Can I Be Charged With an Underage DUI In Rhode Island?
Although the legal drinking age in Rhode Island is twenty-one years old, it is of no surprise that those who are younger also partake in the consumption of alcohol. With the legal driving age in Rhode Island being sixteen years old, the unfortunate mixture of alcohol and driving by a minor happens far too often. But what happens when an underage motorist is pulled over with alcohol in their possession or the motorist is under the influence of alcohol? An experienced Rhode Island DUI lawyer can help those who have been charged with a DUI.
What Is The Law In Rhode Island Concerning Underage DUI?
Pursuant to Rhode Island General Laws 31-27-2.7, driving while impaired applies to drivers over the age of eighteen (18) and under the age of twenty-one (21). For those drivers, the legal BAC limit is .02 rather than the limit of .08 for drivers who are legally allowed to drink. For drivers under the age of eighteen (18) charged with drunk driving, their case will be before the Family Court. Driving while impaired, meaning the motorist is between .02 and .08 - Blood Alcohol Content, and also between 18 years of age and 21 years of age, is not a criminal offense; rather it is a civil violation, which can be expunged from the young person’s criminal record. From experience, most motorists who submit to chemical testing are above .08, which despite the age of the motorist, is now a criminal offense. Even if a young driver blows above the .08 threshold, it is still worth attempting to negotiate the charge down to a non-criminal driving while impaired charge. To a young motorist, not having a criminal record when applying for jobs and schooling is of vital importance. Also, the license suspension can be as low as (30) days when the charge falls within the “driving while impaired” statute for younger motorists between .02 and .08.
For motorists under 18 years of age, the potential penalties are as follows (In Family Court):
First Offense
- Ten (10) to sixty (60) hours community service
- Six (6) to eighteen (18) months loss of license
- Participation in DUI School or alcohol counseling
- Assessments.
Second Offense
- Up to one (1) year imprisonment at the Training School
- Up to $500.00 fine
- Mandatory Suspension of license until age twenty (21).
What If I Am Only In Possession of Alcohol As A Minor In Rhode Island?
Pursuant to Rhode Island General Laws 3-8-9(a).), it is illegal for minors to knowingly and intentionally transport alcohol (opened or unopened) in any part of a vehicle. If a minor is found to be transporting alcohol, there could be serious repercussions to their futures as an adult. Rhode Island has a three-tier system of punishment for violation to this law, they consist of:
First Offense
- Fines up to $750
- 30 hours of community service
- 60 days of license suspension
Second Offense
- Fines up to $750
- 30 hours of community service
- 60 days of license suspension
- Alcohol abuse counseling
Third Offense
- Fines up to $950
- 30 hours of community service
- 60 days of license suspension
- Alcohol abuse counseling
Contact A Rhode Island DUI Lawyer Today
Have you or someone you know been pulled by the police on suspicion of a DUI? It is important you contact the office of Kevin O. Hagan, then, at 105 Memorial Blvd. West, Newport, RI 02840. Kevin O. Hagan is a former RI state prosecutor who will use all of his vast knowledge and experience pertaining to drunk driving cases to win and successfully negotiate for you. Kevin has made meaningful connections in the Rhode Island legal community and has over 15 years of experience. From the moment Kevin takes your case, it becomes his priority. Please contact Attorney Kevin O. Hagan at 401-619-0477 or 401-487-8691 to speak about your case today, or fill out a contact form online.
Disclaimer: Every case is different. This blog should not be referenced as legal advice, but rather as general information. If you or a loved one faces a DUI in Rhode Island contact Kevin Hagan directly for a free consultation.