A Rhode Island DUI with injury charge puts your license at risk in more than one way. If the state says the crash caused serious bodily injury to someone else, the case is charged as a felony under R.I. Gen. Laws § 31-27-2.6, and a conviction can bring a license revocation of up to 2 years. If you also refused a chemical test, the Traffic Tribunal can suspend your license on the refusal long before the criminal case ends. This guide covers each license consequence of a Rhode Island DUI with injury, what the statutes actually say, and what to do while the case is open.
Two cases can run side by side here. One is the criminal case in court. The other is the license side, which can involve the Traffic Tribunal, the sentencing judge, and later the Division of Motor Vehicles when it is time to get your license back. Each one has its own dates, and missing one can cost you driving time you did not need to lose.
Charged with a DUI after a crash where someone was hurt? Call Chad F Bank at 401-573-2265 for a free case review.
How Rhode Island Charges a DUI That Causes Injury
Section 31-27-2.6 applies when a driver who is under the influence of alcohol, drugs, or a controlled substance causes serious bodily injury to any person other than the driver. The statute defines serious bodily injury as 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.
That definition sets a real bar. Soreness, bruising, or a short emergency room visit may not meet it. Fractures, internal injuries, and lasting damage often will. The medical records usually decide which side of the line the case falls on, so they are one of the first things a defense lawyer asks for.
A conviction under § 31-27-2.6 is a felony. The statute sets a sentence of 1 to 10 years and a fine of $1,000 to $5,000, and the judge can order alcohol or drug treatment. When the injury does not meet the serious bodily injury definition, the state may instead charge a standard DUI under § 31-27-2, sometimes alongside other driving charges. For the full picture of injury and death cases, see our page on DUI resulting in bodily injury or death.
License Revocation After a Serious Bodily Injury Conviction
The license language in § 31-27-2.6 is short, but it matters:
| Situation | License consequence in the statute |
|---|---|
| First conviction under § 31-27-2.6 | License may be revoked for up to 2 years |
| Second or later conviction within 5 years | License may be revoked for up to 4 years |
| Getting the license back | Only after the DMV administrator is satisfied no grounds exist to refuse a license, and after proof of financial responsibility under chapter 32 of title 31 |
| Ignition interlock | The court may require an interlock and/or blood and urine testing for 1 to 5 years under § 31-27-2.8(d) |
Note the word "may." The revocation period is up to the judge, within the statutory limit. Note also that the lookback for this section is 5 years, written into § 31-27-2.6 itself. That is different from the 10-year lookback that now applies to ordinary DUI charges under § 31-27-2.
Revocation is not the same as a suspension that simply runs out. After a revocation, the license does not come back on its own. You have to satisfy the DMV and show proof of insurance coverage before driving again.
The Refusal Track at the Traffic Tribunal
Rhode Island does not suspend your license at the scene for failing a breath test. The license problem that moves fastest is the refusal case. Under § 31-27-2.1, if you refused a chemical test, a Traffic Tribunal magistrate reviews the police reports at your first appearance. If the magistrate finds the statutory conditions are met, the magistrate orders your license suspended right away. That suspension is subject to the hardship provisions in § 31-27-2.8.
You can ask for a hearing on the refusal within 15 days. A first refusal carries a 6 month to 1 year suspension, a $200 to $500 fine, 10 to 60 hours of community service, a DWI course or treatment, and assessments of $500 and $200. A sustained refusal also counts as a prior violation when the court later sets a DUI license suspension, under § 31-27-2(d)(5)(i). For more on the refusal side, see our breathalyzer refusal page.
Why a Blood Test Can Happen Even After a Refusal
In most DUI cases, a refusal means no test is given. Injury and death crashes are different. Under § 31-27-2.9, if you refuse and the officer has probable cause to believe you violated § 31-27-2.6 (or the death, driving to endanger, or serious injury driving to endanger sections), the police can get a search warrant for a chemical test of your blood, saliva, or breath. The test must be audio and video recorded, and the results can be used in court if the statutory testing conditions were met.
So a refusal can lead to a license suspension at the Traffic Tribunal and a warrant blood test in the criminal case. Both need attention. The warrant, the timing of the draw, and how the sample was handled are all things a defense lawyer reviews.
Can You Get a Hardship License?
Rhode Island does have a conditional hardship license, but the rules are narrow. Under § 31-27-2.8(b), a first-offense DUI or a first refusal can qualify, on request, for a hardship license tied to an ignition interlock. The judge or magistrate can first impose up to 90 days with no license. When granted, a hardship license covers 12 continuous hours a day for approved reasons such as work, school, or medical appointments.
Those hardship provisions are written for first-offense DUI and refusal cases. They do not mention § 31-27-2.6. So do not assume a hardship license will be available after a serious bodily injury conviction. Ask your lawyer what is realistic in your case before you make plans around it.
Driving While Suspended or Revoked Makes Things Worse
Driving while your license is suspended or revoked for a DUI or a refusal is its own crime under § 31-11-18.1. A first conviction carries a mandatory $500 fine and at least 10 days in jail, and the DMV must add at least 3 more months of suspension. A second conviction within 5 years carries 6 months to 1 year. Driving under the influence while suspended for a DUI is a felony under § 31-27-2(d)(4), with up to 3 years and a fine of up to $3,000.
Line up rides to work, court, and appointments now. One short drive can turn a hard situation into a much worse one.
What to Do While the Case Is Open
- Collect every paper you were given: the summons, the criminal complaint, any Traffic Tribunal notice, and any DMV letter.
- Put every court date and Traffic Tribunal date on one calendar. If you want a refusal hearing, the 15-day window matters.
- Write down what you remember about the stop, the crash, and any test request while it is fresh.
- Do not talk about the crash with the injured person, their family, or an insurance adjuster. Do not post about it.
- Do not drive until you know your license status for certain.
- Talk to a DUI lawyer before your first court date.
Defending the Charge Protects the License
The strongest way to protect your license is to attack the charge itself. The state has to prove you were operating the vehicle, that you were under the influence, that your driving caused the injury, and that the injury meets the statutory definition. Each one is a place to push back. If the injury does not meet the definition, the felony and its revocation may fall away. If a warrant blood test was handled poorly, the result may be challenged.
Chad F Bank is a RI criminal defense lawyer who handles DUI and felony cases in Providence and across Rhode Island. He can review the criminal charge and the license side together so neither one gets missed. Call 401-573-2265.
Related Reading
- DUI Resulting in Bodily Injury or Death
- DUI Serious Bodily Injury in Rhode Island: Felony Charges
- Rhode Island DUI License Suspension: Length and Next Steps
- DUI Resulting in Death in Rhode Island
- Breathalyzer Refusal in Rhode Island
Frequently Asked Questions
Is a DUI with injury a felony in Rhode Island?
It is when the injury meets the serious bodily injury definition in § 31-27-2.6. That offense carries 1 to 10 years and a fine of $1,000 to $5,000. If the injury does not meet the definition, the state may charge a standard DUI under § 31-27-2 instead.
How long can my license be revoked for a DUI with serious bodily injury?
For a first conviction, the court may revoke your license for up to 2 years. For a second conviction under the same section within 5 years, up to 4 years. You must satisfy the DMV and show proof of financial responsibility before the license is reinstated.
Can my license be suspended before the criminal case ends?
Yes, if you refused a chemical test. A Traffic Tribunal magistrate can order an immediate suspension at your first appearance on the refusal. Rhode Island does not suspend your license at arrest for a failed breath test.
Can the police take my blood if I refuse in an injury crash?
Yes, with a search warrant. Under § 31-27-2.9, if there is probable cause of a DUI serious bodily injury or death offense, police can get a warrant for a chemical test. The test must be audio and video recorded.
Will an ignition interlock be required?
It can be. Under § 31-27-2.8(d), a judge may require an ignition interlock and/or blood and urine testing for 1 to 5 years after a conviction for a DUI that caused serious bodily injury or death.
