLOOR with no statutory ceiling — the structured $1,000 reflects the standard-tier cap and the high-BAC floor; a high-BAC 2nd offender faces an uncapped-above-$1,000 fine in practice (subject to the judge's general sentencing discretion).)	10 days–1 year (STANDARD 2nd (<0.15): mandatory 10 days–1yr, of which 48 hours must be served consecutively (§ 31-27-2(d)(2)(i)). HIGH-BAC 2nd (≥0.15/drug): mandatory 6 months–1 year (d)(2)(ii).; Maximum 1 year for both standard and high-BAC second (§ 31-27-2(d)(2)(i)/(ii)).)	Suspended for 365–730 days — STANDARD 2nd (<0.15): 1–2 years (§ 31-27-2(d)(2)(i)). HIGH-BAC 2nd (≥0.15/drug): 2 years from date of sentence completion (d)(2)(ii). Under § 31-27-2.8(b)(3), the judge may reduce the suspension to a 45-day floor on installation of an IID for 6 months–2 years (mandatory IID order for a high-BAC 2nd).	Required if BAC ≥ 0.15 or restricted license or restoration (6 months–2 years)
Third+ offense within 10 years (felony)	$400–$5,000 (STANDARD 3rd (<0.15): mandatory $400 (§ 31-27-2(d)(3)(i)). HIGH-BAC 3rd (≥0.15/drug): $1,000–$5,000 (d)(3)(ii).; High-BAC 3rd maxes at $5,000 (§ 31-27-2(d)(3)(ii)).)	1 year–5 years (STANDARD 3rd (<0.15): 1–3 yr (§ 31-27-2(d)(3)(i)). HIGH-BAC 3rd (≥0.15/drug): mandatory 3–5 yr (d)(3)(ii). DUI-while-license-suspended-for-prior-DUI (d)(4): up to 3 yr. DUI-resulting-in-death (§ 31-27-2.2(b)(1)): 5–15 yr.; High-BAC 3rd maxes at 5 yr (§ 31-27-2(d)(3)(ii)). The § 31-27-2.2 death offense reaches 15 yr (20 yr for a 2nd within 5 yr) — see aggravating factors.)	Suspended for 730–1095 days — STANDARD 3rd (<0.15): 2–3 years (§ 31-27-2(d)(3)(i)). HIGH-BAC 3rd (≥0.15/drug): 3 years from sentence completion (d)(3)(ii). Under § 31-27-2.8(b)(5), the judge may reduce the suspension to a 60-day floor on installation of an IID for 1–4 years. The court may order vehicle seizure and sale (d)(3)(iii).	Required if BAC ≥ 0.15 or restricted license or restoration (1 year–4 years)

Frequently asked questions

What is the legal BAC limit in Rhode Island?

The per se limit is 0.08% (RIGL § 31-27-2(b)(1)), measured by blood, breath, or urine. The offense also covers impairment by alcohol, drugs, toluene, or any controlled substance. A BAC of 0.15+ triggers enhanced penalties at every tier. The commercial threshold is 0.04% and the under-21 threshold is 0.02%.

What are the penalties for a first DUI in Rhode Island?

A first offense is a misdemeanor. STANDARD 1st (BAC 0.08–<0.15): $100–$400 fine, 10–60 hours community service, up to 1 year in jail, and a 30-day–12-month license suspension. HIGH-BAC 1st (BAC ≥ 0.15 or drug): mandatory $500 fine, 3–18-month suspension, mandatory IID. A $500 highway assessment and a special DUI course also apply.

What are the penalties for a second DUI in Rhode Island?

A second offense within 10 years is a misdemeanor. STANDARD 2nd (<0.15): mandatory $400 fine, 10 days–1 year in jail (48 consecutive), 1–2-year license suspension. HIGH-BAC 2nd (≥0.15 or drug): mandatory 6mo–1yr jail, mandatory $1,000 fine, 2-year suspension from sentence completion, mandatory IID.

When does a Rhode Island DUI become a felony?

A THIRD offense within 10 years is a felony: 1–3 years imprisonment (3–5 years if BAC ≥ 0.15 or drug) under § 31-27-2(d)(3). DUI-while-license-suspended-for-a-prior-DUI is a separate felony (up to 3 yr) under (d)(4). DUI resulting in death is a felony carrying 5–15 years (10–20 for a 2nd within 5 yr) under § 31-27-2.2.

Does Rhode Island require an ignition interlock device after a DUI?

IID is mandatory for a high-BAC (≥0.15) or drug impairment sub-case at every tier. For standard BAC cases, the judge MAY impose IID under § 31-27-2.8 to REDUCE the mandatory suspension period: a first can be reduced to a 30-day floor on IID for 3 months–1 year; a second to 45 days on IID for 6 months–2 years; a third to 60 days on IID for 1–4 years.

What happens if I refuse the breath or blood test in Rhode Island?

A FIRST refusal is a CIVIL traffic-tribunal offense: $200–$500, 10–60 hrs community service, 6mo–1yr suspension. A second refusal within 10 yr is a misdemeanor (up to 6 months, $600–$1,000); a third+ is a misdemeanor (up to 1 year, $800–$1,000). Refusal of a BLOOD test stays civil even on repeat offenses. Refusal is inadmissible at the criminal DUI trial unless you testify.

How long do prior DUIs count against me in Rhode Island?

Rhode Island uses a 10-year lookback window (§ 31-27-2(d)(2)/(3)). Out-of-state convictions count. A separate 5-year window applies only to DUI-resulting-in-death sentence enhancement: a second § 31-27-2.2 death offense within 5 years raises the term from 5–15 years to 10–20 years.

What is Rhode Island's under-21 BAC rule?

Rhode Island enforces a 0.02 under-21 threshold through the administrative license-revocation framework and § 31-27-2.1. At 0.08+ the full adult criminal DUI under § 31-27-2 and its penalties apply.

What if my Rhode Island DUI causes injury or death?

DUI resulting in SERIOUS BODILY INJURY is a separate felony under § 31-27-2.6: a first offense carries 1–10 years in prison, a $1,000–$5,000 fine, and license revocation of up to 2 years (a second within 5 years carries 2–15 years, $3,000–$10,000, and up to 4 years). DUI resulting in DEATH is a separate felony under § 31-27-2.2: a first offense carries 5–15 years in prison, a $5,000–$10,000 fine, and a 5-year license revocation; a second within 5 years carries 10–20 years and $10,000–$20,000. IID may be required for 1–5 years as an additional condition for either offense (§ 31-27-2.8(d)).

Sources

RIGL ch. 31-10.3 — Commercial Driver's License (CMV disqualification framework) (R.I. Gen. Laws, via Justia) — Accessed July 7, 2026
RIGL § 31-27-2 — Driving under influence of liquor or drugs (R.I. Gen. Laws, via Justia) — Accessed July 7, 2026
RIGL § 31-27-2.1 — Refusal to submit to chemical test (R.I. Gen. Laws, via Justia) — Accessed July 7, 2026
RIGL § 31-27-2.2 — Driving under the influence of liquor or drugs, resulting in death (R.I. Gen. Laws, via Justia) — Accessed July 7, 2026
RIGL § 31-27-2.6 — Driving under the influence of liquor or drugs, resulting in serious bodily injury (R.I. Gen. Laws, via Justia) — Accessed July 7, 2026
RIGL § 31-27-2.8 — Ignition interlock system and/or blood/urine testing as a part of sentence (R.I. Gen. Laws, via Justia) — Accessed July 7, 2026

Rhode Island DUI Laws

Frequently asked questions

Sources

Related states