DUI / Driving Under the Influence in Rhode Island

What This Charge Means


A DUI charge in Rhode Island can put your license, your record, and sometimes your freedom at risk. Under R.I. Gen. Laws § 31-27-2, it is unlawful to operate a vehicle while under the influence of alcohol or drugs, or with a blood-alcohol concentration of 0.08% or higher for most drivers.

These cases often turn on how the stop and testing were handled. Attorney Leah J. Boisclair — who co-chairs the Rhode Island Traffic Tribunal Bench/Bar Committee — can review the details of your case.

Rhode Island Law: § 31-27-2


Under § 31-27-2, a first offense is generally a misdemeanor, with penalties that increase based on blood-alcohol concentration (for example at 0.10%, 0.15% and above) and on prior offenses. Consequences can include fines, license suspension, possible jail, an ignition interlock requirement, and mandatory DUI school or treatment. Lower limits apply to commercial drivers and drivers under 21.

Statutes and penalties can change. An attorney can confirm the current law and how it applies to your specific charge.

Not Sure How § 31-27-2 Applies to Your Case?

Every DUI and traffic case turns on its own facts. Attorney Leah J. Boisclair can review your charge and explain your options in plain English.

What the State May Need to Prove


The state generally must prove that you operated or were in control of a vehicle and were under the influence — often through a blood-alcohol concentration of 0.08% or higher, or other evidence of impairment. The lawfulness of the stop and the way testing was conducted are frequently central.

Common Situations


Potential Penalties & Consequences

  • Fines and court costs
  • Driver's license suspension
  • Possible jail, particularly at higher BAC or with priors
  • Ignition interlock device requirement
  • Mandatory DUI school or treatment
  • Higher insurance costs and CDL/immigration consequences

Possible Defense Considerations

  • Whether the traffic stop was lawful
  • How field sobriety tests were administered and interpreted
  • Breath-test calibration, the observation period, and operator certification
  • Rising-BAC and timing issues
  • Medical conditions that can affect testing
  • Whether the traffic stop or detention was lawful
  • Whether the state can prove operation and, where relevant, impairment
  • How any tests were administered, calibrated, and interpreted
  • Procedural, evidentiary, and chain-of-custody issues

No outcome can be guaranteed. The right approach depends on the specific facts; an attorney can review how the law may apply to your situation.

Protect Your License and Your Record

Traffic and DUI consequences can follow you for years. The sooner you have an attorney, the more can often be done to protect your rights.

Related Charges


Why Early Legal Help Matters


DUI and traffic cases often turn on details — how the stop happened, how testing was administered, and whether procedures were followed. Speaking with an attorney early can help protect your license and your rights, preserve challenges, prepare you for court, and avoid missteps that can affect the outcome.

Frequently Asked Questions


Is a first-offense DUI a misdemeanor in Rhode Island?

A first-offense DUI under section 31-27-2 is generally a misdemeanor, with penalties that increase at higher BAC levels. Prior offenses and the facts can change what you face.

What BAC is considered DUI in Rhode Island?

For most drivers the threshold is a blood-alcohol concentration of 0.08% or higher, with lower limits for commercial drivers and drivers under 21. Impairment can also be shown by other evidence.

Can this charge be reduced or dismissed?

Every case is different. Depending on the stop, the evidence, and the facts, there may be issues worth raising, and some matters can sometimes be reduced or resolved another way. No outcome can be guaranteed; an attorney can review your options.

Will this affect my driver's license?

Many DUI and traffic matters carry license consequences, such as suspension or an ignition interlock requirement. The specifics depend on the charge and your record; an attorney can explain what may apply.

What should I bring to a consultation?

Bring any paperwork you received — the citation or summons, any police report or arrest paperwork, your court date notice, and any documents from the DMV or Traffic Tribunal. These help an attorney understand your situation quickly.

Does Attorney Boisclair handle Traffic Tribunal cases?

Yes. Attorney Boisclair represents drivers at the Rhode Island Traffic Tribunal and municipal court and co-chairs the Traffic Tribunal Bench/Bar Committee.

Explore More Rhode Island DUI & Traffic Resources


Related DUI and traffic pages for more help:

Criminal defense by Rhode Island county:

Facing a DUI or Traffic Charge in Rhode Island?

Speak with Attorney Leah J. Boisclair about your situation. Consultations are confidential, and early guidance can make a real difference.

This page is for general informational purposes only and does not create an attorney-client relationship. Rhode Island traffic and criminal laws can change, and the outcome of any case depends on the specific facts and circumstances. If you are facing a charge, speak with a qualified Rhode Island attorney about your situation.