Rhode Island Under 21 DUI - The .02 Tiers Under § 31-27-2.5 and § 31-27-2.7

A Rhode Island under 21 DUI is not one charge but three, sorted by the age of the driver and the number on the breath test. A driver under 18 who tests at .02 or more but less than .10 is charged under § 31-27-2.5 in Family Court, where a first violation brings a 6-month license suspension and a $150 highway safety assessment. A driver who is 18, 19, or 20 and tests at .02 or more but less than .08 is charged under § 31-27-2.7 in District Court, where a first violation brings a fine of up to $250, 30 hours of community restitution, and a 1 to 3 month suspension. Neither statute creates a criminal record.

The third tier is the adult statute. Any driver who tests at .08 or more is charged under § 31-27-2, a misdemeanor. A driver under 18 convicted under it gets the juvenile sentence in subsection (d)(7); a driver 18 to 20 is sentenced like any adult.

What the Statute Says

Section 31-27-2.5(d) applies when a person under 18 tests "at least two-hundredths of one percent (.02%) but less than one-tenth of one percent (.1%) by weight." That person "shall be determined to have been driving while impaired." Subsection (b) gives jurisdiction "to the family court," and subsection (g) says a violation "shall not be considered a criminal offense."

Section 31-27-2.7(a) covers "A person under the age of twenty-one (21) but at least eighteen (18) years of age" who tests "at least two-hundredths of one percent (.02%) but less than eight one hundredths of one percent (.08%) by weight." Subsection (b) requires "a hearing in district court" at which the judge must find the test "meets all of the conditions, as set forth in § 31-27-2." Subsection (d) says a violation "shall not be considered a criminal offense."

Section 31-27-2(b)(1) sets the adult line at "eight one-hundredths of one percent (.08%) or more by weight," and subsection (h) sends misdemeanor cases "to the district court for persons eighteen (18) years of age or older and to the family court for persons under the age of eighteen (18) years."

Penalties

Under 18, .02 to under .10, § 31-27-2.5(d), Family Court:

• A $150 highway safety assessment, "or community restitution in lieu of highway safety assessment."
• First violation: 6-month suspension, which "may be suspended for a period of up to twelve (12) months," plus a mandatory driving while intoxicated course and treatment if ordered.
• Second violation: suspension "until he or she is twenty-one (21) years of age," with mandatory treatment.
• Third or subsequent violation: an additional 2-year suspension and mandatory treatment.
• Subsection (d)(5): no sanction "can be suspended, shortened, altered, or changed."

Ages 18 to 20, .02 to under .08, § 31-27-2.7(b), District Court:

• First violation: a fine of not more than $250, 30 hours of community restitution, a suspension of "not less than one nor more than three (3) months," the course, and treatment if ordered.
• Second and subsequent violation: a fine of not more than $250, a $300 highway safety assessment, up to 60 hours of community restitution, a 3 to 6 month suspension, and mandatory course and treatment.
• Subsection (c): no sanction "can be suspended, shortened, altered, or changed."

Under 18, .08 or more, § 31-27-2(d)(7), Family Court:

• First violation: 10 to 60 hours of community restitution, a 6-month suspension that "may be suspended for a period up to eighteen (18) months," the course and treatment, and a highway assessment of up to $500.
• Second or subsequent violation: suspension "until such time as he or she is twenty-one (21) years of age," plus, at the judge's discretion, the training school for up to 1 year and/or a fine of up to $500.

Ages 18 to 20, .08 or more: the adult penalties in § 31-27-2(d)(1), starting at a $100 to $300 fine, up to 1 year in jail, and a 30 to 180 day suspension, as set out on the Rhode Island first offense DUI page.

What the State Must Prove

The zero-tolerance statutes are built around the test result. For § 31-27-2.7, the state must show the driver was 18 to 20, took a test at the request of an officer "who believes the person to be driving under the influence of alcohol," and tested .02 or more but under .08, and the judge must find the test meets § 31-27-2(c). For § 31-27-2.5, the state must show the driver was under 18 and tested .02 or more but under .10. Note the ceiling: a 17-year-old who blows .09 sits in the range of both § 31-27-2.5(d) and § 31-27-2(b)(1), one non-criminal and one a misdemeanor. Neither section requires proof of actual impairment; "impaired" is a label attached to the number.

How the Tiers Interact With the Main DUI Statute

Section 31-27-2 applies to everyone; the zero-tolerance sections add a lower band beneath it. A driver of 19 who tests .07 is charged under § 31-27-2.7. The same driver testing .08 is charged under § 31-27-2(b)(1) as a standard adult DUI, with the misdemeanor record and jail exposure that come with it. The Rhode Island DUI BAC limits page lays out the full ladder.

Family Court Versus District Court

The split is by age at the time of the offense. Every route for a driver under 18 lands in Family Court: the § 31-27-2.5 violation, the § 31-27-2 misdemeanor under subsection (h), and a refusal under § 31-27-2.5(c). Subsections (e) and (f) require written notice to the custodial parent from the court and, within 10 days of the charge, from the police. A driver who is 18 to 20 is in District Court for both statutes, with no parental notice and no juvenile confidentiality.

License Consequences

Under 18, the first § 31-27-2.5 violation is 6 months and up to 12, the second runs until 21, and the third adds 2 years. At 18 to 20, the first § 31-27-2.7 violation is 1 to 3 months and the second is 3 to 6. Under each provision, skipping the course or treatment extends the suspension, and the judge cannot shorten the period. Reinstatement is covered on the Rhode Island DUI license suspension page.

Chemical Test Refusal for Drivers Under 18

Section 31-27-2.5(a) says a person under 18 who refuses "shall have imposed all the penalties provided by § 31-27-2.1, but shall have his or her license suspended on a first violation for six (6) months." A Family Court judge holds the suspension hearing under subsection (c) on the officer's report of probable cause, the § 31-27-3 rights advisement, and the under-18 implied consent notice in subsection (h). The borrowed § 31-27-2.1(c)(1) penalties for a first refusal are a fine of $200 to $500 and 10 to 60 hours of community restitution, plus the $500 highway safety assessment and $200 department of health assessment. A driver 18 to 20 who refuses is treated as an adult under § 31-27-2.1, with a first-offense suspension of 6 months to 1 year, as explained on the Rhode Island chemical test refusal page.

Defense Angles

• Admissibility of the test. Section 31-27-2.7(b) makes the hearing turn on the § 31-27-2(c) conditions: consent, delivery of the breath result within 72 hours, an accuracy check within the preceding 30 days, an operator certified within 365 days, and the offer of an additional test. A failed condition takes the number out of the case.
• Margin at .02. Calibration records, the observation period, and mouth alcohol are the standard challenges to a reading near the floor.
• The correct statute. For a driver under 18 between .08 and .10, the choice between § 31-27-2.5 and § 31-27-2 is a legal question.
• Rights advisements. A minor refusal requires the § 31-27-3 rights and the specific under-18 notice in § 31-27-2.5(h). Reading the adult notice to a 17-year-old is a defect.
• The basis for the stop, and operation itself in parked-car and post-accident cases.

Commentary from Chad

The first thing I explain to a family is which statute they are facing, because parents hear "DUI" and picture a criminal record. A .05 at 17 is a Family Court matter under § 31-27-2.5, and a .05 at 19 is a District Court matter under § 31-27-2.7. Neither is a crime by the plain words of the statute. A 6-month suspension for a high school senior, or the until-21 suspension on a second violation, is still a real penalty, and the judge cannot shorten it.

The number does most of the work, so the test is where I spend my time. If the machine was not checked within 30 days or the additional test was never offered, the state has a problem. I ask for every record before I talk about resolution.

The situation I flag most often is the 18-year-old who blows .08. That person is not in the youth tier at all and is charged as an adult under § 31-27-2. The .02 tiers are a lower band, not a shield.

Frequently Asked Questions

Is a Rhode Island under 21 DUI a criminal offense?

Not in the .02 tiers. Section 31-27-2.5(g) and § 31-27-2.7(d) both say a violation "shall not be considered a criminal offense." At .08 or more, any driver is charged under § 31-27-2, a misdemeanor.

What is the BAC limit for drivers under 21 in Rhode Island?

The limit is .02. Under 18, .02 to under .10 is a violation of § 31-27-2.5; at 18 to 20, .02 to under .08 is a violation of § 31-27-2.7. At .08 or more, the adult statute applies regardless of age.

How long is the license suspension for a first violation?

Under 18, § 31-27-2.5(d)(2) sets 6 months, with the possibility of up to 12 months. At 18 to 20, § 31-27-2.7(b)(2) sets 1 to 3 months. Both require the driving while intoxicated course.

What happens on a second under 21 violation?

Under 18, a second § 31-27-2.5 violation suspends the license until age 21 under (d)(3). At 18 to 20, a second § 31-27-2.7 violation brings a fine of up to $250, a $300 assessment, up to 60 hours of community restitution, and a 3 to 6 month suspension.

Can a minor refuse the breath test in Rhode Island?

A driver under 18 who refuses faces the § 31-27-2.1 penalties with a 6-month suspension on a first violation under § 31-27-2.5(a), decided in Family Court. The first-offense fine is $200 to $500 with 10 to 60 hours of community restitution, plus $700 in assessments, and it is not a criminal offense.

Defense and Next Steps

The Law Office of Chad F. Bank handles these cases in both courts 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.