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Lesson 16 of 17 · X. Drinking and Driving

Refusal and DUI penalties

Penalties climb with each violation within five years. A first adult DUI at .08% to .1% can mean up to a year in prison and a 30 to 180 day suspension.

Topic
Alcohol and DUI
Key points
8
Numbers
12
Manual
Handbook pp. 59 to 61
What you must know

Key points

  1. For a minor, a first chemical test refusal brings a 6 month suspension, a $200 to $500 fine, a $500 highway safety assessment and 10 to 60 hours of community service.

    Source: Handbook p. 59
    “Chemical Test Refusal 1st Violation 6 month license suspension $200 - $500 fine $500 highway safety assessment 10 - 60 hours of community service”
    Rhode Island Driver's Manual, Handbook p. 59
  2. A second adult refusal within 5 years is a misdemeanor with up to 6 months in prison.

    Source: Handbook p. 60
    “2nd violation (within a 5 year period) - Misdemeanor Up to 6 months in prison”
    Rhode Island Driver's Manual, Handbook p. 60
  3. A first adult DUI at .08% to .1% can bring up to 1 year in prison, a 30 to 180 day suspension and a $100 to $300 fine.

    Source: Handbook p. 60
    “BAC: 0.08% - 0.1% 1st violation - Misdemeanor Up to 1 year in prison 30 - 180 day license suspension $100 - $300 fine $500 highway safety assessment”
    Rhode Island Driver's Manual, Handbook p. 60
  4. A third DUI within 5 years is a felony.

    Source: Handbook p. 60
    “3rd or subsequent violation (within a 5 year period) - Felony”
    Rhode Island Driver's Manual, Handbook p. 60
  5. It is against the law for a driver of any age to drink alcohol while driving.

    Source: Handbook p. 59
    “IT IS AGAINST THE LAW FOR A DRIVER OF ANY AGE TO CONSUME AN ALCOHOLIC BEVERAGE WHILE DRIVING.”
    Rhode Island Driver's Manual, Handbook p. 59
  6. An underage driver carrying alcohol, opened or not, without a parent can lose their license for up to 30 days.

    Source: Handbook p. 61
    “and, knowingly having liquor or intoxicating beverages in any form in containers, opened or unopened, in any part of the vehicle, shall have his/her license suspended or his/her right to operate a motor vehicle denied for a period of not more than thirty (30) days”
    Rhode Island Driver's Manual, Handbook p. 61
  7. Underage possession of alcohol brings a first offense fine of $150 to $750.

    Source: Handbook p. 61
    “shall be fined one hundred fifty dollars ($150) to seven hundred fifty dollars ($750) for the first offense”
    Rhode Island Driver's Manual, Handbook p. 61
  8. Underage possession also brings at least a 60 day license suspension.

    Source: Handbook p. 61
    “shall be subject to a minimum sixty (60) day suspension of his or her driver’s license”
    Rhode Island Driver's Manual, Handbook p. 61
Exact figures

Numbers to know

NumberWhat it meansManual
6 monthssuspension for a minor's first refusalHandbook p. 59
$200 to $500fine for a first refusalHandbook p. 59
$500highway safety assessment for a refusal or DUIHandbook p. 59
10 to 60 hourscommunity service for a first refusalHandbook p. 59
5 yearswindow for counting repeat violationsHandbook p. 60
1 yearmaximum prison for a first adult DUIHandbook p. 60
30 to 180 dayssuspension for a first DUI in the lowest BAC bandHandbook p. 60
$100 to $300fine for a first DUI in the lowest BAC bandHandbook p. 60
0.08% to 0.1%BAC band for the lowest first DUI penaltiesHandbook p. 60
30 dayssuspension for an underage driver transporting alcoholHandbook p. 61
$150 to $750first offense fine for underage possessionHandbook p. 61
60 daysminimum suspension for underage possessionHandbook p. 61
Check yourself

3 questions from the Rhode Island practice test

  1. 1. For a Rhode Island driver age 21 or older, which BAC range is listed under the first DUI violation?

    1. 0.02% to less than 0.05%
    2. 0.1% to 0.15% only
    3. 0.08% to 0.1%
    4. 0.15% or above only
    Show answer

    0.08% to 0.1%. The adult DUI table begins its first violation category at a BAC of 0.08% to 0.1%. The choice “0.02% to less than 0.05%” belongs to a lower concentration and does not identify this adult DUI category. The two higher ranges are separate penalty bands with different listed consequences, not the opening range. A useful study cue is to separate the adult table by BAC bands before comparing suspension periods, fines, or community service requirements.

  2. 2. How much is the highway safety assessment that Rhode Island law charges a person found in violation of the chemical test refusal statute?

    1. $500
    2. $150
    3. $300
    4. $86
    Show answer

    $500. Rhode Island General Laws section 31-27-2.1 requires anyone found in violation of the chemical test refusal statute to pay a highway safety assessment of $500, in addition to any other fines. The $150 assessment in the manual belongs to the under 18 driving while impaired table, and the $300 figure appears in the 18 to 21 driving while impaired table for a second violation. The $86 amount is a fee in the adult DUI table, not the refusal assessment. Refusing a test does not avoid these costs; it adds its own penalty package.

  3. 3. A Rhode Island 18-year-old is caught possessing an alcoholic beverage for the first time. Besides a fine, what license consequence does the law set?

    1. A 5 year revocation
    2. No license consequence
    3. Suspension until age 21
    4. A minimum 60 day license suspension
    Show answer

    A minimum 60 day license suspension. Under the underage possession law, anyone under 21 who possesses an alcoholic beverage is fined $150 to $750 for a first offense and is subject to a minimum 60 day suspension of the driver's license. Community service may also be required, and a second offense may bring a substance abuse assessment. The law does attach a license penalty, so a choice with no license penalty is wrong. Suspension until 21 and a 5 year revocation come from other parts of the penalty tables, not this possession law.

Next step

Practice this topic

Lock it in with alcohol and dui questions from the free Rhode Island practice test. Every answer comes with a plain English explanation.

Source: the Rhode Island Driver's Manual, X. Drinking and Driving. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.