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.