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What Happens When You Get A DUI In Rhode Island?

Posted by Ken Barrett | Aug 24, 2016 | 0 Comments

If you've received a DUI in the state of Rhode Island, you may be confused as to what happens next. Find out below what the process looks like and what your options are.

In Rhode Island, driving while intoxicated (DUI) is a misdemeanor for first time offenders. It is illegal in Rhode Island to drive with a blood alcohol concentration (BAC) of .08 or above. The .08 percent limit is the standard measurement used by all states for the “impaired” driver. If you are pulled over under the suspicion of drunk driving, you may be asked to take a breathalyzer test. You do NOT have to submit to a breathalyzer test. However, if you refuse, the police will likely charge you with a second, separate offense for refusal to submit to a breathalyzer. Refusal to take a breathalyzer test after being pulled over will result in the suspension of your license. If you submit to a breathalyzer test, the results can be used against you in court, which may be enough evidence to support a conviction. 

After receiving a DUI in the state of Rhode Island, what follows will depend on the facts surrounding your particular case. Generally, after being arrested, you will be required to go to an arraignment at District Court and enter a plea of either guilty or not guilty. You will also have the option to ask for a jury trial, as opposed to a bench trial. If you refused the chemical test or blood test, you will also be arraigned at the Rhode Island Traffic Tribunal in Cranston for refusal to submit to a chemical test (which is a civiil matter).

An experienced Rhode Island DUI Attorney can guide you through the process and help protect your rights. Without the guidance of an experienced Rhode Island DUI Attorney, there is a high probability that you will have your license taken away for an extended period of time, you will have to pay exorbitant fees and assessments, complete mandatory community service, and you will have to complete an education program. Your insurance rates will likely go up as a result of the DUI. In order to prove you had liability insurance at the time of the incident, you will also want to obtain an SR-22 form.

Consequences you may face for a drunk driving charge include:

  • Fines
  • Jail Time
  • Probation
  • SCRAM bracelet

For the first DUI offense in Rhode Island, the possible consequences include:

  • Up to 1 year in jail
  • $100 to $500 in fines and penalties
  • License suspension for two to 18 months
  • Ignition Interlock Device will not be required

For the second DUI offense in Rhode Island, the possible consequences include:

  • 10 days to one year in jail
  • $400 to $1,000 in fines and penalties
  • License suspension for one to two years
  • Ignition Interlock Device required

For the third DUI offense in Rhode Island, the possible consequences include:

  • One to five years in jail
  • $400 to $5,000 in fines and penalties
  • License suspension for a minimum of two years
  • Ignition Interlock Device required

Although rare, after several drunk driving offenses, it is also possible to lose your car. A DUI could remain on your record for five years or more. This can be an issue any time you need to have a background check, whether it is for a new job or an apartment.

Have you been arrested on a DUI charge in Rhode Island? Learn more about the process and what your options are from a certified Rhode Island Criminal Attorney. Click here to contact us now!

About the Author

Ken Barrett

Attorney Kensley Barrett is a skilled criminal defense lawyer with a proven track record in handling a wide range of cases in Rhode Island. Known for his strong background in trial advocacy and negotiation, Barrett is dedicated to providing personalized and effective representation for his clients. Recognized as a "Rising Star" by Super Lawyers and with a 10.0 "Superb" rating on Avvo, he consistently achieves successful outcomes, including acquittals, dismissals, and reduced charges.


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Kensley Barrett

Our law firm was founded on the belief that working with us is more than just hiring a lawyer. Working with us will bring you peace of mind and also allow you to continue with your regular life while we attend to your legal matters. Our vast experience means that it allows us to excel in both aggressively representing your interests and generating the best possible result for you.