A DUI serious bodily injury charge in Rhode Island is a felony, not a standard drunk driving case. It falls under R.I. Gen. Laws § 31-27-2.6, and a conviction carries 1 to 10 years, a fine of $1,000 to $5,000, and a possible license revocation of up to 2 years. The state still has to prove every part of it, including that the injury meets a specific legal definition and that your driving caused it. This guide explains what the DUI serious bodily injury statute says, what prosecutors must show, and where these cases are usually fought.
Knowing what the state has to prove helps you make better choices in the first days after an arrest, when evidence is still fresh and the case is still taking shape.
Facing a felony DUI after a crash? Call Chad F Bank at 401-573-2265 for a free case review.
What Section 31-27-2.6 Says
The statute is titled "Driving under the influence of liquor or drugs, resulting in serious bodily injury." It applies when serious bodily injury to any person other than the driver is caused by the operation of a motor vehicle by someone under the influence of alcohol, toluene, a controlled substance, or a combination of these.
Two parts of that sentence matter right away. First, the injured person must be someone other than the driver, such as a passenger, another driver, or a pedestrian. Second, the injury must be "serious bodily injury" as the statute defines it. A crash with minor injuries is not charged under this section.
How Rhode Island Defines Serious Bodily Injury
Under § 31-27-2.6(b), serious bodily injury means physical injury that:
- creates a substantial risk of death, or
- causes serious physical disfigurement, or
- causes protracted loss or impairment of the function of any bodily member or organ.
The medical records usually decide whether the injury meets that bar. Emergency room notes, imaging, surgery reports, and follow-up care all go into how the state describes the harm. Short-lived pain generally sits on a different footing than fractures, internal injuries, or lasting damage. Defense work often starts by asking whether the documented injury truly fits the definition.
Penalties for a DUI Serious Bodily Injury Conviction
| Consequence | First conviction | Second or later within 5 years |
|---|---|---|
| Prison | 1 to 10 years | 2 to 15 years |
| Fine | $1,000 to $5,000 | $3,000 to $10,000 |
| License | May be revoked for up to 2 years | May be revoked for up to 4 years |
| Treatment | May be required, at your expense | May be required, at your expense |
The judge can send a person to any unit of the Adult Correctional Institutions. Getting a license back after a revocation requires satisfying the DMV that no grounds exist to refuse a license, plus proof of financial responsibility. A court can also order an ignition interlock and/or blood and urine testing for 1 to 5 years under § 31-27-2.8(d).
The range is a ceiling and a floor, not a prediction. Where a sentence lands depends on the facts, the injury, and your history. For the bigger picture on injury and death cases, see our page on DUI resulting in bodily injury or death.
Other Charges That Can Come From the Same Crash
One crash can lead to more than one count. Chapter 31-27 of the General Laws has several sections that often appear together:
- § 31-27-1.1, driving so as to endanger, resulting in serious bodily injury. This covers reckless driving that causes serious bodily injury, with or without alcohol. It carries up to 5 years and a license suspension of up to 3 years.
- § 31-27-2, standard DUI. If the injury does not meet the definition, the state may fall back on a regular DUI charge.
- § 31-27-2.1, chemical test refusal. A refusal is a separate case at the Traffic Tribunal with its own license suspension.
- § 31-27-2.2, DUI resulting in death, when someone dies from the crash.
More counts give the prosecutor more room to bargain. The defense has to look at the whole charging picture, not one statute at a time.
What Prosecutors Have to Prove
- That you were operating the vehicle. This is sometimes disputed after a crash.
- That you were under the influence, shown by observations, field sobriety tests, a chemical test, or other evidence.
- That your operation of the vehicle caused the injury.
- That the injury meets the statutory definition of serious bodily injury.
Each element is a place to push back. Causation gets a lot of attention, because crashes can have more than one cause: weather, road design, a third driver, or a mechanical failure. Medical causation matters too, especially where the injured person had a prior condition or treatment was delayed.
Blood Tests and Refusals in Injury Cases
Normally, if you refuse a chemical test, no test is given. Injury cases are an exception. Under § 31-27-2.9, if you refuse and an officer has probable cause to believe you violated § 31-27-2.6, the police can get a search warrant for a test of your blood, saliva, or breath. The test must be audio and video recorded. The results are admissible only if the testing rules in § 31-27-2 were followed.
That gives the defense real questions to ask. Was the warrant valid? Was the sample taken and handled by the approved methods? Were you offered an independent test? Those details can decide whether a test result comes in at all.
Civil Claims Run on a Separate Track
The injured person may also bring a civil claim for money damages. That case moves in a different court, on a different schedule, under a lower standard of proof. Anything you say in one case can show up in the other, so talk to your defense lawyer before you talk to an insurance adjuster or sign anything.
What to Do in the First Days
- Write down what you remember: the road, the weather, other vehicles, and what happened at the scene.
- Do not discuss the crash with the injured person, their family, or an insurance adjuster.
- Keep every paper you receive from the police, the court, the Traffic Tribunal, and the DMV.
- Find out your license status before you drive anywhere.
- Call a defense lawyer before the first court date, while video, witnesses, and vehicle data can still be found.
Evidence fades fast. Surveillance video gets recorded over, witnesses move, and vehicle data can be lost when a car is repaired or sold.
Can a DUI Serious Bodily Injury Conviction Be Expunged?
Possibly, but only after a long wait. DUI is not on the crime of violence list in § 12-1.3-1. If a felony conviction is the only conviction on your record, § 12-1.3-2 allows a motion to expunge 10 years after you finish the sentence. The judge still decides after a hearing. See can you expunge a DUI in Rhode Island for the details.
How a Defense Lawyer Approaches These Cases
Felony DUI defense starts with the charging papers and the police report, then moves to the testing records, the crash reconstruction, and the medical file. The goal is to find which elements the state can prove and which it cannot, then use that to negotiate or prepare for trial.
Chad F Bank is a RI criminal defense lawyer who handles DUI and felony defense in Providence and across Rhode Island. The first call focuses on the charge, the timeline, and the immediate risks to your freedom and your license. Call 401-573-2265.
Related Reading
- DUI Resulting in Bodily Injury or Death
- Rhode Island DUI With Injury: License Consequences
- DUI Resulting in Death in Rhode Island
- Does a DUI in Rhode Island Mean Jail Time?
Frequently Asked Questions
Is a DUI with serious bodily injury a felony in Rhode Island?
Yes. A conviction under § 31-27-2.6 carries 1 to 10 years in prison and a $1,000 to $5,000 fine. A second conviction under that section within 5 years carries 2 to 15 years and a $3,000 to $10,000 fine.
Who counts as seriously injured under the statute?
Someone other than the driver who suffers physical injury that creates a substantial risk of death, causes serious physical disfigurement, or causes protracted loss or impairment of a bodily member or organ. Medical records usually decide the question.
What happens to my license after a conviction?
The court may revoke it for up to 2 years on a first conviction, or up to 4 years on a second within 5 years. You must satisfy the DMV and show proof of financial responsibility before it is reinstated. An ignition interlock for 1 to 5 years is also possible.
Can the charges be reduced or dismissed?
It depends on the evidence. Weak testing, disputed causation, an unreliable reconstruction, or medical records that do not meet the definition can all change the case. Some cases resolve with a plea to a lesser charge, and others are won through motions or at trial.
Does refusing a chemical test stop a blood test?
Not in an injury case. Under § 31-27-2.9, police with probable cause can get a search warrant for a blood test after a refusal. The refusal also starts a separate license case at the Traffic Tribunal.
