Rhode Island Implied consent – evidence of refusal
- In a criminal proceeding, evidence that the defendant had refused to submit to a chemical test is not be admissible unless the defendant elects to testify. R.I. Gen.Laws 1956, § 31-27-2(c)(1).
Rhode Island Implied consent – administrative / civil penalty for refusal
- First refusal driver’s license suspended for six months to one year.
- Second refusal within five years driver’s license suspended for one to two years.
- Third or subsequent refusal within five years driver’s license suspended for two to five years. R.I. Gen.Laws, § 31-27-2.1(b).
Rhode Island Implied consent – criminal penalty for refusal
- First refusal fine of $200-$500; 10-60 hours community service.
- Second refusal within five years misdemeanor; jail sentence up to six months; fine of $600-$1,000; 60-100 hours community service.
- Third refusal within five years jail sentence up to one year; fine of $800-$1,000; at least 100 hours community service. R.I. Gen.Laws, § 31-27-2.1(b).
- The constitutionality of this, however, has been called into question by the U.S. Supreme Court’s decision in Birchfield v. North Dakota, 136 S.Ct. 2160 (2016), which holds that a state cannot place criminal penalty on a driver’s refusal to undergo a warrantless blood test to determine alcohol concentration.
Rhode Island DUI Conviction – administrative / civil penalty (license suspension, use of IID)
- Second conviction within five years of “per se” provision driver’s license suspended for one to two years.
- Second conviction within five years of under the influence provision driver’s license suspended for two years.
- Third or subsequent conviction w/in five years of “per se” provision driver’s license suspended for two to three years.
- Third or subsequent conviction within five years of under the influence provision driver’s license suspended for three years. R.I. Gen.Laws § 31-27-2(d).
- Three-time offenders are required to operate a motor vehicle with an IID for up to two years. R.I. Gen.Laws 1956, § 31-27-2(d)(3).
Rhode Island DUI Laws Conviction – criminal penalties (jail sentence, fines, community service)
- First conviction of “per se” provision jail sentence up to one year; fine of $100-$300; 10-60 hours community service.
- First conviction of under the influence provision jail sentence up to one year; fine of $500; 20-60 hours community service.
- Second conviction within five years of “per se” provision jail sentence of 10 days to one year; fine of $400.
- Second conviction within five years of under the influence provision jail sentence of six months to one year; fine of $2,000.00.
- Third or subsequent conviction within five years of “per se” provision felony; jail sentence of one to three years; fine of $400.00.
- Third or subsequent conviction within five years of under the influence provision felony; jail sentence of three to five years; fine of $1,000-$5,000. R.I. Gen.Laws § 31-27-2(d).
- Additional penalties for causing the death of another person while committing a violation or causing serious bodily injury to another person while committing a violation. R.I. Gen.Laws, § 31-27-2.2; R.I. Gen.Laws, § 31-27-2.6.
Child endangerment
- If a driver over age 18 commits a violation with a child under age 13 in the vehicle. R.I. Gen.Laws § 31-27-2(d)(5).
