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Aggravating Factors in DUI Charges in Rhode Island

On Behalf of | Feb 25, 2025 | Criminal Defense

Driving under the influence (DUI), sometimes called Driving While Intoxicated (DWI), is a serious offense in every jurisdiction. In Rhode Island, certain aggravating factors can elevate the severity of the charges and of the potential consequences upon conviction – including increased fines, increased jail time, higher likelihood of license suspension, and more.

Key Aggravating Factors

Rhode Island law outlines circumstances that can lead to more severe penalties. For example, by law, the penalties for a DUI increase significantly if the DUI results in a death or serious injury.

One major aggravating factor is having a high blood alcohol concentration (BAC). While the legal limit is 0.08%, a BAC of 0.15% or higher can lead to enhanced penalties, including longer license suspensions, increased fines, and mandatory alcohol education programs. Professionals who frequently entertain clients or attend events where alcohol is present should be particularly cautious of their consumption levels.

Another significant aggravating factor is the presence of minors in the vehicle at the time of the offense. Under Rhode Island law, transporting a passenger under the age of 13 while driving under the influence can result in harsher penalties. This is particularly relevant for those who may have family responsibilities and need to balance their social lives with their parental duties.

Finally, each subsequent DUI conviction results in increased penalties. For example, your third DUI arrest will result in felony DUI charges rather than misdemeanor charges.

Legal Implications for Professionals

Professionals and those whose livelihood depends upon their ability to maintain their professional licenses face unique challenges when charged with a DUI, particularly when aggravating factors are involved. A conviction can result not only in legal penalties but also in professional repercussions, such as disciplinary actions from licensing boards, damage to reputation, and potential loss of employment.

Some reputational damage may occur with criminal charges, even if the charges are eventually dropped or defeated. However, it’s important to remember that someone accused of driving under the influence is innocent until proven guilty. Charges don’t necessarily have to end in a conviction, with all the potential vocational consequences that come with it, and the accused will have the opportunity to prepare a solid defense and fight the charges in court.