Under 21 DUI in Rhode Island: The .02 Tiers, Family Court vs District Court

An under 21 DUI in Rhode Island is not one charge. It is a set of tiers, and the tier depends on your age on the night of the stop and the number the breath machine printed. Rhode Island sets the per se blood alcohol limit at .08 for adults, .04 for commercial drivers, and .02 for anyone under 21, and it handles a .02 reading through two separate "driving while impaired" statutes, neither of which is a criminal offense. Blow high enough, though, and the case becomes the same misdemeanor DUI an adult would face.

A driver under 18 who tests between .02 and under .10 goes to Family Court under § 31-27-2.5. A driver who is 18, 19, or 20 and tests between .02 and under .08 gets a civil hearing in District Court under § 31-27-2.7. At .10 or higher for the under 18 group, or .08 or higher for the 18 to 20 group, the charge becomes a violation of § 31-27-2, the general DUI statute, with the criminal exposure that comes with it. The first thing I do on every call to my office is pin down which track my client is in.

The Two Youth Statutes: 31-27-2.5 and 31-27-2.7

Drivers Under 18 in Family Court

Section 31-27-2.5 covers the driver under 18 with a reading of .02 up to but not including .10. Jurisdiction is in Family Court, and the statute says a violation is not a criminal offense.

The Family Court judge orders a $150 highway safety assessment, or community restitution in its place. On a first violation the license is suspended for 6 months, extendable to 12, along with a special course on driving while intoxicated and treatment if ordered. On a second violation, the suspension runs until the driver turns 21, and treatment is mandatory. A third adds another 2 years. None of it can be shortened.

The charging police department must also notify the custodial parent in writing within 10 days. A 17 year old does not handle this quietly.

Drivers 18 to 20 in District Court

Section 31-27-2.7 applies to a driver at least 18 but under 21 whose test comes back at .02 or higher but under .08. Jurisdiction is in District Court, and again a violation is not a criminal offense.

If the judge finds the test admissible under § 31-27-2, the first-violation order is a fine of not more than $250, 30 hours of community restitution, a license suspension of 1 to 3 months, the driving-while-intoxicated course, and treatment if ordered. On a second violation, the court adds a $300 highway safety assessment, up to 60 hours of community restitution, a 3 to 6 month suspension, and mandatory course and treatment. None of it can be shortened.

When the Reading Turns It Into a Regular DUI Charge

The youth statutes have ceilings: .10 for the driver under 18 and .08 for the driver 18 to 20. A reading at or above the ceiling moves the case into § 31-27-2.

For an 18, 19, or 20 year old, that means the standard first offense DUI tiers. A reading of .08 to under .10 carries a fine of $100 to $300, 10 to 60 hours of community restitution and/or up to 1 year in jail, and a 30 to 180 day suspension. From .10 to under .15 the suspension is 3 to 12 months; at .15 or higher it is 3 to 18 months with a mandatory ignition interlock. Every § 31-27-2 conviction adds a $500 highway safety assessment and an $86 fee, and it is a criminal misdemeanor. Prior offenses count across a 10 year window, extended from 5 years effective July 1, 2025.

A driver under 18 who reads .10 or higher is also charged under § 31-27-2, but subsection (h) keeps the case in Family Court. Subsection (d)(7) sets the juvenile penalties: on a first violation, 10 to 60 hours of community restitution, a 6 month suspension that may run up to 18 months, the course, treatment, and a highway assessment of up to $500. On a second violation, the statute requires suspension until 21 and allows up to 1 year at the Rhode Island Training School and a fine of up to $500.

Family Court vs District Court: What Actually Changes

An 18 to 20 year old goes to the District Court division for the county of the stop. A Brown student stopped on the East Side is in the Sixth Division at the Garrahy Judicial Complex, One Dorrance Plaza, a short walk from my office. A URI student stopped on Route 138 is in the Fourth Division District Court at 4800 Tower Hill Road in Wakefield.

A driver under 18 goes to Family Court regardless of county: different judges, parents in the room, and a juvenile record. A finding under either youth statute is civil, not a conviction, which matters for job applications, licensing, and graduate school forms. For an 18 year old, the difference between .079 and .080 is the difference between a civil finding and a criminal record.

License Consequences for Drivers Under 21

Every tier carries a license suspension the judge cannot suspend, shorten, or alter. For a first violation it is 6 months (up to 12) for a driver under 18 and 1 to 3 months for a driver 18 to 20. Two places in the statutes suspend a license until age 21: a second violation of § 31-27-2.5, and a second § 31-27-2 conviction by a driver under 18. Those are the ones that change lives. A 16 year old with a second violation loses the license for 5 years.

Refusing the Test When You Are Under 21

An 18 to 20 year old who refuses is treated as an adult under § 31-27-2.1, and the refusal goes to the Rhode Island Traffic Tribunal at 670 New London Avenue in Cranston, not District Court. A first refusal carries a fine of $200 to $500, 10 to 60 hours of community restitution, a suspension of 6 months to 1 year, a $500 highway safety assessment, and a $200 Department of Health fee.

A driver under 18 who refuses falls under § 31-27-2.5(a), which imposes the § 31-27-2.1 penalties but sets the first-violation suspension at 6 months and sends the case to Family Court. Either way, the paperwork the officer was required to complete is where most of my refusal defense work starts.

College Students at URI and Brown: The Campus Side

Many of my under 21 clients are college students, and for them the court case is only half the problem. Both URI and Brown have conduct codes that reach off campus conduct, and a drinking and driving arrest can trigger a referral that runs on its own timeline with its own standard of proof. I built a page for URI students facing a DUI because the questions from Kingston differ from those from College Hill, but in both cases I want to know about the campus process early so a client does not say something in court that hurts them before a conduct board.

How I Handle These Cases

First, I confirm the tier. I read the arrest report, the age on the license, and the test result, and I confirm which statute the state is proceeding under. I have seen young drivers charged under the wrong section, and that changes the court, the penalty range, and whether the matter is criminal.

Second, the test. Both youth statutes make the penalty conditional on the result being admissible under § 31-27-2: the machine checked for accuracy within 30 days and the operator certified within 365 days, among other conditions. On a .02 or .03 reading, the margin of error on the instrument is not an abstraction. I pull the calibration records on every case.

Third, the stop. The officer needs a lawful reason to pull the car over. Sobriety checkpoints are unconstitutional in Rhode Island under Pimental v. Department of Transportation, so a "checkpoint" stop gets a hard look. If the stop fails, the test result goes with it.

Fourth, the parent. For under 18 clients, I want the parent to understand the until-21 exposure before we decide anything. For 18 to 20 clients, the student decides what the parents hear. Anyone looking for a RI DUI lawyer for a son, daughter, or roommate should ask the lawyer to explain the Family Court and District Court paths on the first call. My full guide to underage DUI defense in Rhode Island goes deeper on strategy.

Frequently Asked Questions

Is an under 21 DUI in Rhode Island a criminal offense?

Not at the .02 tier. Both § 31-27-2.5 and § 31-27-2.7 state that a violation is not a criminal offense. The case becomes a criminal misdemeanor under § 31-27-2 when the reading reaches .10 for a driver under 18 or .08 for a driver 18 to 20.

Does a driver under 18 go to Family Court for a DUI?

Yes. Section 31-27-2.5 gives Family Court jurisdiction over the .02 to under .10 tier and over refusals, and § 31-27-2(h) sends misdemeanor DUI cases for anyone under 18 there as well.

How long is the license suspension for a first under 21 DUI?

A driver under 18 at .02 to under .10 faces 6 months, which Family Court may extend to 12 months. An 18 to 20 year old at .02 to under .08 faces 1 to 3 months. A reading at or above the youth ceiling triggers the adult § 31-27-2 ranges, starting at 30 to 180 days.

When is a license suspended until age 21 in Rhode Island?

A second violation of § 31-27-2.5 by a driver under 18 carries suspension until 21. A second or subsequent § 31-27-2 conviction by a driver under 18 carries a mandatory suspension until 21, plus possible Training School time. Neither can be shortened by the judge.

Can URI or Brown discipline a student for an off campus DUI?

Yes. Both schools have conduct processes that reach off campus conduct, and a DUI arrest can trigger a referral separate from the court case. I coordinate the court strategy with the campus process from the start.

Call My Office About an Under 21 DUI Charge

If you or your child has been charged with drinking and driving under the age of 21, call me at 401-573-2265. The consultation is free and I answer the phone 24 hours a day. My offices are at 127 Dorrance Street in Providence, next to the Garrahy Judicial Complex, and at 970 Main Street, Suite 2, in West Warwick. I cannot promise a result, but I can promise the case will be read correctly and fought hard.

This article is general information about Rhode Island law and is not legal advice for any specific case.