Rhode Island prohibits a motorist from operating a vehicle:
However, the penalties a driver faces depend, in part, on which of the three types he or she is convicted of.
When a person is convicted of a DWI, the judge has the discretion to determine the penalties but is required to stay within certain ranges that are established by law. Theses ranges relate to the number of prior DWI offenses the driver has within the past five years, the driver's BAC, how impaired the driver was, and whether the DWI involved drugs.
For drivers found guilty of driving with a BAC of .08% or greater or with any amount of illegal drugs in their system will be subject to the following penalties:
1st Offense |
2nd Offense |
3rd Offense |
|
Jail |
Up to 1 year |
10 days to 1 year |
1 to 3 years |
Fines |
$100 to $400 |
$400 |
$400 |
License Suspension |
30 days to 12 months |
1 to 2 years |
2 to 3 years |
For drivers who had a BAC of .15% or greater and who were under the influence of (impaired by) a controlled substance, the following increased penalties apply:
1st Offense |
2nd Offense |
3rd Offense |
|
Jail |
Up to 1 year |
6 to 12 months |
3 to 5 years |
Fines |
$500 |
$1,000 minimum |
$1,000 to $5,000 |
License Suspension |
3 to 18 months |
2 years |
3 years |
For certain drivers, the judge can order the use and installation of an ignition interlock device (IID). The installation of the IID may be a burden, but it can greatly reduce the suspension period. Here are the IID and suspension periods for a first, second, and third offense:
A hardship license may be available for first-time offenders who plead guilty and show a need for transportation. The license requires an IID, but allows the driver to operate a vehicle for work, school, or treatment purposes during the suspension period.