Rhode Island DUI Resulting in Serious Bodily Injury - Felony Penalties Under § 31-27-2.6

A Rhode Island DUI serious bodily injury charge under R.I. Gen. Laws § 31-27-2.6 is a felony. It applies when a driver who is under the influence of alcohol, toluene, or a controlled substance operates a motor vehicle and that operation causes serious bodily injury to someone other than the driver. A first conviction carries 1 to 10 years in prison, a fine of $1,000 to $5,000, and license revocation of up to 2 years.

The statute sits in the middle of the Rhode Island DUI ladder. Below it is ordinary DUI under § 31-27-2, a misdemeanor for a first or second offense. Above it is DUI resulting in death under § 31-27-2.2, which carries a minimum of 5 years in state prison. Section 31-27-2.6 covers the crash where someone other than the driver is seriously hurt but survives, and the injury definition and causation are where most of these cases are fought.

What the Statute Says

Subsection (a) of § 31-27-2.6 sets out the offense. It applies "When serious bodily injury of any person other than the operator is caused by the operation of any motor vehicle, the operator of which is under the influence of any intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21 or any combination of these." That driver "shall be guilty of driving under the influence of liquor or drugs, resulting in serious bodily injury."

Subsection (b) supplies the definition. As used in the section, "serious bodily injury" means "physical injury that creates a substantial risk of death or causes serious physical disfigurement or protracted loss or impairment of the function of any bodily member or organ."

Subsection (c) sets the first-offense penalty: imprisonment "for not less than one year and for not more than ten (10) years" and a fine "of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000)." The license "may be revoked for a period of up to two (2) years." Subsection (d) covers a second conviction under this section within 5 years: imprisonment "for not less than two (2) years nor more than fifteen (15) years," a fine of $3,000 to $10,000, and revocation "for a period of up to four (4) years."

Penalties

• First conviction: 1 to 10 years in prison, in any unit of the Adult Correctional Institutions at the discretion of the sentencing judge.
• First conviction fine: $1,000 to $5,000.
• First conviction license revocation: up to 2 years.
• Second or subsequent conviction under this section within 5 years: 2 to 15 years in prison.
• Second conviction fine: $3,000 to $10,000.
• Second conviction license revocation: up to 4 years.
• Either level: possible court-ordered alcohol or drug treatment at the defendant's own expense in a program established by the director of the Department of Corrections.
• Reinstatement: the license is not restored until the DMV administrator is satisfied that no grounds exist to refuse a license and the driver files proof of financial responsibility under chapter 32 of title 31.

Felony Classification and Superior Court

The text of § 31-27-2.6 does not use the word "felony," but a sentence of up to 10 years in state prison places the crime in the felony category under Rhode Island law. Section 31-27-2(h) assigns misdemeanor DUI to the District Court. A felony DUI charge is prosecuted in Superior Court, where the case proceeds by criminal information or grand jury indictment and the defendant is entitled to a jury of 12.

Elements the State Must Prove

1. Operation. The defendant operated a motor vehicle. Who was driving is a live question in multi-occupant crashes.
2. Impairment. The driver was "under the influence" of liquor, toluene, a controlled substance, or a combination, proven under § 31-27-2(b)(1) by a chemical test of .08% or more or by other evidence of impairment.
3. Causation. The injury was "caused by the operation" of the vehicle, not merely by a crash that happened while the driver was impaired.
4. Injury to another. The injured person must be "any person other than the operator."
5. Injury threshold. The injury must meet the subsection (b) definition: a substantial risk of death, serious physical disfigurement, or protracted loss or impairment of a bodily member or organ.

How It Relates to § 31-27-2 and § 31-27-2.2

Section 31-27-2 is the base DUI statute. It supplies the .08% per se standard and the subsection (c) conditions on chemical test admissibility, all of which apply in a § 31-27-2.6 prosecution because the impairment element is the same.

Section 31-27-2.2 is the next rung up. When death "ensues as a proximate result" of the impaired operation, the charge becomes DUI resulting in death, with a first-offense range of 5 to 15 years in prison, a fine of $5,000 to $10,000, and a 5 year license revocation. That statute is explained at Rhode Island DUI death and manslaughter charges.

Section 31-27-2.6 Is Not the Child Passenger Statute

Online summaries sometimes label § 31-27-2.6 as the child passenger enhancement. It is not. The child passenger provision is § 31-27-2(d)(5)(ii), which applies to a driver over 18 who commits DUI while a child under 13 is a passenger. It is a misdemeanor on a first offense, with up to 1 year in jail and a fine of up to $1,000, and it becomes a felony only on a second or subsequent offense. Injury is not an element. The details are at DUI with a child passenger in Rhode Island.

Chemical Test Refusal in a Serious Injury Case

Refusing a breath test after a DUI arrest is handled under § 31-27-2.1 as a separate matter, and its consequences are explained at Rhode Island chemical test refusal. In a serious injury case, two more points matter. First, § 31-27-2(c)(1) provides that "Evidence that the defendant had refused to submit to the test shall not be admissible unless the defendant elects to testify." A refusal alone does not supply the impairment element.

Second, a refusal rarely ends the inquiry when someone has been seriously hurt. Police in an injury crash commonly seek a search warrant for a blood sample, and hospitals draw blood for treatment. Either result can prove impairment if the state satisfies the § 31-27-2(c) conditions, including approved methods, an authorized analyst, and mailing of a true copy of a blood result within 30 days.

Defense Angles

• Causation. If the other driver ran a light, a pedestrian stepped into traffic, or a mechanical failure produced the crash, the link between impaired operation and the injury is contestable.
• The injury threshold. A fracture that heals without lasting impairment, stitches that leave no serious disfigurement, or a concussion with full recovery may fall short of the subsection (b) definition. Medical records control this question.
• The stop and the arrest. Even in a crash case, the officer needs a lawful basis to detain, test, and arrest, and suppression can remove the impairment proof.
• The breath test. Section 31-27-2(c)(5) requires that the instrument was tested for accuracy within 30 days before the test and that the operator was certified within 365 days. See breathalyzer calibration and certification requirements.
• Hospital blood draws. Blood taken for treatment and later obtained by police raises chain of custody, consent, and warrant questions, and hospital serum results require conversion to whole blood values.

Commentary from Chad

When I get a call about a serious injury DUI, the first thing I want is the medical file, not the police report. The police report will say "serious injury" because that is the charge. The medical records tell me whether the injury actually meets the statutory definition of a substantial risk of death, serious disfigurement, or protracted loss of function. That is a fight worth having before anyone talks about a plea.

The second thing I look at is causation. Impaired driving and a crash in the same moment does not mean one caused the other. If the reconstruction shows my client had the right of way and no time to react, the felony count is in real trouble even if the breath number is over .08.

Third, I look at how the impairment evidence was gathered. Injury crashes are chaotic, and paperwork suffers. The 30 day calibration window, the operator certification, and the process around a hospital blood draw are all places where the state can fail the conditions in § 31-27-2(c). I cannot promise how any case ends, but each of those items gets checked. This is a Superior Court felony with a 1 year floor the judge cannot suspend, so the investigation done before the case is formally charged is the most valuable time in the case.

Frequently Asked Questions

Is a Rhode Island DUI resulting in serious bodily injury a felony?

Yes. Section 31-27-2.6 authorizes 1 to 10 years in prison on a first conviction, which places the offense in the felony category. It is prosecuted in Superior Court rather than District Court.

What counts as serious bodily injury under § 31-27-2.6?

Subsection (b) defines it as physical injury that creates a substantial risk of death or causes serious physical disfigurement or protracted loss or impairment of the function of any bodily member or organ. Injuries that heal fully without lasting impairment may not meet that standard.

What is the minimum prison sentence for a first offense?

One year. Subsection (c) sets the range at not less than 1 year and not more than 10 years, and § 31-27-2(i) provides that jail terms under the DUI statutes cannot be suspended.

How long is the license revocation?

Up to 2 years for a first conviction and up to 4 years for a second conviction within 5 years. Reinstatement also requires a DMV showing and proof of financial responsibility.

Does refusing the breath test help in a serious injury case?

Not in the way many drivers expect. The refusal itself is not admissible in the criminal case unless the defendant testifies, but police in an injury crash commonly obtain a warrant for a blood draw, and hospital results may be obtained through legal process.

Is § 31-27-2.6 the same as the child passenger DUI statute?

No. The child passenger provision is § 31-27-2(d)(5)(ii) and applies when a child under 13 is in the vehicle regardless of injury. Section 31-27-2.6 is about serious bodily injury to any person other than the driver.

Defense and Next Steps

The Law Office of Chad F. Bank handles serious injury DUI cases throughout Rhode Island and can be reached at 401-573-2265, 24/7.

For the broader statutory framework, see Rhode Island DUI laws.

Author: Chad F. Bank, Rhode Island criminal defense lawyer. Practice address: 127 Dorrance Street, Providence, RI 02903. Direct line: 401-573-BANK (2265).

This page is for general informational purposes and does not constitute legal advice for any specific case.