Rhode Island Implements New Drunk Driving Laws

Drunk driving is considered a serious offense in many states, but Rhode Island has taken steps to empower judges with the discretion to mandate an ignition interlock system for any person convicted of driving under the influence, even if it’s a first offense.

Ignition Interlock System Basics

Here’s what drivers need to know: the ignition interlock system is quite similar to a breathalyzer. In order to operate the vehicle, the driver has to pass a blood alcohol test or the vehicle will not start. If mandated in your Rhode Island drunk driving case, opting to use this ignition interlock device is the only way to retain driving privileges.

Drivers should also be aware that the costs of the device fall on the driver, that the device may need regular service from an outside provider, that an authorized service provider monitors the device, and that a failed breath test can lead to additional penalties for the driver.

What Are the Ignition Interlock Penalty Options?

The judge maintains discretion over whether this device has to be installed in certain situations, but there are guidelines related to whether it’s a first or subsequent offense and the blood alcohol content of the driver involved. Here’s what judges are instructed regarding first offenses:

  • For a driver who has blood alcohol content between .08% and .1%, the judge MAY mandate the use of an ignition interlock system in order to operate a vehicle
  • For a driver who has blood alcohol content between .1% and .15% or has an unknown BAC, the judge MAY mandate use of an ignition interlock device in order to operate a vehicle
  • For a driver who has blood alcohol content greater than .15% or who was under the influence of drugs, the judge SHALL mandate use of an ignition interlock device

If the ignition interlock system is used for a period between three months and one year, the mandatory license suspension period can be reduced to a minimum of 30 days. During the period of the license suspension, the driver may be eligible for a “conditional hardship license” that requires an ignition interlock system. In this case, the driver is eligible to use the vehicle for 12 hours a day to get to and from his or her place of work.

What if It’s My Second Offense?

For a second offense, Rhode Island judges are instructed to prohibit use of a vehicle without the ignition interlock.

  • For drivers with a blood alcohol content between .08% and .15% or with an unknown BAC, the judge SHALL prohibit use of a vehicle without the ignition interlock system
  • For driers with BAC equal to or greater than .15% or those drivers under the influence of drugs, the judge SHALL prohibit vehicle operation without an ignition interlock system.

The mandatory license suspension period can be reduced to a 45 day minimum if the ignition interlock is installed for between six months and two years. During the suspended license period, the driver may be eligible for a conditional hardship license. This requires the use of an ignition interlock system and allows the driver to operate a vehicle up to 12 hours a day to get to and from the workplace.

What If It’s My Third Offense?

Judges in Rhode Island tend to take a third DUI offense quite seriously, and the new mandatory sanctions reflect that.

  • For drivers with blood alcohol content between .08% but less than .15% or with an unknown BAC, the judge SHALL prohibit vehicle operation without an ignition interlock system
  • For those with BAC equal to or great than .15% of for those driving under the influence of drugs, the judge SHALL prohibit vehicle operation without an ignition interlock and require drug or alcohol treatment.

Using the ignition interlock system for a period of one to four years can reduce the mandatory license suspension period to 60 days.

If you have been accused of driving under the influence, you need to get advice from an experienced attorney as soon as possible. Contact a Rhode Island DUI defense attorney today.

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Before anyone acts in reliance on this information, he or she should verify it with a competent legal professional.