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Rhode Island DUI Penalties

Implied Consent Laws

Laws requiring drivers assumed of driving under the influence to give in to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Rejection carries penalties that can include compulsory suspension of a driving license for up to a year.

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Blood-Alcohol Concentration

In Rhode Island, any driver with a blood-alcohol concentration - or BAC - above .08 percent is measured “per se intoxicated” under the law. Under this statute, this substantiation is all that is necessary for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).

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Zero Tolerance Blood-Alcohol Concentration

In all states, “zero tolerance laws” focal point on drivers not of legal drinking age. In Rhode Island, persons under the age of 21 operating a motor vehicle with a .02 percent blood-alcohol level or over are subject to DUI penalties.

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Enhanced Penalty Blood-Alcohol Concentration

In some states there is a more severe punishment for those convicted of DUI with a principally high blood-alcohol content at the point in time of arrest; this is generally .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Rhode Island.

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Administrative License Suspension/Revocation Penalties

These penalties are minimum mandatory penalties compulsory on drivers with a blood-alcohol concentration above Rhode Island’s maximum acceptable level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content.

Penalties involve suspension or revocation (meaning transitory or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Rhode Island, for the first DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.

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Vehicle Confiscation

The consequence of vehicle confiscation for DUI conviction – either undyingly or temporarily - is a opportunity in some states, usually for repeat offenders. This is not a penalty option in Rhode Island.

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Ignition Interlock

An ignition interlock device attaches to the condemned DUI offender’s motor vehicle and requires the driver to do a breath-test before the vehicle will start. While this penalty for DUI conviction is a option in some states, this is not an choice in Rhode Island.

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Mandatory Alcohol Education and Assessment/Treatment

Alcohol education and prevention program, treatment for alcohol abuse, and evaluation of a person for possible alcohol or drug dependency can be required for DUI offenders in Rhode Island. These steps are often suggested instead of serving a sentence of incarceration or paying fines.

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