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Driving while impaired charges in Rhode Island
Under Rhode Island criminal law, Driving While Impaired may be found under Rhode Island General Laws, Section 31-27-2.7. This offense is applied to a defendant who is under age 21 but at least age 18 and whose BAC was at least a .02% but less than a .08%.
However, a conviction for this offense is not considered a criminal. It is important for motorists to know that upon taking a chemical breath test, even if your BAC is below the .08 legal limit necessary for a criminal DUI, you may still be cited or charged civilly with Driving While Ability Impaired.
Potential punishment if convicted of driving while impaired in Rhode Island
A defendant convicted of Driving While Impaired, for a first offense, will be punished by a fine of not more than $250 and 30 hours of community restitution.
In addition, the defendant’s driving license will be suspended for 1 to 3 months and will be required to attend a special course in driving while intoxicated and an alcohol and/or drug treatment program if ordered. Failure to attend the course and/or an alcohol or drug treatment program shall result in the defendant’s driving license being suspended until the course and/or treatment program is completed.
For a second and subsequent conviction for Driving While Ability Impaired, the defendant will be punished by a fine of not more than $250 together with a highway safety assessment of $300 and will be required to perform up to 60 hours of community restitution.
In addition, the defendant’s driving license will be suspended for 3 to 6 months and the defendant will be required to attend a special course in driving while intoxicated and also attend an alcohol and/or drug treatment program. Under Rhode Island Criminal law, the penalties for Driving While Impaired may be found under Rhode Island General Laws, Section 31-27-2.7.
If the defendant is under the age 18 and his BAC was determined to be at least .02% but less than .1%, he will be prosecuted for Driving While Impaired in the Rhode Island Family Court.
A convicted offender must pay a highway assessment fee of $150, have his or her license suspended for 6 to 12 months, attend a special course on driving while intoxicated and attend an alcohol and/or drug treatment program, if ordered by the Family Court. Failure to attend the course and/or treatment program will result in suspension of the defendant’s license until the course or treatment program has been completed.
Under Rhode Island law, the penalties for Driving While Impaired for Person Under 18, may be found under Rhode Island General Laws, Section 31-27-2.5.
For a second violation by a motorist under age 18, the defendant’s driving license shall be suspended until he or she is age 21 and he or she must attend alcohol and/or drug treatment. For a third or subsequent violation by a motorist under age 18, the defendant’s driving license will be suspended for an additional period of 2 years and he or she will be required to attend alcohol and/or drug treatment.
If you have been charged with driving while impaired and need expert legal representation, contact the Rhode Island Motor Vehicle Defense Attorneys at the Law Office of John L. Calcagni III by email or call today at (401) 351-5100 to schedule a free consultation.
