Alcohol Laws All College Students Should Be Aware Of
Driving Under the Influence
With many young adults returning to college in Rhode Island and Massachusetts, it is a good idea to remind your son or daughter of some of the negative legal consequences that can result from alcohol use, especially if they are under 21 years old. Most college students who are exposed to alcohol should be aware that underage drinking is illegal and can have serious consequences.
The most serious alcohol related charge is Driving Under the Influence, more commonly referred to as DUI, OUI or DWI. In both Rhode Island and Massachusetts, a first offense DUI or OUI (that does not involve death or serious bodily injury) is a misdemeanor offense with potential jail sentence of up to one year in Rhode Island and two and half years in Massachusetts. Rhode Island and Massachusetts also have different license suspension periods, fines and penalties for a first offense DUI, OUI or DWI.
The legal limit for blood alcohol content (BAC) in both Rhode Island and Massachusetts is 0.08%. In Rhode Island, the penalties for a first offense DUI depend, in part, on the driver’s BAC. These penalties range from license suspensions of one month to eighteen months, fines from $100 to $500, community service from 10 to 60 hours and mandatory participation in a DUI/alcohol program, treatment or counseling. In Massachusetts, the potential license suspension for a first offense OUI is one year, with a fine ranging from $500 to $5,000. These penalties increase in both states for drivers under the age of 21.
There are separate penalties in both Rhode Island and Massachusetts for Breath Test Refusals and Chemical Test Refusals, and the procedures for defending these charges differ in both states. Additionally, both Rhode Island and Massachusetts offer Hardship or “Cinderella” licenses during the period of suspension, and the procedures for obtaining these types of licenses differ in each state.
Besides DUI/OUI/DWI
In addition to DUI / OUI / DWI offenses, there are a number of other alcohol related charges that can ensnare young adults:
- Possession of alcohol by a minor.
- Transportation of alcohol by a minor.
- Underage drinking.
- Fraudulent Identification (Fake Id’s).
- Providing alcohol to minors.
There are a range of penalties related to these charges in Rhode Island and Massachusetts, including fines, license suspensions, misdemeanor convictions and even jail.
Because procedures and attitude towards alcohol related crimes vary between Rhode Island and Massachusetts, and even between local communities in both states, it is a good idea to consult with a lawyer who is familiar with how these cases are handled. This will give you a better chance of achieving the most favorable outcome under the unique circumstances of your case. For more information or to consult regarding your own unique issues please call or visit Keough + Sweeney.