What Are the Rhode Island DUI Laws and Penalties in 2025?

Rhode Island has strict DUI laws designed to prevent drunk driving accidents. Understanding these laws helps victims understand the seriousness of violations and strengthens compensation claims.

Rhode Island Blood Alcohol Content (BAC) Limits

  • Adult drivers (21+): 0.08% BAC or higher
  • Commercial drivers: 0.04% BAC or higher
  • Drivers under 21: 0.02% BAC or higher (zero tolerance)
  • Highly intoxicated: 0.15% BAC or higher (enhanced penalties)

DUI Penalties in Rhode Island

Offense BAC Level Fine Jail Time License Suspension
1st Offense 0.08% - 0.10% Up to $300 Up to 1 year 3-12 months
0.10% - 0.15% Up to $400 Up to 1 year 12 months
0.15% or higher $500 Up to 1 year 18 months
2nd Offense 0.08% - 0.15% Up to $1,000 Minimum 10 days Up to 2 years
0.15% or higher $1,000 Minimum 6 months 2 years
3rd Offense Any level $1,000-$5,000 3-5 years (felony) 3 years
Shocking Rhode Island DUI Statistics:
  • 43.7% of traffic fatalities in Rhode Island involve alcohol (2022)
  • 58% of drivers in deadly crashes were drinking and driving (2023)
  • Rhode Island ties with South Carolina for highest percentage of drunk driving fatalities nationwide
  • 61% increase in alcohol-related crash fatalities from 2016-2017
  • An average drunk driver has driven drunk over 80 times before first arrest

What Should I Do After a Drunk Driving Accident in Rhode Island?

If you've been injured by a drunk driver in Rhode Island, taking immediate action is crucial for your safety and legal rights:

  1. Call 911 immediately - Report the accident and request medical assistance
  2. Seek medical attention - Even if injuries seem minor, get evaluated by a doctor
  3. Document everything - Take photos, get witness contact information
  4. Note signs of intoxication - Slurred speech, alcohol odor, erratic behavior
  5. Get the police report number - This will contain crucial evidence
  6. Contact an experienced attorney immediately - Don't speak to insurance companies without legal representation
  7. Preserve evidence - Keep all medical records, repair estimates, and documentation

Who Can Be Held Liable for a Drunk Driving Accident in Rhode Island?

Rhode Island law allows victims to hold multiple parties responsible for drunk driving accidents, often resulting in greater compensation for victims.

The Drunk Driver

The intoxicated driver is always primarily liable for damages including:

  • Medical expenses and future medical care
  • Lost wages and earning capacity
  • Pain and suffering
  • Property damage
  • Wrongful death damages

Dram Shop Liability - Suing Bars and Restaurants

Rhode Island's Liquor Liability Act allows victims to sue establishments that overserved alcohol to the drunk driver. This includes:

Who Can Be Held Liable:

  • Bars and nightclubs
  • Restaurants with liquor licenses
  • Casinos and gaming establishments
  • Liquor stores (in certain circumstances)
  • Private clubs and organizations

Grounds for Dram Shop Claims:

  • Negligent service: Serving alcohol to someone visibly intoxicated
  • Reckless service: Actively encouraging excessive drinking
  • Serving minors: Providing alcohol to anyone under 21
  • Failure to monitor: Not checking for signs of intoxication

Evidence in Dram Shop Cases:

  • Witness testimony about the driver's condition
  • Receipts showing alcohol purchases and timing
  • Security camera footage from the establishment
  • Server and bartender testimony
  • Expert testimony on alcohol impairment

Social Host Liability

In some cases, private party hosts can be held liable for:

  • Serving alcohol to minors at private parties
  • Allowing underage drinking on their property
  • Recklessly providing alcohol knowing the person would drive

How Do I Prove the Driver Was Drunk?

Proving intoxication in drunk driving accident cases requires specific evidence that experienced attorneys know how to gather and present:

Police Evidence

  • BAC test results: Blood, breath, or urine tests
  • Field sobriety test results: Standardized physical tests
  • Police observations: Officer notes about behavior, speech, coordination
  • Criminal charges: DUI arrests and convictions

Witness Testimony

  • Other drivers who observed erratic driving
  • Passengers in the drunk driver's vehicle
  • Bar staff who served the driver
  • People who saw the driver before the accident

Physical Evidence

  • Open containers or alcohol bottles in the vehicle
  • Receipts from bars or liquor stores
  • Damage patterns consistent with impaired driving
  • Cell phone records showing erratic behavior

What Compensation Can I Recover in Rhode Island?

Drunk driving accident victims in Rhode Island may recover substantial compensation due to the serious nature of these crashes and multiple liable parties.

Economic Damages

  • Medical expenses: Hospital bills, surgery, rehabilitation, therapy
  • Future medical costs: Ongoing treatment and care needs
  • Lost wages: Income lost due to inability to work
  • Lost earning capacity: Reduced ability to earn income in the future
  • Property damage: Vehicle repair or replacement costs
  • Home modifications: Accessibility improvements for disabilities

Non-Economic Damages

  • Pain and suffering: Physical discomfort and emotional distress
  • Emotional trauma: PTSD, anxiety, depression from the accident
  • Loss of enjoyment of life: Inability to participate in favorite activities
  • Disfigurement or disability: Permanent physical changes
  • Loss of consortium: Impact on family relationships

Punitive Damages

In cases involving extreme recklessness, Rhode Island courts may award punitive damages to:

  • Punish particularly egregious behavior
  • Deter future drunk driving incidents
  • Send a message that drunk driving won't be tolerated
Notable Rhode Island Settlements: In 2016, Twin River Casino was found liable for $23 million after serving a visibly intoxicated teenager who caused a crash that left a passenger paralyzed, demonstrating the potential for substantial dram shop awards.

Frequently Asked Questions About Rhode Island Drunk Driving Accidents

Can I sue even if the drunk driver wasn't convicted of DUI?

Yes. Civil cases have a lower burden of proof than criminal cases. You can recover damages even if the driver wasn't criminally convicted, as long as you can prove impairment caused the accident.

What if the drunk driver doesn't have insurance or assets?

This is where dram shop claims become crucial. Bars and restaurants typically have substantial insurance coverage, providing an additional source of compensation when the driver has limited resources.

How long do I have to file a lawsuit in Rhode Island?

Rhode Island has a 3-year statute of limitations for personal injury claims, but evidence can disappear quickly. It's crucial to contact an attorney immediately to preserve evidence and protect your rights.

What if I was partially at fault for the accident?

Rhode Island follows comparative negligence rules. You can still recover damages even if you were partially at fault, though your compensation will be reduced by your percentage of fault.

Can family members sue if someone was killed by a drunk driver?

Yes. Rhode Island allows wrongful death claims for surviving family members, including compensation for loss of support, companionship, and funeral expenses.

What if the drunk driver was under 21?

Underage drunk driving cases often involve stronger dram shop claims, as any establishment serving alcohol to someone under 21 can be held strictly liable for resulting damages.

Why Choose Kirshenbaum & Kirshenbaum for Your Drunk Driving Case?

90+ Years of Combined Experience

Since 1933, Kirshenbaum & Kirshenbaum has been fighting for accident victims throughout Rhode Island. We understand the devastating impact drunk driving accidents have on victims and families.

Proven Success in Complex Cases

  • Extensive drunk driving case experience - We've handled hundreds of DUI accident claims
  • Dram shop expertise - Skilled at pursuing claims against bars and restaurants
  • Strong investigative capabilities - We work with accident reconstruction experts and toxicologists
  • Multiple liable party experience - We identify all potential sources of compensation

Comprehensive Legal Support

  • Free initial consultation - No cost to discuss your case
  • No fees unless we win - Contingency fee arrangement
  • Personal attention - Direct access to experienced attorneys
  • Thorough investigation - We handle all aspects of building your case
  • 24/7 availability - Emergency consultations available

Understanding of Rhode Island's Unique Challenges

  • Deep knowledge of Rhode Island's high drunk driving fatality rates
  • Experience with local law enforcement and court systems
  • Established relationships with medical experts and investigators
  • Understanding of Rhode Island's dram shop laws and precedents

Take Action Now - Time Is Critical

Don't Wait: Evidence in drunk driving cases can disappear quickly. Security footage gets deleted, witnesses forget details, and alcohol establishments may destroy records. Contact us immediately to protect your rights.

Christopher L. Russo
Helping Rhode Island personal injury victims for nearly three decades to get the compensation they deserve.