Second Offense DUI in Rhode Island

The penalties for a second DUI in Rhode Island are established in Section 31-27-2 of the state’s statutes. These rules state that a second DUI is a misdemeanor offense and allow courts to penalize second time offenders with fines, imprisonment and installation of an ignition interlock device on their vehicle.

Rhode Island’s “Look Back” Period

The state’s statutes prescribe a five year “look back” period. This “look back” period is the length of time during which the court can consider a previous DUI violation. A violation occurring within five years of a prior incident in Rhode Island or another state is considered a second or subsequent offense. The penalties for these offenses are higher.

Misdemeanor Defined

Rhode Island, like other states, defines a misdemeanor as any crime that carries a potential punishment of less than a year in prison. The state considers any crime with punishment of a year or more in prison a felony. In Rhode Island, a second DUI offense is punishable by no more than a year in prison, and is therefore a misdemeanor.

Criminal Penalties

A criminal penalty is one that is imposed by a criminal court. Rhode Island prescribes different penalties for second time DUI offenders based on the amount of alcohol in the offender’s blood. An offender with less than .15% of a blood-alcohol concentration is subject to at least ten days and no more than a year in prison and a fine of $400. An offender with more than .15% of blood-alcohol concentration is subject to no less than six months and no more than one year in prison and a mandatory fine of $1,000.

In either situation the court can also require an ignition interlock device, which would prevent the offender from driving while under the influence of alcohol, installed on the offender’s car for two years and participation in an alcohol treatment program.

Plea Options

An offender can plead guilty and accept the court’s punishments without comment, not guilty and plead their case before a jury, or enter into a plea bargain. Juries tend to be harsher on criminals than a judge. A plea bargain is an agreement entered into between the offender and the state’s prosecutor, and typically contains lesser criminal penalties.

Administrative Penalties

In Rhode Island, an administrative penalty for a second time DUI offense is one imposed by the Department of Motor Vehicles (DMV) and not the court. The Rhode Island DMV can revoke an offender’s license for up to two years after a second DUI offense.

Getting Legal Advice

If you are facing a second DUI in Rhode Island, seek the advice of an attorney. A lawyer will review your case and discuss your options and potential penalties with you.