Second Offense DUI Rhode Island

As reported by Bryan Rourke in the November 19, 2010 edition of the Providence Journal, an East Providence man has been charged with driving under the influence ("DUI") for the second time in as many weeks.  The man was initially arrested by the Coventry Police Department and charged with DUI.  His second DUI arrest was with the East Providence Police Department.

Rhode Island has a five (5) year look back with DUI and refusal to submit to a chemical test ("Refusal") charges, meaning if you have been convicted for more than one DUI or Refusal in a five (5) year period, you will face enhanced penalties.  Pursuant to Rhode Island General Law 31-27-2, the penalties for a second DUI are as follows:

Every person convicted of a second violation within a five (5) year period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above but less than fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is unknown or who has a blood presence of any controlled substance as defined in subdivision (b)(2), and every person convicted of a second violation within a five (5) year period regardless of whether the prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state, shall be subject to a mandatory fine of four hundred dollars ($400). The person's driving license shall be suspended for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten (10) days nor more than one year in jail. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug treatment for the individual, and may prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock system for a period of one year to two (2) years.

Pursuant to Rhode Island General Laws 31-27-2.1, the penalties for a second Refusal are as follows:

 Every person convicted for a second violation within a five (5) year period shall be guilty of a misdemeanor, shall be imprisoned for not more than six (6) months and shall pay a fine in the amount of six hundred dollars ($600) to one thousand dollars ($1,000), order the person to perform sixty (60) to one hundred (100) hours of public community restitution, and the person's driving license in this state shall be suspended for a period of one year to two (2) years. The judge shall require alcohol and/or drug treatment for the individual.