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Rhode Island

Felony DUI

Third offense

DUID Zero Tolerance and Per Se Laws

Zero tolerance for some drugs

Cannabis Drug-Impaired Driving Laws

Zero tolerance for THC and metabolites

DUI Child Endangerment Laws

Enhanced penalties

Enhanced Penalties for High-BAC

0.15

DUI Look-back Periods

Five years

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative and criminal penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

No ALS/ALR law

Sobriety Checkpoints

Prohibited

Habitual Offender Designation

Habitual Offender Law Enacted

Drug Evaluation and Classification Program

51-100 DREs

DUI Courts - Standalone

No DUI Courts

DUI Courts - Hybrid

No Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Medical Cannabis & Decriminalized

DUID: Implied Consent Testing Methods

Blood and urine

DUID Affirmative Defense

No affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

Enacted Drunk Driving Legislation

Lower BAC legislation

No legislation introduced

Low BAC

No low BAC provisions

CARS Implementation

none

2017 New Impaired Driving and Underage Drinking Laws

Alcohol-impaired Driving Legislation

Ignition Interlocks

high/repeat

Electronic Warrants (E-warrants) Authorization

No Formal Authorization

Top Detected Drug Category by State (2019)

Cannabis

2019 Enacted Impaired Driving & Underage Drinking Legislation

No Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

Judicial license suspension/revocation

False Identification - Point-of-Sale Policies

Distinctive License & Seizure Law

No Refusal Programs

Lacks authorization

Oral Fluid Testing

Oral fluid testing authorized

Implied Consent Laws

Drugs

31-27-2.1 Learn More
Any person who operates a motor vehicle within this state shall be deemed to have given his or her consent to chemical tests of his or her breath, blood, and/or urine for the purpose of determining the chemical content of his or her body fluids or breath. 

Blood

Yes

Urine

Yes

Oral Fluids

No

Other

Yes
Breath

DUI Statutes

Drugs

31-27-2 Learn More
(a) Whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in subsection (d)(3), and shall be punished as provided in subsection (d) of this section.

Combined/Multiple Substance

31-27-2 Learn More
Driving under influence of liquor or drugs.
(a) Whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in subsection (d)(3), and shall be punished as provided in subsection (d) of this section.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

31-27-2.1(10) Learn More
If you refuse this testing, certain penalties can be imposed and include the following: for a first offense, your Rhode Island driver's license or privilege to operate a motor vehicle in this state can be suspended for six (6) months to one year or modified to permit operation in connection with an ignition interlock device for a period specified by law; a fine from two hundred dollars ($200) to five hundred dollars ($500) can be imposed; and you can be ordered to perform ten (10) to sixty (60) hours of community service and attend a special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment. If you have had one or more previous offenses within the past five (5) years, your refusal to submit to a chemical test of breath or urine at this time can have criminal penalties, including incarceration up to six (6) months for a second offense and up to one year for a third or subsequent offense, and can carry increased license suspension or ignition interlock period, fines, and community service. All violators shall pay a five hundred dollar ($500) highway safety assessment fee, a two hundred dollar ($200) department of health chemical testing programs assessment fee, and a license reinstatement fee. Refusal to submit to a chemical test of blood shall not subject you to criminal penalties for the refusal itself, but if you have one or more previous offenses other civil penalties may increase.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes

Criminal Trial

Yes

ALR Laws

Cannabis

Yes

Length/Time of Restriction

30 days to 3 years depending on sentencing and impairment charges.

Hardship License Available

Yes

Random Drug Testing or Ignition Interlock Requirements

Cannabis

31-27-2.8 Learn More
Any person subject to suspension pursuant to §§ 31-27-2.1(b)(1) and 31-27-2.1(b)(2) or convicted under the provisions of § 31-27-2(d)(1), § 31-27-2(d)(2), § 31-27-2(d)(3)(i), or § 31-27-2(d)(3)(ii), or whose violation is sustained under the provisions of §§ 31-27-2.1(b)(1) and 31-27-2.1(b)(2), may be prohibited by the sentencing judge or magistrate from operating a motor vehicle that is not equipped with an ignition interlock system, and/or blood and urine testing by a licensed physician with knowledge and clinical experience in the diagnosis and treatment of drug-related disorders, a licensed or certified psychologist, social worker, or EAP professional with like knowledge, or a substance abuse counselor certified by the National Association of Alcohol and Drug Abuse Counselors (all of whom shall be licensed in Rhode Island), pursuant to this section.

Other Drugs

31-27-2.8Learn More
Any person subject to suspension pursuant to §§ 31-27-2.1(b)(1) and 31-27-2.1(b)(2) or convicted under the provisions of § 31-27-2(d)(1), § 31-27-2(d)(2), § 31-27-2(d)(3)(i), or § 31-27-2(d)(3)(ii), or whose violation is sustained under the provisions of §§ 31-27-2.1(b)(1) and 31-27-2.1(b)(2), may be prohibited by the sentencing judge or magistrate from operating a motor vehicle that is not equipped with an ignition interlock system, and/or blood and urine testing by a licensed physician with knowledge and clinical experience in the diagnosis and treatment of drug-related disorders, a licensed or certified psychologist, social worker, or EAP professional with like knowledge, or a substance abuse counselor certified by the National Association of Alcohol and Drug Abuse Counselors (all of whom shall be licensed in Rhode Island), pursuant to this section.

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

Learn More
Yes, zero tolerance laws exist for those under the age of 21.

Cannabis Per Se Statute

Yes
Rhode Island has a zero tolerance per se drugged driving law enacted for cannabis and other controlled substances.

Threshold

No Data Available

Nanogram Limit

No Data Available

DUI Standards

No Data Available

Provisions for Screening Cannabis/Assessment/Education/Treatment

Yes
Clearly outlined in sentencing statute. 31-27-2

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

31-27-2 Learn More>First offense with controlled substance present in blood : Fine of not less than one hundred dollars nor more than three hundred dollars and required to perform ten to sixty hours of public community restitution. Imprisonment for up to one year and offender may be required to attend a special course on driving while intoxicated or under the influence of a controlled substance. Driver's license shall be suspended for thirty days up to one hundred eighty days.
First offense while under the influence of a controlled substance: Fine of five hundred dollars and offender required to perform twentyto sixty hours of public community restitution. Imprisonment up to one year and driving license shall be suspended for a period of three months to eighteen months. Court shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for the individual.
Subsequent offenses have higher penalties. First offenses shown as an example only.

Are the Impaired Driving Penalties the Same for Alcohol?

Not necessarily – Rhode Island statute specifies charges based on controlled substances being present in blood or under the influence of a controlled substance.

Are Combined Substances Mentioned in DUI Statute?

Yes
…Whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these…

Penalties for Multiple Substance/Multiple Substance Impaired Driving

First offense with controlled substance present in blood : Fine of not less than one hundred dollars nor more than three hundred dollars and required to perform ten to sixty hours of public community restitution. Imprisonment for up to one year and offender may be required to attend a special course on driving while intoxicated or under the influence of a controlled substance. Driver's license shall be suspended for thirty days up to one hundred eighty days.
First offense while under the influence of a controlled substance: Fine of five hundred dollars and offender required to perform twenty to sixty hours of public community restitution. Imprisonment up to one year and driving license shall be suspended for a period of three months to eighteen months. Court shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for the individual.
Subsequent offenses have higher penalties. First offenses shown as an example only.

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

31-27-2 Learn More
Any person over the age of eighteen (18) who is convicted for operating a motor vehicle while under the influence of drugs, while a child under the age of thirteen (13) years was present as a passenger in the motor vehicle, at the time the offense was committed, may be sentenced to a term of imprisonment of not more than one year.

Statutes with THC Listed as Delta 8, 9, 10, or 11

No Data Available

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

21- Caregiver
Rhode Island is a medical marijuana-only state. Although decriminalization is in place, possession still carries civil and criminal penalties.

Underage Cannabis Laws and Penalties

Underage Possession

Illegal

Underage Consumption

Illegal

Underage Purchase

Illegal

Underage Attempt to Purchase

Illegal

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

Yes. Parents are usually designated on behalf of children younger than 18 years old.You may also visit any of the three (3) Rhode Island Compassion Centers without having to register.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

Rhode Island social host statute appears to be exclusive to alcohol.

Drugs

No Data Available

Penalties for Retailers Who Knowingly Sell to People Under 21

To a minor at least three years younger is a felony with imprisonment of 2 - 5 years and a $100,000 fine.

Other

No Data Available