Getting stopped or arrested for OUI or DUI is never fun. What may have started as a couple of drinks with friends can become a misdemeanor charge for you if you are apprehended for either of these two. When this happens, it’s important to let your lawyer know whether or not you’ve had prior arrests or convictions for the same thing, even if it’s outside of Rhode Island.

DUI and OUI are two similar offenses. DUI is short for Driving Under the Influence and is when you are found behind the wheel of a vehicle that is in motion. OUI (Operating Under the Influence) is an offense where you can be apprehended even if the vehicle isn’t in motion. As long as you are behind the wheel, the keys are in the ignition, and you are intoxicated, you can get arrested. This means that if you are asleep along the side of the road or in a parking lot and are behind your steering wheel if you are intoxicated and the key is in the ignition, you can get arrested for OUI.

The penalties that come with OUI in Rhode Island are the same with DUI. You can get fined, jailed, asked to do community service, and even be asked to attend alcohol and drug-related programs. The laws regarding OUI and DUI in Rhode Island are typically the same as those in Massachusetts. If you’ve been arrested for DUI or OUI more than once, the penalties become stiffer, and the third offense becomes a felony instead of a misdemeanor.

You should be aware that whether you are charged with a misdemeanor or a felony, both are considered criminal offenses. This means that if you are found guilty of either DUI or OUI, you have been found guilty of a criminal offense. The only difference between the two is the amount of time you need to serve behind bars and the amount in fines you have to pay.

Things to Remember When Arrested for OUI or DUI in Rhode Island

Whether you are arrested for OUI or DUI, you should know that these two come with relatively the same penalties in Rhode Island. These penalties are dependent on your BAC (blood alcohol content) on the day you are apprehended and how many times you’ve been arrested for the same offense. If your blood alcohol content is higher than .08, you are considered intoxicated. The higher your BAC, the higher the penalties, and longer possible jail time.

You should also be aware that even if your BAC is below .08, if you exhibit signs of intoxication, you can still be arrested and tested by law enforcement. Some things you need to remember:

You can refuse field sobriety tests, but it’s advisable that you don’t.
You cannot refuse chemical testing. This can include breathalyzer testing, urine testing, and blood testing. If you refuse to do any of these, you will be fined, and your license will be suspended. You may also be jailed and asked to do community service.
Refusal to submit to chemical testing can also result in the installation of an IID – An ignition interlock device (IID) may also be installed in your car if you refuse any of these tests.
Prior OUI/DUI offenses and convictions out of state can be counted towards your number of offenses – If you’ve been arrested and/or convicted of OUI or DUI outside of Rhode Island in the past five years, these can count towards the number of offenses you’ve had. This means that if you’ve been stopped for DUI in Rhode Island and have a record of a similar offense in another state within the past five years, your Rhode Island arrest will be your second offense and not your first one.