---
title: "Can I be charged with DUI in Rhode Island if my BAC was below 0.08?"
description: "Yes. Rhode Island's DUI statute § 31-27-2 allows conviction under the impairment theory regardless of BAC. The state must prove actual driving impairment by alcohol, drugs, or a combination."
url: https://riduilaws.com/faq-items/can-i-be-charged-with-dui-in-rhode-island-if-my-bac-was-below-0-08/
date: 2026-10-29
modified: 2026-10-29
author: "RI DUI Laws"
type: faq
lang: en
---

# Can I be charged with DUI in Rhode Island if my BAC was below 0.08?

Yes. Rhode Island's DUI statute § 31-27-2 allows conviction under the impairment theory regardless of BAC. The state must prove actual driving impairment by alcohol, drugs, or a combination.

Can I be charged with DUI in Rhode Island if my BAC was below 0.08?[RI DUI Laws](https://riduilaws.com/author/admin_xxgjem88/)2026-10-29T22:37:59+00:00