A first DUI in Rhode Island: what it can result in

Rhode Island prices the first offence off the breath reading and writes the whole sentence as maximums rather than floors. Below one-tenth of one percent — or on a blood presence of any scheduled controlled substance — the fine is $100 to $300, with ten to sixty hours of public community restitution, and/or imprisonment of up to one year, and/or a special course on driving while intoxicated. At one-tenth or above but below fifteen-hundredths, and also where the blood alcohol concentration is unknown, the fine ceiling rises to $400 with the same restitution hours and the same one-year maximum. The licence is suspended for thirty to 180 days. Two discretionary powers sit alongside: the sentencing judge may prohibit the person from operating any vehicle not fitted with an ignition interlock, and may allow a servicemember or veteran to complete a Veterans’ Administration counselling programme in place of the standard course. Any custodial sentence may be served in any unit of the adult correctional institutions at the judge’s discretion.

Start from what the statute forces and what it leaves to the judge. The floor here is up to one year; no mandatory minimum. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.

Misdemeanor: up to one year; no mandatory minimum, and a fine of $100 to $300 below 0.10; $100 to $400 at 0.10 to 0.15 or where the reading is unknown. The range is set by R.I. Gen. Laws § 31-27-2(d)(1)(i), (d)(1)(ii); § 31-27-2.8, and the figures on this page come from the statute rather than from a summary of it.

In Rhode Island the interlock comes with a hardship license, and both are granted by the sentencing court under RIGL 31-27-2.8(b)(7) rather than by the DMV. One step catches people out: you must report the court order to the DMV Adjudication Office yourself and immediately, or you may be sent back to court to explain the delay. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by The sentencing court or traffic tribunal, with the restriction recorded by RI DMV.