Felony DUI

Felony DUI Lawyer in Rhode Island

I Wrote Rhode Island’s DUI Practice Manual. Here’s Why That Matters for Your Case.

A felony DUI charge in Rhode Island doesn’t go through District Court. It goes to Rhode Island Superior Court, where the penalties include years in state prison, a permanent felony record, and consequences that follow you long after sentencing. I’m Attorney Robert H. Humphrey, and I’ve spent more than 35 years handling DUI and criminal defense matters in Rhode Island. Before representing defendants, I spent 14 years as a Municipal Prosecutor, which means I understand exactly how the state builds these cases and where the weaknesses are.

I’m also the author of Drunk Driving: Detection, Prosecution and Defense (2026 Update), the DUI practice manual used in courtrooms throughout Rhode Island. As the National College for DUI Defense (NCDD) State Delegate for Rhode Island and a Founding Member and State Ambassador for the DUI Defense Lawyers Association, I bring a documented level of DUI-specific authority that directly matters when the charge is a felony.

If you or someone you know is facing a felony DUI charge, contact my office now for a free case evaluation. I’m available 24 hours a day at (401) 441-5486.

When a DUI Becomes a Felony in Rhode Island

First and second DUI offenses are misdemeanors in Rhode Island. Under R.I. General Laws § 31-27-2 and related statutes, four circumstances elevate a DUI to a felony charge, and with it a qualitative shift in both the seriousness of the charge and the court that handles it.

Third or subsequent offense within the look-back period: Rhode Island uses a five-year look-back period to determine whether a new arrest qualifies as a third offense. Prior convictions from other states count under R.I. Gen. Laws § 31-27-2.
DUI resulting in serious bodily injury: Charged under R.I. Gen. Laws § 31-27-2.6, this applies when another person is seriously injured as a result of the impaired driving.
DUI resulting in death: Charged under R.I. Gen. Laws § 31-27-2.2, this carries the most severe penalties in Rhode Island DUI law.
DUI with a child passenger under age 13: On a second or subsequent offense, this triggers felony-level exposure.

A charge can also become a felony when the driver’s license was already suspended or revoked for a prior DUI at the time of the new offense.

Rhode Island Felony DUI Penalties by Offense Type

Penalties vary significantly depending on the blood alcohol concentration (BAC) at arrest and the specific felony category. These are the ranges under current Rhode Island law:

Third or Subsequent DUI, BAC .08% to Below .15%
1 to 3 years incarceration with 48 hours to be served consecutively, a mandatory $400 fine, license suspension of 2 to 3 years, and mandatory alcohol or drug treatment.

Third or Subsequent DUI, BAC .15% or Above (or Drug Impairment)
3 to 5 years in state prison, fines of $1,000 to $5,000, a 3-year license suspension, a mandatory ignition interlock device upon reinstatement, and possible vehicle seizure and sale by the state.

DUI with a Child Passenger Under 13 (Second or Subsequent)
Up to 5 years imprisonment, up to $5,000 in fines, up to a 2-year license suspension, mandatory DUI course and treatment, and a highway assessment fee up to $500.

DUI Resulting in Serious Bodily Injury, First Offense
1 to 10 years imprisonment, $1,000 to $5,000 in fines, license revocation up to 2 years, and completion of drug or alcohol treatment.

DUI Resulting in Serious Bodily Injury, Second or Subsequent
2 to 15 years imprisonment, $3,000 to $10,000 in fines, and license revocation up to 4 years.

DUI Resulting in Death, First Offense
5 to 15 years imprisonment, $5,000 to $10,000 in fines, and a 5-year license revocation.

DUI Resulting in Death, Second or Subsequent
10 to 20 years imprisonment, $10,000 to $20,000 in fines, and a 5-year license revocation.

All convicted persons must also complete a court-approved DWI class and pay a $500 highway safety assessment fee.

Consequences That Outlast the Criminal Sentence

A felony DUI conviction doesn’t end at sentencing. A felony record creates significant barriers to employment, particularly in fields requiring professional licenses, government positions, or commercial driving. Housing and educational opportunities can also be affected. Commercial drivers face federal CDL disqualification rules that Rhode Island courts can’t waive, making any DUI conviction potentially career ending regardless of what happens in state court.

A felony conviction can also affect civil rights, including firearm possession and voting rights while incarcerated. Restoration pathways exist but aren’t automatic. Because these consequences generally can’t be undone after sentencing, the defense strategy before conviction is a critical opportunity to address them.

Why I Handle Felony DUI Cases Differently

Felony DUI defense requires an attorney who understands how Rhode Island prosecutors think, how Superior Court judges approach sentencing, and how to challenge evidence at every stage from the traffic stop through the chemical test. My 14 years as a Municipal Prosecutor give me that perspective directly, not secondhand.

My credentials specific to Rhode Island DUI law include:

Author of Drunk Driving: Detection, Prosecution and Defense (2026 Update), used by practitioners in courtrooms statewide
20 published articles in the Rhode Island Bar Journal on criminal law and DUI
Lecturer for the Rhode Island Bar Association, the Rhode Island District Court Prosecutors Association, the Rhode Island Public Defender’s Office, the Rhode Island Association of Criminal Defense Lawyers, State Police, Municipal Police Departments, and Roger Williams University School of Law
NCDD State Delegate for Rhode Island
Founding Member and State Ambassador for the DUI Defense Lawyers Association
Newport County Bail Commissioner since 1996 and Municipal Court Judge for the Town of Tiverton

When you’re charged with a felony, the attorney defending you should know this area of law as thoroughly as anyone in Rhode Island. That’s what I bring to every felony drunk driving case I handle.

Contact a Felony DUI Attorney in Rhode Island Today

Early intervention matters. Bail conditions, evidence preservation, and the range of defense options can depend on how quickly you act after an arrest. I serve clients throughout Rhode Island, and I’m available around the clock because arrests don’t happen on a schedule.

Contact Law Offices of Robert H. Humphrey now for a free case evaluation. Call (401) 441-5486 anytime.

Felony DUI Defense Strategies in Rhode Island

Every felony DUI case turns on its own facts, and the defense follows from the evidence. Several lines of challenge are common in these cases, though whether any applies depends on the specific circumstances.

Legality of the traffic stop: A stop made without reasonable suspicion or probable cause may render the resulting evidence inadmissible. This is often the first issue examined.
Field sobriety test validity: These tests can be affected by physical conditions, footwear, road surface, lighting, and how the officer delivered the instructions. Their results aren’t beyond challenge.
Breathalyzer calibration and certification: Breath-testing devices must be properly calibrated and maintained, and the administering officer must hold current certification. Calibration records are subject to review.
Blood and urine test chain of custody: Laboratory protocols and proper handling procedures apply to chemical test samples. Deviations from required procedures can affect whether results are admissible.
Prior conviction validity: When a charge is elevated to a felony based on a prior DUI conviction, the circumstances of that prior conviction may sometimes be examined as part of the defense.
Accident reconstruction and causation: In cases involving serious bodily injury or death, causation evidence is subject to independent investigation and challenge. The state’s accident reconstruction isn’t automatically conclusive.

Frequently Asked Questions: Felony DUI in Rhode Island

What’s the difference between a misdemeanor DUI and a felony DUI in Rhode Island?
First and second DUI offenses are misdemeanors, carrying up to one year in jail and prosecuted in District Court. A third or subsequent offense within the five-year look-back period, or a DUI causing serious injury or death, is a felony prosecuted in Rhode Island Superior Court, where prison sentences of years are possible.

How does Rhode Island’s look-back period work?
Rhode Island uses a five-year look-back period to count prior DUI convictions when determining whether a new charge qualifies as a felony third offense. Prior convictions from other states count toward this threshold under R.I. Gen. Laws § 31-27-2.

Will I go to prison if convicted of a felony DUI?
A felony DUI conviction carries mandatory minimum jail or prison time under Rhode Island law. The specific minimums depend on the BAC level and the nature of the offense. Sentencing judges have some discretion within the statutory ranges, but the minimums can’t be waived by the court.

Can a felony DUI charge be reduced or dismissed?
Depending on the facts, a felony DUI charge may be subject to challenge, negotiation, or reduction. The strength of the evidence, procedural compliance by law enforcement, and the specific circumstances of the arrest all affect what outcomes may be available. Every case is different, and there are no guarantees.

What happens to my driver’s license after a felony DUI conviction?
A felony DUI conviction in Rhode Island carries mandatory license suspension or revocation periods ranging from two to five years depending on the offense category. An ignition interlock device may be required as a condition of any future reinstatement.

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"DUI charge dismissed."
My brother found you online and you are wonderful! I was very concerned about my previous DUI charge, but you were able to do the impossible and get the Providence Police DUI charge dismissed. Thank you.

- Lani
"Attorney Humphrey! I truly couldn't have asked for a better person to represent me."
Thank you so much, Attorney Humphrey! I truly couldn't have asked for a better person to represent me. Having you as my lawyer took away a tremendous amount of stress from this situation, which allowed me to learn and grow from my mistake. It is a great relief to put all of this behind me and move forward. So thank you again and have a great day!

- Abby
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I was on probation when I was arrested by the Middletown police for drunk driving. I knew I needed a great attorney if I wanted to avoid jail. I found Attorney Humphrey and met him at his office. He listened to me and helped alleviate my concerns. He used his considerable skills to keep me out of jail. For anyone charged with a probation violation, you should hire Attorney Humphrey. I have already referred another case to him and I would recommend his services to anyone!

- Joe

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