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The per se threshold is 0.08 BAC for adult drivers, 0.04 for commercial drivers, and 0.02 for drivers under 21. The threshold is set by RIGL section 31-27-2. Driving over the threshold is a per se DUI - the state does not have to prove actual impairment beyond the BAC reading.

Published May 23, 2026 | Rhode Island DWI Attorney