RI DUI Child Passenger

Yes. A conviction is a significant event in any contested or active custody matter. Opposing parties often use it to seek modification of custody or visitation. Coordinate with a family law attorney.

Not always, but frequently. Prosecutors charge both the § 31-27-2(d)(5) enhancement and the § 11-9-5 felony when the facts support it, providing flexibility at plea negotiation.

Under § 31-27-2(d)(5)(ii), a passenger under age 13 triggers the enhancement, and the driver must be over 18. The separate cruelty-or-neglect statute, § 11-9-5, applies to any child under 18.

A first offense is a misdemeanor. A second or subsequent child-passenger DUI is a felony under § 31-27-2(d)(5)(ii). A prior DUI or refusal counts as a prior under (d)(5)(i), so anyone with an earlier DUI on record should treat a new child-passenger charge as felony exposure and have a lawyer check how the prior is counted.

Very often, yes. A DUI arrest with a minor present commonly results in a DCYF report and a welfare investigation that may include interviews and a home visit.

Under R.I. Gen. Laws § 31-27-2(d)(5)(ii), a first offense is a misdemeanor with up to 1 year in jail and a fine up to $1,000, plus immediate license suspension pending prosecution and a suspension of up to 2 years at sentencing. A second or subsequent offense is a felony with up to 5 years in prison and a fine up to $5,000. A separate felony charge under § 11-9-5 may also apply.