If you've been arrested for a second or third DUI, your freedom is at serious risk. It's crucial that you hire an experienced Rhode Island DUI lawyer immediately.
Under Rhode Island law, a second DUI conviction is classified as a misdemeanor, resulting in mandatory jail time, fines, and a license suspension. For a second DUI offense, if your blood alcohol content (BAC) is over .15 after a blood or breathalyzer test, you face a mandatory 6 months in jail at the ACI. If your BAC is over .08, or you refused the breathalyzer test, a mandatory 10-day jail sentence at the ACI applies.
A third DUI offense in Rhode Island is considered a felony, and those convicted face severe penalties, including long prison sentences. A third offense DUI carries a mandatory minimum of one year in jail, with a maximum of five years. If your BAC exceeds .15, the minimum jail sentence is 3 years.
If you're facing a second or third DUI, your freedom is in jeopardy. You need a top DUI lawyer like Michael Zarrella to protect you from jail time. A skilled DUI attorney can fight for you, understand the nuances of Rhode Island DUI laws, and successfully challenge the State's case. With a second or third DUI, there is little room for error, and your chances of avoiding jail are significantly improved with an experienced lawyer by your side. Whether it's through a dismissal, reduced charges, or an agreement for home confinement, having the right defense is essential.
A case dismissal may still be possible if you refused the breath test or failed it. Even if you fail a breath or blood test, there are ways to have the test results suppressed. For more detailed insights into the defenses used by Michael Zarrella, check out the "Beating the Breath Test" page.
A skilled DUI lawyer knows various defenses for drunk driving cases, whether you took a blood test, breath test, or refused one. You need a lawyer who will fight for your rights. An experienced DUI attorney, like Michael Zarrella, understands how to challenge the evidence and police reports, review station and scene videos, and conduct thorough investigations to build successful defense strategies.
For over 27 years, DUI lawyer Michael Zarrella has been helping individuals with their DUI cases. His track record of success has led to many clients having their DUI charges dismissed or reduced. Numerous clients facing mandatory jail sentences have avoided jail because of the defenses raised by Attorney Zarrella in court. While not every DUI case can be dismissed or reduced, hiring Attorney Zarrella gives you the best chance of achieving a favorable outcome.
Second DUI within 10 Years – Penalties
For a DUI to be considered a second offense in Rhode Island, it must occur within five years of a prior conviction. However, recent case law suggests that the second conviction must occur within five years of the driver's conviction, not the offense date. This could result in charges being reduced to a first offense.
DUI-Second Offense (BAC Readings 0.08 to 0.15 or BAC Unknown):
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Mandatory 10 days in jail, up to 1 year
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License suspension for 1 to 2 years
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$500 highway assessment fee
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$400 fine
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Mandatory alcohol treatment program
DUI-Second Offense (BAC Reading over 0.15):
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Mandatory 6 months in jail, up to 1 year
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License suspension for 2 years
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$500 highway assessment fee
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$1,000 fine
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Mandatory alcohol treatment program
Third DUI within 10 Years – Penalties
For a DUI to be classified as a third offense, the two prior offenses must occur within five years of a prior conviction. However, recent case law may indicate that the third conviction must fall within five years of the driver's convictions, not the offense date. This could lead to charges being reduced to a first or second offense.
DUI-Third Offense (BAC Readings 0.08 to 0.15 or BAC Unknown):
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Mandatory 1 year in jail, up to 3 years
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License suspension for 2 to 3 years
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$500 highway assessment fee
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$400 fine
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Mandatory alcohol treatment program
DUI-Third Offense (BAC Reading over 0.15):
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Mandatory 3 years in jail, up to 5 years
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License suspension for 3 to 5 years
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$500 highway assessment fee
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$1,000–$5,000 fine
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Mandatory alcohol treatment program
Home Confinement and Interlock
Even though second and third DUI offenses in Rhode Island require mandatory jail time, a skilled DUI attorney may be able to have your sentence served via home confinement. Additionally, your attorney may help you obtain an interlock restricted license. This allows you to drive with an interlock device installed, instead of having your license fully suspended. The interlock system, when properly maintained, permits people to drive while still complying with the law. Many individuals have saved their jobs and managed daily responsibilities with this option. Without the interlock, if you drive while your license is suspended, you will face mandatory jail time.