In Rhode Island, DUI, driving under the influence, is known as an OUI, operating under the influence of alcohol or drugs. Rhode Island employs many methods to catch drunk drivers, including blanket patrols, mobile videotape, and the publication of enforcement campaigns. Rhode Island has some unusual, and strict, dui laws, probably in response to the state's poor drinking and driving statistics.
In 2006 (the most recent year for which statistics are available), 46% of the total number of Rhode Island's traffic fatalities were alcohol related. Also, the State has one of the highest rates of people who refuse to take a chemical test to determine blood alcohol concentration (BAC) levels. Therefore, such a refusal now carries its own criminal penalties, including community service, OUI education classes, and fines, as well as other sanctions. In addition, administrative penalties include driver's license suspension. The State does not allow hardship, restricted, or work licenses. Therefore, if your driver's license is suspended or revoked, you will not be able to drive in Rhode Island - period.
A DUI in Rhode Island brings some serious penalties, which increase to correspond to high BAC levels. Even your first offense can bring up to one year in jail, and/or between 10 to 60 hours spent in community service. If your BAC was up to.08, the fine ranges between $100 and $300; if your BAC was up to.15, the fine ranges from $100 to $400; and if your BAC was above.15, the fine will be $500. No matter your BAC score, there will additionally be a highway assessment of $500. You are also required to attend a special course on drinking and driving. Administratively, your license will be suspended from 30 to 180 days for a BAC score up to.08, from three months to 12 months for a BAC score up to.15, and from three months to 18 months for a BAC score above.15.
Rhode Island only has a five-year look-back period. This is the period of time that a Rhode Island DUI remains on your record. If you have a second dui arrest within five years of the first, you have a "prior," and the judge will increase the dui penalties. Five years after a misdemeanor dui arrest, you can hire an experienced dui attorney to guide you in having the arrest expunged from your record. If your DUI was a felony, the record can only be expunged after ten years. However, your record must be clean of any other arrests, and you must maintain a clean moral character. And since Rhode Island participates in the Interstate Driver's License Compact Agreement, any OUI or dui convictions from another state may also be counted as a prior conviction.
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