DUI Reference Guide

Rhode Island OUI Laws

Rhode Island OUI Laws

Driver’s who are driving while under the influence can be arrested for an OUI (operating under the influence) in Rhode Island.  Operating under the influence arrests can occur for two reasons.  Sometimes both situations are present.  The first is when a person has an impairment from alcohol or drugs to the point that they cannot safely operate a vehicle.  The other is when an individual has a blood alcohol level that is at or in cases even more than 0.08%.  The driver can be driving well and safely and still be charged with an OUI if they have an illegal blood alcohol content upon testing. 

Anytime someone is arrested on suspicion of an OUI, they can be asked to take a chemical test in order to measure their blood alcohol content.  This test can reveal that a person is above the legal limit.  In that case, the driver could have been driving well without showing any signs of impairment and still be charged with OUI. 

In the case of being arrested as a result of being impaired, the state will need to show enough evidence to prove that a person was impaired from alcohol or drugs or perhaps both.  Various potential forms of evidence can be used in an attempt to prove a person’s guilt.  The arresting officer will most likely provide details about why they pulled a person over for a traffic stop.  If they were driving in a careless manner this could be one sign that they were under the influence.  A police officer will also provide details describing the person’s state of mind and physical appearance when they were pulled over.  Field sobriety tests can also be used.  Poor testing can often be another indicator that an individual was likely to have been under the influence of alcohol or drugs. 

Anyone who is suspected of being under the influence can be asked to take some form of a chemical test in order to evaluate their blood alcohol content.  Those who are not willing to take a test can find themselves facing further penalties that are separate from any that could result from a DUI arrest and conviction.  Refusals can bring about license suspensions as well as fines.

A person who is convicted of more than one OUI offense in five years can face more severe sanctions.  Offenses that occurred over five years prior cannot count towards a driver’s current DUI offense record.  When a person has a Blood alcohol content that is at or exceeds 0.15%, they can also face stricter penalties.  In addition, third time offenders will be charged with a felony. 

Individuals who are charged with a OUI face a variety of possible penalties.  Fines apply to DUI convictions. In addition, individuals face the possibility of jail sentences.  Sometimes a person will be able to complete a set number of community service hours.  Those arrested might also need to receive treatment for alcohol and/or drug problems.  Alcohol and related educational courses might also be required.  Other punishments can apply.  A person’s lawyer can have an impact on a person’s sentencing and requirements.

Those who are arrested for a OUI will also receive license suspensions.  These suspensions are put into place by the Department of Motor Vehicles.  First time offenders can lose their license for 90 days.  Second time offenders face as much as three-year license suspension.  Third time offenders can lose their license for as much as five years with fourth time offenders facing seven-year license suspensions.

Following a OUI arrest, an individual should search for a OUI lawyer.  The lawyer can assist a person in handling their case.  For those that are arrested based on perceived impairments, a lawyer can work to bring questions forth and doubt as to whether various factors actually showed that a person was driving while under the influence.  Lawyers can also work to show that field sobriety tests (if used) were not completed correctly and are therefore not valid.  For those who are arrested based on their BAC, a lawyer can bring forth doubt as to whether the person’s BAC was actually elevated when they were operating a vehicle.