Rhode Island DUI Law

Rhode Island is infamously known for its strict DUI law, as violators are usually charged with such penalties as extensive jail time, fines, ignition interlock devices being installed in their vehicles, community service, mandatory attendance at a victims panel, and so on.

A DUI in Rhode Island may be prosecuted one of two ways. One way that an individual can be prosecuted for a DUI is if they are operating a vehicle under the influence of alcohol and/or drugs. This can be proven in a court of law through sobriety test results, chemical test results, and the observations made by the arresting officer of the defendant’s driving patterns and physical condition (i.e. if the defendant had red/watery eyes and slurred speech, etc).

The second way an individual may be prosecuted for DUI in Rhode Island DUI is for violating the “per se” law. This law states that if an individual has a blood alcohol content (BAC) of .08 percent or higher they are intoxicated under Rhode Island law. Interestingly, a person does not have to be physically or mentally impaired in order to violate this law. All that matters in this scenario is their body chemistry and not their observed level of impairment.

Further details of Rhode Island DUI Law

There are certain particularities within Rhode Island’s DUI law that are very important to comprehend, such as the concept of the “washout” period. The “washout” or “look-back” period is a concept within Rhode Island DUI law that specifies that if an individual receives a DUI charge on a certain date, and five years later receives a subsequent DUI charge, the second charge is then viewed as a first time offense.

Rather fortunately, Rhode Island DUI charges are viewed as misdemeanors. However, a third DUI offense within five years is considered a felony, and will carry with it much harsher penalties than a first time offense.

Like many other states, a DUI arrest in Rhode Island will trigger two separate cases. The first is a criminal case, where an individual will be faced with such penalties as imprisonment, fines, community service and so on. However, the second case will be a Rhode Island Division of Motor Vehicles hearing, where the offender may have their driving privileges temporarily revoked for ninety days for a first offense, three years for a second offense, and even longer periods of time for subsequent offenses.

It is easy to understand why Rhode Island’s DUI law is viewed as fairly harsh, thus making it highly advisable that you contact a DUI defense lawyer for consultation. If you are arrested and charged for a DUI in Rhode Island, it is strongly recommended that call a DUI defense lawyer immediately.