How Long Does a DUI Stay on Your Record in Rhode Island?

How Long Does a DUI Stay on Your Record in Rhode Island?

Under various circumstances, driving through Rhode Island can be challenging. Winter weather can pose a serious problem, and driving at night is always a risk, even for the most experienced drivers. Making a bad judgment call and facing a DUI charge may leave you wondering, “How long does a DUI stay on your record in Rhode Island?” Although the time frame varies, both misdemeanor and felony DUI convictions can be removed through expungement.

Hire a DUI Lawyer

When facing DUI charges, you need an advocate who understands that everyone makes mistakes and still deserves compassionate and respectful representation. When you hire a DUI lawyer at Ellison Law LLC, we look at the person behind the charges and represent your interests during this difficult time. Our client-centered approach allows us to provide high-quality representation by listening to our clients’ needs.

DUI Prevalence in Rhode Island

Information gathered by SafeHome shows the prevalence of drunk driving. In 2024, across the United States, officers arrested 804,926 drivers suspected of DUI, which accounted for 11% of all traffic arrests. In Rhode Island, there were:

  • 23,559 total traffic arrests
  • 2,811 suspected DUI arrests
  • 9% of all arrests were for suspected DUI

In 2023, 12,429 Americans were killed in alcohol-related traffic accidents. In Rhode Island:

  • 71 total traffic fatalities
  • 24 alcohol-related traffic fatalities
  • 33% of all traffic fatalities are alcohol-related

Length of Time a DUI Stays on Your Record

Once you are convicted of a DUI, that conviction remains on your criminal record indefinitely unless you successfully petition to have the charge expunged. According to Rhode Island General Laws Title 12, the requirements to have your records expunged are as follows:

  • Five years after the completion of the sentence
  • Ten years after the completion of the sentence.

Rhode Island DUI Penalties

The Division of Motor Vehicles lists the Rhode Island DUI penalties. These penalties for DUI when you are over 21 years of age can be severe. In addition to alcohol or drug courses or treatment programs, the penalties are:

  • First offense with a blood alcohol content (BAC) of 0.08% to 0.1%
    • Up to one year in jail
    • 30 to 180-day license suspension
    • $100 to $300 fine plus $86 fee
    • $500 highway safety assessment
    • 10 to 60 hours of community service
  • First offense with a BAC of 0.1% to 0.15%
    • Up to one year in jail
    • 3 to 12 months license suspension
    • $100 to $400 fine plus $86 fee
    • $500 highway safety assessment
    • 10 to 60 hours of community service
  • First offense with a BAC over 0.15%
    • Up to one year in jail
    • 3 to 18 months license suspension
    • $500 fine plus $86 fee
    • $500 highway safety assessment
    • 20 to 60 hours of community service
  • Second offense (within five years) with a BAC of 0.08% to 0.15%
    • 10 days to one year in jail
    • One to two-year license suspension
    • Ignition interlock system for one to two years
    • $400 fine plus $86 fee
    • $500 highway safety assessment
  • Second offense (within five years) with a BAC above 0.15%
    • Six months to one year in jail
    • Two-year license suspension
    • $1,000 fine plus $86 fee
    • $500 highway safety assessment
  • Third or subsequent offense (within five years) with a BAC of 0.08% to 0.15%
    • One to three years in prison
    • Two to three-year license suspension
    • Ignition interlock system for two years
    • $400 fine plus $86 fee
    • $500 highway safety assessment
  • Third or subsequent offense (within five years) with a BAC over 0.15%
    • Three to five years in prison
    • Three-year license suspension
    • $1,000 to $5,000 fine plus $86 fee
    • $500 highway safety assessment

If a DUI results in serious bodily injury or death, the penalties can become significantly more severe. Those who are convicted can face long-term imprisonment, fines of up to tens of thousands of dollars, and multi-year license revocations. Repeat offenses within a five-year period carry even harsher sentences, often doubling the potential fines and prison time.

FAQs

Am I Eligible to Have a DUI Expunged in Rhode Island?

You are eligible to have a DUI expunged in Rhode Island if you meet the requirements outlined in the Rhode Island General Laws Title 12. You are eligible if you are a first-time offender and you have completed any court-ordered assessments and paid all fees, fines, or costs associated with your conviction. You have to file the expungement in the same court in which the conviction took place.

How Long Does a DUI Show Up on a Background Check?

How long a DUI could show up on a background check depends on whether you’ve had your record expunged. Rhode Island does not have any laws restricting employers from using DUI records when considering employment. Once you have been convicted of a DUI, the conviction stays on your record until you’ve satisfied the criteria for expungement and petitioned the court to have your record expunged.

What Are the Individual Costs of a DUI Arrest and Conviction?

The overall cost of a DUI varies but is estimated to range from $11,000 to $30,000. During the process, you may face costs for bail bonds, towing and impound fees, attorney fees, court fines, insurance premium increases, court-ordered educational programs, license reinstatement fees, and the cost of an ignition interlock device.

Can I Refuse a Chemical Test in Rhode Island?

In Rhode Island, under implied consent laws, it is unlawful to refuse a chemical test for a suspected DUI. Penalties for refusing a chemical test could include fines, license suspension, a highway safety assessment, a Department of Health chemical testing program assessment, community service, driving courses, and alcohol treatment programs.

Contact Ellison Law LLC

With Ellison Law LLC, you get a DUI attorney ready to fight on your behalf. We attack every DUI case using three different strategies simultaneously. We challenge legal issues, factual issues, and showcase the human side of every case. Contact us today for a confidential consultation.

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