---
title: "Is a DUI with a child passenger a felony in Rhode Island?"
description: "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..."
url: https://riduilaws.com/faq-items/is-a-dui-with-a-child-passenger-a-felony-in-rhode-island/
date: 2026-10-29
modified: 2026-10-29
author: "RI DUI Laws"
type: faq
lang: en
---

# Is a DUI with a child passenger a felony in Rhode Island?

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.

Is a DUI with a child passenger a felony in Rhode Island?[RI DUI Laws](https://riduilaws.com/author/admin_xxgjem88/)2026-10-29T22:41:47+00:00