Criminal Defense Lawyer John E. MacDonald, Inc. of Providence, Rhode Island
Schedule a ConsultationGetting arrested and charged with DUI is one of the most alarming experiences you can have in life. This is especially true when you consider just how severe Rhode Island DUI penalties are compared to other parts of the US.
While the legal BAC (blood alcohol concentration) limit is .08%, you can still be charged with a crime even if your BAC is below that number. This is just one example of how complex the laws regarding DUI in Rhode Island are.
With decades of successful experience in Rhode Island criminal defense, John E. MacDonald has the knowledge and attention to detail needed to build the strongest possible defense for your case.
If you or a loved one are facing Rhode Island DUI penalties, call (401) 421.1440 today to schedule your free consultation.
Many aggravating factors can impact the potential Rhode Island DUI penalties you face, including:
Per R.I. Gen. Laws § 31-27-2, the potential penalties for your first DUI offense in Rhode Island vary depending on your BAC.
If your BAC was between .08 and .1%, or if the presence of drugs was detected, your potential penalties include:
If your BAC is unknown, or if your BAC was between .10 and .15, you’re facing:
If your BAC registered above .15, or if you were under the influence of a drug, the possible consequences are:
For second and subsequent DUI offenses in RI, you need to be aware of the “Lookback Period.” Currently, state law dictates a 5-year period for subsequent DUIs.
If your first DUI conviction in RI was more than 5 years ago and you’re convicted again tomorrow, you’d be sentenced as though it were your first DUI. But if you were convicted sometime in the past 5 years, this arrest would be treated as a second or subsequent offense.
Beyond that, the potential penalties depend on your BAC at the time of the DUI.
If your BAC was between .08 and .15%, your BAC is unknown, or if the presence of drugs was detected, you may be sentenced to:
If your BAC registered above .15%, or you were under the influence of a drug, you face the following penalties:
Just like with your second DUI offense in Rhode Island, the lookback period in this situation is 5 years. For a third offense, if your BAC was between .08% and .15%, your BAC is unknown, or the presence of drugs was detected, your potential penalties are:
If your BAC was .15% or above, or you were under the influence of a drug, the possible consequences include:
In Rhode Island, it’s unlawful for any person under the age of 21 to operate a motor vehicle if their BAC is .02% or higher.
If this is your first underage DUI offense, the potential penalties include:
For a second or subsequent underage DUI conviction, you may be sentenced to:
If your DUI resulted in bodily injury or death, you’re most likely facing felony charges. These are far more serious than a misdemeanor offense. As a result, the potential consequences are also very severe.
If your Rhode Island DUI resulted in death, the penalties include:
For a Rhode Island DUI resulting in serious bodily injury, you may be sentenced to:
Your potential Rhode Island DUI penalties can shift drastically if there was a minor under the age of 13 present in the vehicle at the time of the offense. This is grounds for the immediate suspension of your license.
Additional penalties for DUI with a minor in the vehicle include:
If you’ve been charged with DUI in Rhode Island, you can’t avoid the life-altering consequences looming over you. You may think it’ll be simpler to accept the charges than to fight for your freedom, but nothing could be further from the truth.
If you’re caught driving while your license is suspended or revoked for DUI, you can be hit with a 3-year jail sentence and a $3,000 fine. It just isn’t worth the risk.
The best thing you can do is to work with a lawyer who’s deeply familiar with Rhode Island DUI penalties and the most effective legal defense strategies. With decades of successful experience defending clients charged with DUI, the Law Office of John E. MacDonald is committed to helping you achieve the best possible outcome.
If you or a loved one have been charged with DUI in Rhode Island, call (401) 421.1440 today to schedule your free consultation.
No, jail time isn’t mandatory for a first DUI offense in Rhode Island. While this charge carries a potential 1-year jail sentence, so long as no one sustained serious injuries, you may not face any jail time.
That said, there’s no way to guarantee what the judge’s final ruling will be. The best way to avoid jail time following your first DUI offense in Rhode Island is by hiring a skilled, experienced RI DUI defense attorney to advocate on your behalf.
Under R.I. Gen. Laws § 31-27-2.1, if you refuse a breathalyzer test in Rhode Island, you face the following penalties:
Yes, there are alternative sentencing options for DUI offenders in Rhode Island, such as the relatively new diversion program. If you’re eligible, you may be able to have your offense dismissed and/or sealed upon completion of the program.
To get a clear understanding of how you can minimize your Rhode Island DUI penalties through alternative sentencing options, call the Rhode Island DUI Defense Law Office of John E. MacDonald today at (401) 421.1440.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.
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