Rhode Island DUI Laws: Penalties & BAC Limit (2026)

In Rhode Island the offense is called driving under the influence (DUI), and General Laws 31-27-2 makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08 percent or more. A first DUI is a misdemeanor, and the fine, community service, and license suspension scale with the measured BAC, with a base first-offense suspension that can run from 30 days up to 18 months depending on the reading.

This guide is part of our DUI Laws by State series.

What counts as a DUI in Rhode Island

Rhode Island charges the offense as driving under the influence of liquor or drugs under General Laws 31-27-2. The statute makes it unlawful to drive with a BAC of 0.08 percent or more by weight, and it also allows a conviction based on being under the influence to a degree that renders the driver incapable of safely operating a vehicle. Penalties within the statute step up by BAC tier: 0.08 to less than 0.10 percent, 0.10 to less than 0.15 percent, and 0.15 percent or more. Commercial drivers face a 0.04 percent limit, and drivers under 21 face a 0.02 percent threshold, with a separate underage driving-while-impaired path. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration explains.

First-offense DUI penalties in Rhode Island (jail, fines, suspension)

A first DUI is a misdemeanor, and the penalties scale by the measured BAC under General Laws 31-27-2. At 0.08 to less than 0.10 percent, the statute sets a fine of $100 to $300, 10 to 60 hours of community service, up to one year of possible imprisonment, and a license suspension of 30 to 180 days. At 0.10 to less than 0.15 percent, the fine ceiling rises to $400 and the suspension runs 3 to 12 months. At 0.15 percent or more, the fine is $500, community service is 20 to 60 hours, and the suspension is 3 to 18 months. Every conviction also carries a $500 highway safety assessment plus additional assessment fees, and the court orders a driving-while-intoxicated course and treatment if needed.

Watch out: A higher BAC reading does more than raise the fine. It lengthens the suspension, increases the community service, and triggers a mandatory ignition interlock that a lower reading might not.

Ignition interlock requirements in Rhode Island

Rhode Island's ignition interlock rules turn on the BAC and the offense history rather than applying flatly to every first offender. Under General Laws 31-27-2, a sentencing judge must order an ignition interlock device for a first offense if the driver's BAC was 0.15 percent or higher or the impairment involved drugs. For a first offense with a lower BAC, the judge has discretion to order the device but is not required to. The interlock requirement becomes mandatory on later offenses and on refusal convictions, and the device must be installed during the period a court allows the driver to operate. The device requires a breath sample before the engine starts and at random intervals during a trip, and the program logs each reading for the court. Drivers are responsible for installation and monitoring costs.

License suspension and the administrative process in Rhode Island

Rhode Island's license suspensions on a DUI conviction flow from the criminal case in district court and are imposed under General Laws 31-27-2, running 30 days up to 18 months on a first offense depending on the BAC tier. Separately, the refusal of a chemical test triggers its own license suspension, handled through the Rhode Island Traffic Tribunal on a first refusal and independent of the criminal DUI case, although a second or later breath or urine refusal within ten years is itself a criminal misdemeanor. That two-track design means a driver can face a suspension for refusing even if the underlying DUI charge is reduced or dismissed. To reinstate after a DUI suspension, a driver generally must serve the suspension, complete the ordered DUI course and any treatment, install an interlock if ordered, and pay the highway safety assessment and reinstatement fees. The conviction stays on the driving record and counts toward the look-back period.

Repeat offenses and the Rhode Island look-back period

Rhode Island expanded its DUI look-back period from five years to ten years effective July 1, 2025, so a prior conviction six to ten years old now counts and can elevate a new charge to a second or third offense. Under General Laws 31-27-2, second and third offenses split into two BAC tiers, just as first offenses do. A second offense at 0.08 to under 0.15 percent, at an unknown BAC, or with a controlled substance in the blood carries a mandatory $400 fine, 10 days to one year in jail with at least 48 consecutive hours served, a one-to-two-year suspension, and a mandatory interlock. A second offense at 0.15 percent or above, or under the influence of a drug or toluene, carries mandatory imprisonment of six months to one year, a mandatory fine of at least $1,000, and a two-year suspension that starts when the sentence is completed.

A third or subsequent offense within the ten-year period is a felony, and it splits the same way. At 0.08 to under 0.15 percent, at an unknown BAC, or with a controlled substance in the blood, it carries a mandatory $400 fine, one to three years in jail with at least 48 consecutive hours served, and a two-to-three-year suspension. At 0.15 percent or above, or under the influence of a drug or toluene, it carries mandatory imprisonment of not less than three nor more than five years, a mandatory fine of $1,000 to $5,000, and a three-year suspension running from completion of the sentence. Separately, DUI resulting in death is a felony under 31-27-2.2, and DUI resulting in serious bodily injury is a felony under 31-27-2.6, regardless of how many prior offenses the driver has.

Watch out: Because Rhode Island moved to a 10-year look-back in July 2025, a prior DUI that would have washed out under the old 5-year rule may now count against you and turn a new arrest into a felony-level third offense.

Refusing a breath or blood test in Rhode Island

Rhode Island's implied-consent law in General Laws 31-27-2.1 provides that by driving in the state you have consented to a chemical test if reasonably suspected of DUI. A first refusal is a civil violation decided by the Traffic Tribunal, separate from the criminal DUI case. On a first refusal, the statute sets a license suspension of six months to one year, a fine in the $200 to $500 range, 10 to 60 hours of community service, and mandatory assessments including a $500 highway safety assessment and a department of health assessment. Repeat refusals are not civil. A second refusal within ten years is a misdemeanor carrying up to six months in jail, a $600 to $1,000 fine, 60 to 100 hours of community service, a one-to-two-year suspension, and a mandatory interlock, and a third or subsequent refusal within ten years is a misdemeanor carrying up to one year in jail, an $800 to $1,000 fine, at least 100 hours of community service, and a two-to-five-year suspension. The statute carves out blood tests: refusing a blood test is not a crime at any offense number, though the civil penalties still rise on repeat refusals. Because the refusal penalty stacks on top of the DUI case and the suspension can be lengthy, refusing often makes the overall license consequences worse rather than better.

Can you expunge or seal a DUI in Rhode Island

Rhode Island treats DUI convictions more restrictively than ordinary misdemeanors. The multi-misdemeanor expungement path in General Laws 12-1.3-2 expressly excludes convictions under 31-27-2 and the refusal statute 31-27-2.1, so those cannot be cleared as part of a group of misdemeanors. A single first-offense misdemeanor DUI may be expunged as a first-offender's record after a waiting period, generally five years from completion of the sentence, provided the person has no other disqualifying convictions. A felony DUI, a second or later DUI, or a DUI causing injury or death is generally not eligible for expungement. Because the rules are narrow and fact-specific, eligibility depends on the exact conviction and the person's full record.

What to do after a DUI arrest in Rhode Island

A Rhode Island DUI generates a criminal case in district court and, if the driver refused testing, a separate civil case in the Traffic Tribunal. The deadlines differ between the two tracks, so reading the paperwork promptly matters, because the refusal suspension proceeds on its own schedule. The criminal case moves from arraignment through pretrial and resolution, and the BAC tier shapes the exposure. General information cannot tell you how your case will come out, since the outcome depends on the BAC, your record under the new 10-year look-back, and the evidence. If an older prior now falls inside that window, have a Rhode Island DUI lawyer check in a free consultation whether it makes this a second or third offense (attorney advertising). Keep the citation, the chemical-test or refusal paperwork, and any tribunal notices.

More Rhode Island Laws

• Rhode Island Expungement Laws
• Rhode Island Warrant Search

Frequently Asked Questions

What is the BAC limit in Rhode Island?

The per se limit is 0.08 percent BAC under General Laws 31-27-2. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a 0.02 percent threshold. Penalties within the statute then scale by BAC tier up to 0.15 percent and above.

How long do you lose your license for a first DUI in Rhode Island?

It depends on the BAC. A first offense at 0.08 to under 0.10 percent carries a 30-to-180-day suspension, at 0.10 to under 0.15 percent a 3-to-12-month suspension, and at 0.15 percent or more a 3-to-18-month suspension under General Laws 31-27-2.

Is a first DUI a felony in Rhode Island?

No. A first DUI is a misdemeanor. Under General Laws 31-27-2, a third DUI within the ten-year look-back is a felony, and DUI resulting in serious bodily injury or death is a felony regardless of offense number.

Do you need an interlock for a first DUI in Rhode Island?

An ignition interlock is mandatory on a first offense if the BAC was 0.15 percent or higher or drugs were involved. For a first offense with a lower BAC, the judge has discretion to order the device. Interlock is mandatory on second and later offenses.

What happens if you refuse a breathalyzer in Rhode Island?

A first refusal is a civil violation under General Laws 31-27-2.1 decided by the Traffic Tribunal, carrying a 6-month-to-1-year license suspension, a $200 to $500 fine, 10 to 60 hours of community service, and mandatory assessments, separate from the criminal DUI case. Repeat refusals are criminal: a second refusal of a breath or urine test within ten years is a misdemeanor punishable by up to six months in jail, and a third or subsequent refusal by up to one year. Refusing a blood test carries no criminal penalty.

How long does a DUI stay on your record in Rhode Island?

A DUI conviction stays on the record unless expunged. Effective July 1, 2025, Rhode Island uses a 10-year look-back for repeat-offender purposes, so a prior DUI within 10 years counts toward enhanced penalties.

Can you get a DUI expunged in Rhode Island?

A single first-offense misdemeanor DUI may be expunged after a waiting period, generally five years after the sentence is completed. The multi-misdemeanor expungement path under 12-1.3-2 excludes DUI and refusal convictions, and felony or repeat DUIs are generally not eligible.

What is the look-back period for DUI in Rhode Island?

Rhode Island uses a 10-year look-back period, expanded from five years effective July 1, 2025. A prior DUI within 10 years counts toward second-offense and felony third-offense status under General Laws 31-27-2.