How to Get Your License Back After a DWI in Rhode Island

Rhode Island General Laws defines driving under the influence (DUI) as having a blood alcohol content of 0.08 or higher within two hours of driving a vehicle. This is considered a serious offense under the state's law, punishable by possible criminal penalties and the loss of driving privileges.

First-time offenders arrested for a Rhode Island DUI (BAC between 0.08% and 0.10%) may face a license suspension of 30 to 180 days by the Rhode Island Division of Motor Vehicles (DMV), while refusing chemical tests may result in an automatic license suspension ranging from 6 months to 5 years, depending on prior offenses.

Step 1: Know the Terms of Your Suspension

Typically, the duration of Rhode Island DUI suspensions depends on the frequency of previous violations, the presence of aggravating factors, and full compliance with DMV and court requirements, as evidenced in the table below:

Step 2: Fulfill Court and DMV Requirements

In Rhode Island, a DUI (Driving Under the Influence) often entails adhering to court-ordered fines and DMV administrative obligations, which are separate but frequently overlap. The following section summarizes some of the distinctions between the two types of suspensions:

Issuance: The Rhode Island Department of Revenue's Division of Motor Vehicles (DMV) handles administrative suspensions. In contrast, a judge monitors criminal processes that result in court suspensions.

Trigger: Failures or refusals of chemical testing trigger administrative suspensions, while court-imposed punishments arise from criminal DUI convictions.

Penalties: The Rhode Island Division of Motor Vehicles' Adjudication Office issues suspensions of an offender's driving privileges. In contrast, persons found guilty of DUI in a criminal prosecution may face arrest or incarceration, as well as court-ordered alcohol/drug evaluations.

Step 3: Complete a DWI Education or Treatment Program

Level I: Alcohol Education Program

Rhode Island courts or the Rhode Island Division of Motor Vehicles mandate this program for drivers who fail chemical testing or refuse to take one. This program is suitable for first-time offenders and consists of 12 to 18 hours of lessons, all delivered in a single day. Eligible offenders may register and pay a $350 course fee for this program at the DMV Adjudication/Driver Retraining Office. Subsequently, they may attend Community College of Rhode Island (CCRI) classes at approved campuses. Interested and eligible applicants should only sign up for state-approved programs authorized through the Rhode Island DMV.

Level II: Alcohol or Substance Abuse Treatment Program

This program focuses on repeat offenders with an alcohol or substance use issue. Typically, the program duration ranges from 10 to 20 sessions, depending on the severity of the offense(s). This program, consisting of individual and group sessions, must be completed within six months of conviction. After their conviction, the Rhode Island DMV will mail enrollment instructions and a list of approved providers to offenders. Participants in this program must pay the course fee directly to the service providers, not the RI DMV. They may only register for treatment programs licensed by the Rhode Island Department of Behavioral Healthcare, Developmental Disabilities, and Hospitals and recognized by the DMV.

Step 4: Get SR-22 Insurance or Equivalent

An SR-22 is a document that proves a driver possesses the minimum car insurance required by their state. The document is also known as a "certification of financial responsibility". As of July 2018, the Rhode Island DMV no longer requires or accepts SR-22 financial responsibility filings.

Although Rhode Island no longer mandates SR22 insurance, drivers who must meet an out-of-state SR22 requirement will lose their driver's license if they fail to file an SR22 certificate in the state that requires it. The Rhode Island Adjudication Office will notify drivers if another state needs them to submit an SR22.

Rhode Island has the following minimum auto liability insurance requirements:

• $25,000 for physical harm per accident.
• $50,000 bodily injury liability for all injuries sustained in an accident.
• Property damage: $25,000 per accident.

Drivers are typically required to carry SR22 insurance for one to three years after having their out-of-state license suspended. Those who do not comply will have their driver's license suspended due to a combined effort by their insurance agent, the Rhode Island DMV, and the out-of-state DMV.

Step 5: Pay Reinstatement Fees

Individuals who have fulfilled all DMV and court-ordered suspension conditions for the reinstatement of driving privileges may expect to pay the following reinstatement fees:

• Alcohol-related license reinstatement fee: $352.50
• Alcohol Education Program: $350.00
• Ignition Interlock Device- DMV Fee: $100.00
• Updated License (indicating the hardship license and/or ignition interlock device restrictions): $27.50 (if applicable)

The rates listed above also include a $2.50 technology fee.

Applicants may make payments in person at the DMV Adjudication Office using cash, personal or bank checks, money orders (payable to the Division of Motor Vehicles), and major credit cards (Visa, MasterCard, Discover).

Step 6: Submit Your License Reinstatement Application

Individuals seeking to submit their Rhode Island DUI-related license reinstatement applications to the DMV Adjudication Unit in person. Before visiting, such people may schedule an appointment through the Rhode Island DMV reservation system. Subsequently, they may visit the Unit with their certificate of completion (if applicable), ID, proof of residency, and Notice of Restoration.

After clearance for reinstatement, individuals should visit any DMV branch with their receipt and paperwork to obtain their license.

What If You're Denied License Reinstatement in Rhode Island?

In Rhode Island, there are several reasons why the DMV may deny a driver's license reinstatement application. They include inadequate requirements, applicant fitness or safety concerns, driving history (e.g., habitual offender status), or legal compliance issues (such as ongoing suspensions, unresolved court penalties, or unpaid child support payments).

Applicants denied a license reinstatement application by the Rhode Island DMV should take these steps:

1. Within 10 days of receiving the notice, they should request an administrative hearing with the DMV Administrator or the Traffic Tribunal (Pawtucket office).
2. They must provide up-to-date medical records, proof of program completion, and concrete evidence of sobriety, fitness, or financial compliance to the hearing.
3. At the hearing, an office assesses the case and allows the complainant to offer evidence or testimony.
4. If denied again, the applicant may file an appeal with the Rhode Island District Court under the Administrative Procedures Act.

Hardship Licenses: Driving with Limited Privileges

In Rhode Island, a hardship license is known as a conditional restricted license, which provides limited driving privileges to individuals who have had their licenses suspended for driving while intoxicated or refusing to submit to chemical testing. This court-ordered license allows drivers to operate a vehicle for up to 12 hours daily. According to RIGL 31-27-2.8(b)(7), only a court can issue a special license for employment, medical appointments, attending school, or religious trips.

Rhode Island's conditional restricted licenses are only available to first-time or second-time offenders who have failed or refused chemical tests. However, they must provide proof of hardship (e.g., work commute) and install and maintain an Ignition Interlock Device (IID) in their vehicle.

How Long Does It Take to Get Your License Back After a DWI?

The table below offers realistic timelines for offenders to get their license back after a Rhode Island DUI offense, based on offense history and complete compliance with all court and DMV requirements: