Rhode Island On June 24, 2016, Rhode Island’s all -offender interlock law went into effect requiring judges to order interlocks for first-time offenders who apply for a hardship license following a DUI conviction. Judges must order an interlock for all repeat and first- time offenders with a BAC of .15 or greater after the hardship license concludes. From 2006 to 2020 in Rhode Island, interlocks stopped 7,848 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 1,839 attempts to drive drunk in 2020.
Grade: D (64.5/100) Rhode Island’s all-offender law contains loopholes which minimizes the reach of interlocks for all drunk drivers. The state should close loopholes to ensure more drunk drivers utilize an interlock.
Why does MADD call the law all-offender? Judges must order interlocks for first-time offenders with a BAC of .08 or greater who apply for a hardship license following a DUI conviction. Process to obtain an ignition interlock 1. Serve any jail or suspension time. Complete DUI educational program and any community service. 2. Schedule an appointment to have an interlock device installed. 3. Fill out an SR-22 form and send to the DMV. 4. Pay all applicable fees to the DMV. 5. Complete court regulations as well. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation First offense Upon conviction 30 days to one year Require interlocks for at least six months for first-time offenders. Eliminate interlock waiting period. Second offense 45 days after conviction 6 months to 2 years First refusal Upon conviction Can a drunk driver wait out an interlock order? Yes Legislative Recommendation Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license. Compliance based removal? Yes Interlock companies submit quarterly reports concerning proof of installation and proper use of interlocks to the DMV. Prior to the reinstatement of an unrestricted license, the division of motor vehicles shall review the person’s driving record and compliance with the ignitio n interlock order to ensure that the person has fulfilled the specific requirements as set forth by the sentencing judge or magistrate. Upon verification conditions have been satisfied, a license shall be reinstated. Legislative Recommendation Add a compliance based removal component to the law (a user must prove a certain period of sober driving before exiting the interlock program). Day-for-Day credit for early installation? No Legislative Recommendation Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction. Interlocks required for plea agreements or diversion? No
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
Affordability program?
No
Legislative Recommendation
Create an affordability program so low-income interlock users have access to these devices. This program should be paid for by interlock vendors or non-indigent interlock users.
Sources: §§31-27-2(d)(2) and (3), §31-27-2.8, § 31-27-2, Rhode Island DMV.
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