Second Offense DUI in Rhode Island

Rhode Island General Laws § 31-27-2 governs second DUI offenses, which are more severe than first DUI offenses and frequently result in compulsory imprisonment, license suspension, and significant fines. According to Rhode Island law, the proper term is DUI (Driving Under the Influence).

A second DUI in Rhode Island occurs when someone is apprehended for handling an automobile with a Blood Alcohol Content (BAC) of 0.08% or greater, or while compromised by alcohol or drugs, and has a prior DUI conviction within the last five years. These penalties underscore Rhode Island's commitment to public safety and the deterrence of repeat offenses involving reckless driving.

Is a 2nd DUI a Felony in Rhode Island?

According to R.I. General Laws Section 31-27-2, a second DUI arrest within five years is considered a misdemeanor in Rhode Island. However, if aggravating circumstances are present, it could be upgraded to a felony.

These include possessing a high blood alcohol content (BAC) of 0.15% or above, which carries harsher penalties but is still usually a misdemeanor, or causing significant physical injury or death (felony under § 31-27-2.6 and § 31-27-2.2, respectively). If the DUI involves a minor passenger, causes substantial property damage, or happens when the driver's license is already suspended for a previous DUI, felony charges are also applicable.

What is the Lookback Period for a Second DUI in Rhode Island?

According to R.I. Gen. Laws § 31-27-2, the lookback period for second DUI charges is five years. However, as of July 1, 2025, Rhode Island will increase the lookback term for DUI crimes from five to ten years. This means that when deciding whether a new violation counts as a second DUI, any previous DUI convictions within the last ten years, whether in Rhode Island or another state, will be considered. This modification aims to improve public safety and apply harsher sanctions to repeat offenders.

What are Aggravating Factors in a Second DUI?

Since Rhode Island takes a tough stance against repeat and high-risk DUI behavior, aggravating factors for a second DUI offense, as governed by R.I. Gen. Laws § 31-27, can result in harsher punishments, including longer jail sentences, higher fines, and prolonged license suspension. Typical aggravating factors include:

• BAC of at least 0.15 percent.
• Unwillingness to participate in a chemical test.
• Causing an accident in which someone is hurt or killed.
• Transporting a youngster under the age of thirteen.
• DUI while having a suspended license due to a past DUI.
• Open alcohol containers in the space.

What Happens If You Get a 2nd DUI in Rhode Island?

In Rhode Island, a second DUI could have the following repercussions:

• Misdemeanor charge (within five years of the initial charge).
• Ten days to a year in prison (at least 48 hours in a row).
• A minimum fine of $400.
• One to two years of license suspension.
• Drug or alcohol treatment is required.
• Testing with chemicals and/or ignition interlocks is necessary.
• Even with a prior out-of-state DUI, it is applicable.
• Increased insurance costs and a lifelong criminal record.

How Long Does a Second DUI Stay On Your Record in Rhode Island?

A second DUI conviction in Rhode Island usually results in a lifelong criminal record, which can harm one's reputation, professional license, housing, and employment. If specific requirements are met, a misdemeanor DUI conviction may be expunged after five years and a felony DUI after ten; if not, the sentence may remain in effect permanently.

How Much Does a Second DUI Cost in Rhode Island?

According to Rhode Island General Laws Section 31-27-2, a minimum fine of $400 is required for a second DUI violation within five years. However, aggravating factors such as a BAC of 0.15% or higher, denial of a chemical test, or an injury accident may significantly increase expenditures. Even without accounting for potential lost income or employment effects, the total expenses often exceed $3,000 to $5,000. Extra costs include:

• Fees and expenditures for the court (around $200 to $500).
• Installing and maintaining ignition interlocks.
• Costs for treatment programs are required.
• Higher costs for insurance.
• Fees for regaining a license.

Chances of Going to Jail for a Second DUI In Rhode Island

In Rhode Island, a second DUI conviction carries a minimum compulsory jail penalty of 10 days and a maximum possible term of 1 year. It must be served consecutively for at least 48 hours. Aggravating elements can result in a prolonged sentence or escalate the case to a felony, significantly increasing sentencing exposure. Examples of these variables include a high BAC (≥0.15%), causing damage, refusing a chemical test, or prior DUI convictions. During sentencing, judges may consider public safety hazards and previous behavior.

Driver's License Suspension for a Second DUI In Rhode Island

According to Rhode Island laws, a driver's license suspension of one to two years is imposed for a second DUI conviction in Rhode Island. The court sets the precise time frame, which might be prolonged in the event of aggravating circumstances. After completing a portion of the suspension, offenders may be eligible for a hardship license, but only if they install an ignition interlock device and sign up for a treatment program that the court has approved. Approval is contingent upon a risk assessment and individual compliance, and is not guaranteed.

Ignition Interlock Device Requirement

Under R.I. Gen. Laws Section 31-27-2.8(b)(7), a sentencing court may order the installation of an ignition interlock device and give a hardship license. Second-time DUI offenders are required to install an ignition interlock device (IID) for a period of six months to two years under R.I. Gen. Laws § 31-27-2.8(2)(b)(3). If the device detects alcohol on the driver's breath, it stops the car from starting. All expenses, such as an initial $100 fee, installation, monthly monitoring, and upkeep, are borne by the offenders. Generally, Rhode Island ignition interlock devices cost an average of $3.13 a day. The court may also require that the IID operation be verified regularly. Infractions may result in the prolonged use of IID or other sanctions, such as license revocation or a one-year jail sentence.

DUI School and Substance Abuse Treatment

Under R.I. Gen. Laws § 31-27-2(f)(2), offenders may be required to attend DUI school, which usually consists of teaching on traffic safety, risk evaluation, and alcohol education. Additionally, offenders could have to have a licensed expert conduct a substance addiction evaluation. A recovery program, which may involve therapy or rehabilitation assistance, may be mandated by the court based on the findings. For license reactivation and adherence to court orders, fulfillment of both DUI school and treatment may be required.

Probation Conditions

In Rhode Island, probation may be imposed by the court after a second DUI conviction to ensure adherence to sentencing guidelines and promote recovery. Typical probationary requirements consist of:

• Frequent (weekly or monthly) check-ins with a probation officer.
• Total abstinence from illegal substances and alcohol (enforced by random testing).
• Travel limitations: Out-of-state travel often requires court clearance.
• Setting up and monitoring an ignition interlock device (IID).
• Obligatory participation in a drug rehab program or DUI school.
• Involvement in a victim impact panel.
• Adherence to all further requirements set forth by the court to prevent probation violation fines.

Community Service Requirements

For a second DUI conviction, community service is required by Rhode Island law. Contingent upon the specifics of each case and the court's discretion, offenders may be forced to perform up to 60 hours of community service. Tidying public spaces, helping nonprofit organizations, or participating in highway aesthetic enhancements are examples of what this service could include. To encourage recovery and transparency, community service may be required as part of probation or as an additional condition to a jail term.

Impact on Auto Insurance

In Rhode Island, a second DUI conviction can significantly affect your auto insurance. These drivers are frequently deemed high-risk by insurers, which results in substantial premium hikes or policy non-renewal. SR-22 files are no longer required for license reinstatement, according to DMV. A GU-1338 Insurance Certificate is mainly needed. To verify the most recent standards, it is advisable to consult with the Rhode Island Department of Motor Vehicles or a legal expert. Because lapses may result in additional penalties or more extended filing periods, it is imperative to have continuous coverage.

Which Courts Handle DUI Cases in Rhode Island?

DUI charges in Rhode Island are decided according to the seriousness of the infraction. Superior Courts handle felony DUI proceedings, which include repeat offenses or those involving significant harm or death. In contrast, District Courts handle misdemeanor DUI offenses, which are usually first-time infractions without aggravating circumstances. The following five important Rhode Island courts handle DUI cases:

J. Joseph Garrahy Judicial Complex
1 Dorrance Plaza,
Providence,
RI 02903
Phone: (401) 222-3250
Website: courts.ri.gov

Frank J. Licht Judicial Complex
250 Benefit Street,
Providence,
RI 02903
Phone: (401) 222-3250
Website: courts.ri.gov

Florence K. Murray Judicial Complex
45 Washington Square,
Newport,
RI 02840
Phone: (401) 841-8350
Website: courts.ri.gov

Philip W. Noel Judicial Complex
222 Quaker Lane,
Warwick,
RI 02886
Phone: (401) 822-6750
Website: courts.ri.gov

McGrath Judicial Complex
4800 Tower Hill Road,
Wakefield,
RI 02879
Phone: (401) 782-4121
Website: courts.ri.gov

The Rhode Island Division of Motor Vehicles (DMV) oversees the administrative side of DUI charges, including license suspensions and reinstatements, in addition to judicial procedures. For questions or to arrange an appeal or license hearing, get in touch with:

Rhode Island Division of Motor Vehicles
600 New London Avenue,
Cranston,
RI 02920
Phone: (401) 462-4368
Website: dmv.ri.gov

Can You Get a DUI on a Horse in Rhode Island?

No. According to state law, only motor vehicles are covered by Rhode Island's DUI laws. Consequently, riding a horse while intoxicated is not a DUI offense. However, if a person's actions endanger public safety, they may still be subject to additional legal repercussions, such as disorderly conduct or public intoxication. Furthermore, to avoid putting the rider or the horse at risk, Rhode Island law mandates that drivers use caution when approaching horses on public roads.