Facing Second DUI Charges in RI
In my 30+ years of experience as a DUI criminal defense attorney I’ve successfully defended thousands of clients facing second DUI charges in Rhode Island. I understand that even good people make mistakes sometimes—and those mistakes shouldn’t negatively impact your life months or years from now.
Plus as a former Rhode Island state prosecutor I know exactly what kind of penalties you’re up against. I’ll advocate aggressively on your behalf no matter what the details of your DUI case may be.
What to Expect After Your Second DUI Arrest
If you’re facing second DUI charges in Rhode Island here’s the typical process you’ll go through:
- Arraignment – A short court appearance where a judge formally reads you the charges, sets bail, and asks you to enter a plea (I advise pleading Not Guilty at this stage).
- Discovery – The few weeks following your arraignment during which your lawyer investigates your case and gathers evidence to support your defense.
- Pre-trial conferences – During these meetings the prosecutor and your lawyer discuss your case and potential plea bargain options.
- Trial prep, negotiation, or dismissal – Once the pre-trial conferences are complete, your case will either go to trial, continue plea deal negotiations, or be dismissed due to a lack of evidence.
- Trial – If you go to trial and you’re found Not Guilty, you have no penalties and can put all of this behind you. If you’re found Guilty, you’ll be sentenced according to legal guidelines.
As your Rhode Island DUI attorney, I’ll only recommend that we go to trial if I’m as certain as I can be that we’ll win a favorable outcome. My first priority will always be getting your case dismissed and expunged so it can never come back to haunt you.
Penalties for Second DUI Charges in Rhode Island
Under R.I. Gen. Laws § 31-27-2 the potential penalties for your second DUI charge depend on the details of your case. The biggest factors are your BAC at the time of your arrest and whether anyone else was injured or killed.
But know that there are no “light” penalties in this scenario. If you’re found guilty, you face serious fines, suspension of your driver’s license, and a mandatory jail sentence.
Penalties for a Second DUI Within 5 Years (BAC Between .08% – .15% or Unknown)
- Second DUI conviction on your criminal record
- Mandatory minimum of 10 days in jail, up to 1 year
- Up to $400 in fines
- Suspension of your driver’s license for 1 – 2 years
- Mandatory completion of substance abuse treatment
- Installation of ignition interlock device
Penalties for a Second DUI Within 5 Years (BAC Above .15%)
- Second DUI conviction on your criminal record
- Mandatory minimum of 6 months in jail, up to 1 year
- Up to $1000 in fines
- Suspension of your driver’s license for 2 years (starting upon completion of jail sentence)
- Mandatory completion of substance abuse treatment
- Mandatory installation of ignition interlock device
Penalties for a Second DUI Within 5 Years with a Child Under 13 in Vehicle
- Second DUI conviction on your criminal record
- Up to 5 years in jail
- Up to $5000 in fines
- Immediate suspension of your driver’s license
- Additional license suspension for 2 years
- Mandatory attendance at an intoxicated driving re-education course
- Mandatory substance abuse treatment
- Installation of ignition interlock device
Penalties for a Second DUI Within 5 Years Due to Drug Impairment
- Second DUI conviction on your criminal record
- Mandatory minimum of 10 days in jail, up to 1 year
- $400 to $1000 in fines
- Suspension of your driver’s license for 1 – 2 years
- Mandatory completion of substance abuse treatment
- Mandatory installation of ignition interlock device
Penalties for a Second DUI Within 5 Years While Under 18
- Second underage DUI conviction on your criminal record
- Up to one year of mandatory attendance at the Rhode Island training school
- Up to $500 in fines
- Suspension of your driver’s license until you turn 21
- Installation of ignition interlock device
Penalties for a Second DUI Within 5 Years Resulting in Serious Bodily Injury
- Felony DUI conviction on your criminal record
- Mandatory minimum of 2 years in prison, up to 15
- $3000 to $10000 in fines
- Suspension of your driver’s license for up to 4 years
- Mandatory completion of substance abuse treatment
Penalties for a Second DUI Within 5 Years Resulting in Death
- Felony DUI conviction on your criminal record
- Mandatory minimum of 10 years in prison, up to 20
- $10000 to $20000 in fines
- Suspension of your driver’s license for 5 years
- Mandatory completion of substance abuse treatment
Work with a Knowledgeable, Thorough, and Experienced Second Offense DUI Lawyer
The most important thing to know here is that all Rhode Island DUI lawyers are not created equal. Avoiding jail time and another mark on your criminal record will require dedication, strategy, and a deep knowledge of legal protocols.
With my 30+ years of successful experience, you can expect all of that and more when you hire me as your attorney. Here are some other reasons to hire me:
- I personally handle every single aspect of your case, from doing paperwork to answering your calls to standing next to you in court.
- I have longstanding positive relationships with every Rhode Island prosecutor and judge.
- I prioritize dismissal and expungement of your case so you can truly put it behind you.
- I have 450+ 5-star Google reviews from happy past clients.
- Judges, police officers, and lawyers often refer their friends and family to me because of my proven track record.
- I’ll never put an associate in charge of your case or take a “hands-off” approach.
- I’m available 24/7/365 because I know things often happen outside of standard business hours.
If you or a loved one are facing second DUI charges in Rhode Island, I’m here to help. Contact me immediately at (401) 861-1155 for your free consultation. The sooner you call, the sooner I can start fighting for your freedom.
Second DUI Charges in Rhode Island FAQs
Is there an increase in insurance rates after a second DUI in Rhode Island?
Yes, you should expect to see an increase in your insurance rates after a second DUI in Rhode Island. According to data, you’ll have to pay an average of 86% more following a DUI in RI.
Or your carrier may drop you altogether. In this situation, you’d have to speak with an insurance provider who specifically covers individuals with DUI convictions.
What are the chances of getting a second DUI charge dismissed in Rhode Island?
The chances of getting a second DUI charge dismissed in Rhode Island are often seen as low due to the state’s strict DUI laws, but I’ll pursue every possible avenue to achieve this outcome.
To be clear, the odds aren’t necessarily as low as “one-in-a-million.” You see, police officers and prosecutors have to follow very clear, specific legal protocols in order for your arrest and charges to be valid.
I’ll put every single action under a metaphorical microscope to look for errors and issues. These can strengthen our chances of getting your charges dismissed.
What are the penalties for driving on a suspended license after a second DUI in Rhode Island?
The penalties for driving on a suspended license after a second DUI in Rhode Island are:
- Felony conviction on your criminal record
- Up to 3 years in jail
- Up to $3000 in fines
- Mandatory completion of substance abuse treatment
These penalties make it especially clear just how difficult life can become following a conviction for second DUI charges in Rhode Island. Contact me now at (401) 861-1155 for your free case evaluation and to start building your custom defense strategy.