Rhode Island Felony DUI Lawyer

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A Rhode Island DUI Can Become a Felony for Several Reasons

Not every Rhode Island DUI is a felony.

A third or subsequent offense within the applicable 10-year period can be one. So can driving under the influence while your license is suspended or revoked for an earlier DUI.

A second or subsequent DUI with a child under 13 in the vehicle can also carry felony consequences. Separate felony-level charges apply when a DUI results in serious bodily injury or death.

Once the charge reaches that level, the details of the stop, the testing, your prior record, and the reason for the felony designation all become important.

The right defense starts with understanding what the state is alleging and which law applies to your case.

Ellison Law LLC brings experience from both sides of the criminal justice system. Founding attorney David Ellison began his legal career with the Massachusetts public defender system, while attorney Justin Lisi previously worked for the Rhode Island Public Defender after nearly a decade as a Rhode Island police officer.

That background gives our attorneys firsthand familiarity with how DUI cases are investigated, prosecuted, and challenged.

If you are facing a felony DUI charge, contact Ellison Law LLC to discuss the charge, the evidence, and the options available before your next court appearance.

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Rhode Island Felony DUI Charges We Handle

Rhode Island DUI law does not treat every serious DUI case the same way.

The reason the state has classified your case as a felony can affect the charge, potential sentence, and defense issues that need attention.

Our Rhode Island felony DUI attorneys handle cases involving:

  • Third or subsequent DUI offenses within the applicable 10-year period
  • DUI while driving on a license suspended, revoked, or cancelled because of an earlier DUI
  • A second or subsequent DUI with a child under 13 present in the vehicle
  • DUI resulting in serious bodily injury
  • DUI resulting in death

The distinction matters because these offenses carry different statutory requirements and penalties. A prior conviction, the timing of earlier offenses, the driver’s license history, the presence of a child, and the circumstances of an accident can all affect how the case proceeds.

Rhode Island Felony DUI Penalties

For a third or subsequent DUI conviction within 10 years, Rhode Island law provides different penalties based on the alleged alcohol concentration or the presence of drugs.

For a BAC of .08% or higher but below .15%, a conviction carries a mandatory $400 fine, a two- to three-year license suspension, and one to three years of imprisonment.

At .15% or higher, or when the offense involves certain drugs or controlled substances, the mandatory prison term increases to three to five years, the fine ranges from $1,000 to $5,000, and the license suspension is three years.

The law also requires alcohol or drug treatment and ignition interlock requirements after a qualifying conviction. In some third-offense cases, the sentencing judge may also order the seizure and sale of the vehicle involved.

Driving under the influence while your license is suspended, revoked, or cancelled because of an earlier DUI is separately classified as a felony. That offense carries up to three years in prison and a fine of up to $3,000.

A DUI involving a child under 13 has its own provision. A second or subsequent conviction under that provision is a felony punishable by up to five years in prison and a fine of up to $5,000, along with a possible license suspension of up to two years.

DUI Cases Involving Serious Injury or Death

A DUI becomes a substantially different criminal matter when another person is seriously injured or killed.

Rhode Island law defines serious bodily injury to include an injury that creates a substantial risk of death, causes serious physical disfigurement, or results in prolonged loss or impairment of the function of a body part or organ.

A conviction for DUI resulting in serious bodily injury carries a prison term of one to 10 years and a fine of $1,000 to $5,000 under the current statute.

DUI resulting in death is addressed separately. A first conviction carries five to 15 years in prison, a $5,000 to $10,000 fine, and a five-year license revocation. Prior convictions can increase the statutory penalties substantially.

These cases can involve more than the question of whether alcohol or drugs were present.

The prosecution may rely on accident reconstruction, chemical testing, witness statements, medical records, officer observations, and other evidence to establish what happened and whether the required elements of the charge can be proven.

That makes early review of the evidence important. Our attorneys can examine the traffic stop, investigation, testing procedures, statements, and charging documents to identify issues that may affect the case.

How a Felony DUI Defense Is Built

A felony DUI case should not be reduced to the BAC number on a police report. There may be several separate issues worth examining:

1. The Traffic Stop

The circumstances leading to the stop can affect what evidence the police were permitted to obtain. If the stop itself raises a constitutional issue, that may become an important part of the defense.

2. Field Sobriety and Officer Observations

The state may rely on an officer’s description of driving, speech, balance, coordination, or field sobriety testing. Those observations need to be evaluated alongside the surrounding circumstances rather than treated as conclusive by themselves.

3. Chemical Testing

Blood, breath, urine, and other chemical evidence must meet legal requirements before it can be used against you. Testing procedures, equipment, certification, timing, and the handling of evidence can all warrant review.

4. Prior DUI Convictions

For a third-offense allegation, the prosecution must establish the prior offenses that place the new charge within the statutory period. The dates and nature of those convictions can matter to whether the felony provision applies.

5. License Status

A felony allegation based on driving while suspended or revoked for an earlier DUI requires careful examination of the license history and the reason for the suspension or revocation.

6. Injury or Death Allegations

When another person was seriously injured or killed, the defense may need to address accident evidence, causation, medical evidence, toxicology, and the state’s theory of how the collision occurred.

Recent Rhode Island DUI Case Outcomes

Past results cannot predict the outcome of another case. The following matters reflect results Ellison Law LLC reports having obtained for clients.

Outcome Case Type
Not Guilty OUI Third Offense (Felony)
License Suspension Reduced From Up to 12 Months to 3 Months DUI-Related License Suspension

In the license suspension matter, attorney Justin Lisi’s prior experience as a Rhode Island police officer and public defender informed the review of the state’s case, and the client’s suspension was reduced from a potential 12 months to three months.

Rhode Island Felony DUI Questions

What makes a DUI a felony in Rhode Island?

Several circumstances can lead to felony treatment. These include a third or subsequent DUI within the applicable 10-year period, driving under the influence while your license is suspended or revoked because of an earlier DUI, and a second or subsequent DUI involving a child under 13.

Rhode Island also has separate felony-level offenses for DUI resulting in serious bodily injury or death.

How much does a Rhode Island felony DUI lawyer cost?

There is no single fee that applies to every felony DUI case. The charge, evidence, prior record, court proceedings, and whether litigation or trial work becomes necessary can all affect the cost. Ellison Law LLC can discuss fees after reviewing the circumstances of your case.

How long does a felony DUI case take in Rhode Island?

The schedule can be affected by the court, discovery, motions, expert evidence, negotiations, and whether the case proceeds to trial. After reviewing your charge, our attorneys can explain the stages ahead and what may affect the timing.

Do I need a lawyer if I am considering a guilty plea?

A guilty plea does not eliminate the need to understand the consequences. A felony DUI can involve imprisonment, substantial fines, license consequences, treatment requirements, and ignition interlock restrictions. Our attorneys can review the evidence, explain the available options, and negotiate with the prosecution when appropriate.

Will I lose my license after a felony DUI conviction?

License consequences depend on the offense. A third or subsequent DUI carries a two- to three-year suspension at the lower BAC tier and a three-year suspension at the higher BAC tier.

Other felony DUI offenses have different revocation or suspension provisions. Ignition interlock requirements may also apply.

Take the Next Step on Your Rhode Island Felony DUI

A felony DUI charge puts several issues on the table at once.

The prior convictions, license history, chemical testing, police investigation, and circumstances surrounding the alleged offense can all affect what happens in court.

You can contact Ellison Law LLC to review the charge with a Rhode Island criminal defense attorney and discuss the evidence, potential consequences, and available defense options before your case moves further through the court system.

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