In the state of Rhode Island a DUI is an misdemeanor offense, punishable for drivers 21 and above, and is intolerable for drivers under the age of 21. The state breaks down DUI charges based on the level of intoxication, in accordance with the Blood Alcohol Concentration or BAC. The first level consists of a BAC up to a .08. The second level consists of a BAC of up .15. The third level consists of a BAC of above .15.
The first offense at all three level gives the options of up to 1 year jail time or 10 to 60 hours of community service. In this instance, having a Rhode Island DUI lawyer would be beneficial in determining appropriate sentencing. At the first level, the fine for a DUI ranges between $100-$300. At the second level, a fine of $100-$400 is required. At the third level, a fine of $500 and above is required.
When convicted of a DUI in Rhode Island an automatic highway assessment fee of $500 is administered. License suspensions differ at every level of intoxication for the first offense. The first level suspension is between 30- 180 days. The second and third level suspensions are more extreme ranging from 3 – 12 months, and 3-18 months. A Rhode Island DUI Lawyer may be able to obtain modified driving privalages based on a driver’s prior record.
The second offense focuses on two of the three levels of intoxication. The first is a level one, which requires 10 days – 1 year in jail. When convicted of a DUI the driver is required to pay a $400 dollar fine and face a license suspension of 1 – 2 years. The second is a level three, which requires 6 months – 1 year in jail. When convicted of a DUI the driver is required to pay a fine of $100, and face a license suspension of 2 years.
These fines do no include the $500 highway assessment, or the fees acquired with the use of a Rhode Island DUI lawyer. Alcohol treatment, and an Ignition Interlock Device are required of offenders at both levels. All of these penalties are upheld if the second offense took place within 5 years of the first offense.
The third offense results in a felony conviction. This DUI conviction also changes at both the first and third level. The first level requires 1 to 3 years in jail, a $400 fine, and license suspension for 2 to 3 years. The third level requires 3 to 5 years in jail, a fine ranging from $1000.00- $5000.00, and license suspension for 3 years.
When convicted of a third DUI, a mandatory highways assessment fee of $500.00 dollars is required, alcohol testing,and an Ignition Interlock Device is required for 2 years after the conviction at both levels. The state of Rhode Island holds the right to seize a drivers vehicle after the third conviction of a DUI.
Rhode Island’s implied consent law prohibits refusal of any blood, breath, or urine testing. Refusal to comply with officers results in immediate license suspension for 90 days. Other penalties such as community service, fines, and DWI convictions may follow. In any case, it is best to comply with officers and later consult with a Rhode Island DUI lawyer, rather than risk a petty conviction.