Rhode Island DUI Lawyer

Driving under the influence (DUI) is a serious criminal charge in Rhode Island and can have a tremendous impact on your reputation, your family and your career. If you are charged with DUI (driving under the influence) in Rhode Island, you will face harsh penalties including large fines, a lengthy loss of license, community service, alcohol or drug counseling, increased insurance rates, installation of an ignition interlock device, and even jail.

At Abilheira Law, our experienced Rhode Island DUI lawyers will guide you through the DUI process, while explaining your legal options and preparing an aggressive defense. With the implementation of Rhode Island’s new DUI laws, our attorneys can also guide you through the process of obtaining a hardship license. To help you get a better understanding of Rhode Island DUI law, we have provided some information below. After you have reviewed the information, please feel free to contact us at any time to discuss your case.

What is DUI?

Before you can be convicted of DUI in Rhode Island, the State must prove beyond a reasonable doubt that you were too drunk to drive. This is determined by measuring your blood alcohol concentration (BAC) level at the time of your arrest. In Rhode Island, drivers are considered to be “over the limit” if their BAC level is .08% or higher. If you are between the ages of eighteen (18) and twenty-one (21) the legal limit is lowered to .02-.08%. Please note that DUI is not restricted to just alcohol. If you are found to be under the influence of any illegal substance, or have taken prescription drugs illegally, you may also face DUI charges.

Failing a Chemical Test

After being stopped by police for suspicion of DUI, most drivers are asked to complete a series of field sobriety tests (FSTs).  Upon failing those field sobriety tests, police will then ask drivers to submit to a chemical breath test and/or blood test. If you fail the chemical breath test (breathalyzer) or blood test, you will be charged with a DUI. The severity of the charge will be dependent on your BAC level.

DUI Penalties in RI

​​​Depending on your blood alcohol content, previous criminal history and several other factors, a DUI charge in Rhode Island is punishable by jail time.  The result of such a charge and conviction can lead to license suspensions, the imposition of an ignition interlock device, heavy fines, increased car insurance rates, and a criminal record that you could have for the rest of your life.  When the stakes are this high, it is important to contact an experienced Rhode Island DUI Lawyer.  The attorneys at Abilheira Law will evaluate your individual case and provide you with clear explanations of all your options.  Call us today for a free consultation, 401-245-5100.

First Offense DUI in Rhode Island

If you have been charged with your first DUI in Rhode Island, you are facing several penalties intended to discourage you from drinking and driving again in the future.  In addition to the sanctions outlined below, you can expect to pay a $200 Department of Health Assessment Fee, $500 Highway Assessment Fee, court costs of $93.50 and a motor vehicle violation fee of $1.00.

First Offense DUI (.08-.10)

  • Up to one year in jail
  • $100-300 fine
  • License suspension of 1-6 months
  • 10-60 hours of community service
  • Possible driving school and/or alcohol treatment program
  • Possible ignition interlock device

First Offense DUI (.10-.15 and BAC Unknown)

  • Up to one year in jail
  • $100-400 fine
  • License suspension of 3-12 months
  • 10-60 hours of community service
  • Mandatory driving school and/or alcohol treatment program
  • Possible ignition interlock device

First Offense DUI (.15 or greater)

  • Up to one year in jail
  • $500 fine
  • License Suspension 3-18 months
  • 20-60 hours of community service
  • Mandatory driving School and/or alcohol treatment program
  • Mandatory ignition interlock device

Second Offense DUI in Rhode Island

If you are convicted of a second offense DUI in Rhode Island within a five year period, the penalties are much more serious and include a mandatory jail sentence.  Additionally, the fines increase, as well as the length of your license suspension.

Second Offense DUI (.08-.15 or BAC Unknown)

  • Mandatory imprisonment for 10 days. Potential of up to 1 year imprisonment.
  • $400 fine
  • License Suspension 1-2 years
  • Mandatory drug and/or alcohol treatment
  • Mandatory ignition interlock device

Second Offense DUI (.15 or greater)

  • Mandatory imprisonment for 6 months. Potential of up to 1 year imprisonment.
  • $1000 fine
  • License suspension of 2 years from date of completion of sentence
  • Mandatory drug and/or alcohol treatment
  • Mandatory ignition interlock device

Third Offense DUI in Rhode Island

If you are charged with a third offense DUI in Rhode Island within a five year period, you will face significant jail time and should contact an experienced Rhode Island DUI Lawyer immediately. Please note that a third offense within five years is considered a felony criminal offense and will be handled at the Superior Court level.

Third Offense DUI (.08-.15 and BAC Unknown)

  • Mandatory imprisonment for 1 year. Potential for up to 3 years in jail.
  • $400 fine
  • License Suspension 2 -3 years
  • Mandatory drug and/or alcohol treatment required
  • Mandatory ignition interlock device

Third Offense DUI (.15 or greater)

  • Mandatory 3 year imprisonment. Potential for up to 5 years in jail.
  • $1000-5000 fine
  • License Suspension of 3 years
  • Mandatory drug and/or alcohol treatment required
  • Mandatory ignition interlock device

If you are facing a DUI charge in Rhode Island, call the skilled Rhode Island DUI lawyers at Abilheira Law for a free and confidential consultation. Our experienced attorneys will guide you through the DUI process, explain your legal options and prepare an aggressive defense. For more information, please visit our blog.

Recent Successes: Rhode Island DUI

Charge: DUI 1st Offense and Chemical Test Refusal 2nd Offense

  • Client was stopped by the Portsmouth Police. Because client was charged with a second offense refusal, he was facing a criminal conviction, large fines, a lengthy loss of license and potential jail time. Attorney Abilheira identified a serious flaw in the case and achieved a successful result.
  • Outcome: DUI amended to a Reckless Driving. Chemical Test Refusal dismissed.

Charge: DUI 1st Offense and Chemical Test Refusal 1st Offense

  • Client was stopped by the Lincoln Police Department based on an anonymous tip that he had been driving erratically. Attorney Abilheira was able to identify a legal issue in the case and achieved another successful result for his client.
  • Outcome: DUI amended to a Reckless Driving. Chemical Test Refusal dismissed.

Charge: DUI 1st Offense, Chemical Test Refusal 1st Offense

  • Client was stopped by the Tiverton Police Department and charged with a DUI 1st Offense and Chemical Test Refusal. After identifying and addressing the client’s goals, Attorney Belknap obtained the result the client hoped for.
  • Outcome: DUI was dismissed and removed from client’s criminal record after Attorney Belknap filed a Motion to Seal. Chemical Test Refusal: Obtained minimum sanctions, including only a 60 day loss of license. Attorney Belknap was also able to secure a conditional hardship license for her client so she could drive herself to and from work, allowing her to keep her job.

Recent Successes: Massachusetts OUI

Charge: OUI 1st Offense

  • Client was stopped by the Seekonk Police Department and charged with an OUI.
  • Outcome: Attorney Abilheira was able to place his client in Massachusetts’s 24d program, ensuring that her criminal record would not reflect a conviction for OUI. Attorney Abilheira also secured a hardship license for his client allowing her to continue her employment.