---
title: "Under 21 DUI in Rhode Island: The .02 Standard and How a Minor Case Runs"
description: "An under 21 DUI in Rhode Island splits into 2 tracks by test result. A .02 to under .08 result is a non-criminal driving while impaired violation with a short license suspension, and a .08 or higher result is a regular misdemeanor DUI. Drivers 18 to 20 go to District Court; drivers under 18 go to Family Court."
url: https://duiattorneyrhodeisland.com/under-21-dui-in-rhode-island/
date: 2026-09-08
modified: 2026-09-25
author: "Criminal Defense Attorney Rory Munns"
image: https://duiattorneyrhodeisland.com/wp-content/uploads/2026/09/under-21-dui-in-rhode-island-card.webp
categories: ["DUI"]
tags: ["driving while impaired", "Family Court", "juvenile DUI", "Rhode Island DUI", "under 21 DUI"]
type: post
lang: en
---

# Under 21 DUI in Rhode Island: The .02 Standard and How a Minor Case Runs

An under 21 DUI in Rhode Island is really two different cases, and the number on the breath test decides which one. A driver under 21 who blows .02 or higher but under the adult limit is charged with "driving while impaired," a non-criminal violation with its own license suspension. A driver under 21 who blows .08 or higher is charged with a regular DUI under R.I. Gen. Laws [§ 31-27-2](https://riduilaws.com/rhode-island-dui-laws/), the same misdemeanor an adult faces, with jail exposure and a criminal record.

The age of the driver decides the courtroom. Drivers who are 18, 19, or 20 answer in District Court under [§ 31-27-2.7](https://riduilaws.com/rhode-island-under-21-dui/). Drivers who are 16 or 17 answer in Family Court under § 31-27-2.5. Attorney Rory Munns handles both from his office at 127 Dorrance Street in Providence, and the first thing he does with any young client is figure out which track applies.

## The .02 Standard for Drivers 18 to 20

Section 31-27-2.7 covers a driver who is at least 18 but under 21. If that driver takes a chemical test at the request of an officer who believes the driver is under the influence of alcohol, and the result is .02 or higher but under .08, the statute says the driver "shall be determined to have been driving while impaired." The tier only applies when the driver takes the test, and it stops at .08.

The case is decided after a hearing in District Court. Before the judge can order anything, § 31-27-2.7(b) requires a finding that the test result met every admissibility condition in § 31-27-2, including equipment checked for accuracy within the prior 30 days and notice of the right to an independent test, and that the driver was afforded the rights in that section. Each condition is a place where the state can fall short.

## What Driving While Impaired Is Classified As

This is what parents ask about first. Subsection (d) of § 31-27-2.7 states that a violation "shall not be considered a criminal offense." The under 18 version says the same thing in § 31-27-2.5(g). A .02 to .08 result does not produce a criminal conviction. It is still a sustained violation on the driving record with a suspension the judge cannot shorten, but it is not a misdemeanor, and that changes how it gets answered on job, school, and housing applications.

## License Consequences at the .02 Tier

For a first violation by an 18 to 20 year old under § 31-27-2.7, the judge orders a fine of not more than $250, 30 hours of community restitution, and a license suspension of not less than 1 month and not more than 3 months. The driver also attends the DWI course, and treatment if the judge orders it; skip either and the suspension continues until it is finished. A second or later violation brings a fine of up to $250 plus a $300 highway safety assessment, up to 60 hours of community restitution, and a suspension of 3 to 6 months.

Subsection (c) removes the judge's discretion on the back end: nothing under this section "can be suspended, shortened, altered, or changed." The fight in a § 31-27-2.7 case therefore happens before the finding, on admissibility and rights, not at sentencing.

## How the .02 Tier Differs From an Adult DUI at .08

An adult DUI under § 31-27-2 is a misdemeanor. A [first offense](https://riduilaws.com/ri-first-offense-dui/) at .08 to under .1 carries a fine of $100 to $300, 10 to 60 hours of community restitution and/or up to one year in jail, and a license suspension of 30 to 180 days. At .15 or above the suspension is 3 to 18 months and an ignition interlock is required. Every conviction also carries a $500 highway assessment.

The .02 tier is a civil finding with a short suspension and no jail. The .08 case is a criminal charge with jail on the table and a permanent record. The gap between .079 and .080 is the gap between those two worlds, which is why the accuracy conditions in § 31-27-2(c) matter so much.

## What Happens When a Driver Under 21 Blows .08 or Higher

A driver under 21 with a result of .08 or higher is charged under § 31-27-2 like any adult; § 31-27-2(b)(1) says anyone whose blood alcohol concentration is .08 or more "shall be guilty" of the offense. For an 18 to 20 year old, that means the full adult sentencing range in District Court. For a 16 or 17 year old, § 31-27-2(d)(7) sets a separate first-offense range: 10 to 60 hours of community restitution, a license suspension of 6 months that may run up to 18 months, DWI school, and a highway assessment of up to $500. A second juvenile violation carries a mandatory suspension until age 21.

## Refusing the Chemical Test as a Minor

Refusal splits by age too. A driver 18 or older who refuses a chemical test is handled under [§ 31-27-2.1](https://riduilaws.com/ri-chemical-test-refusal/) at the Rhode Island [Traffic Tribunal](https://riduilaws.com/ri-dui-dmv-vs-court/) in Cranston. A first refusal carries a fine of $200 to $500, 10 to 60 hours of community restitution, a license suspension of 6 months to one year, and a $500 highway safety assessment, all in addition to any DUI charge. Attorney Munns covers that process on his page on [breathalyzer refusal laws in Rhode Island](https://duiattorneyrhodeisland.com/breathalyzer-refusal-laws-rhode-island/).

A driver under 18 who refuses is handled under § 31-27-2.5. Subsection (a) applies the § 31-27-2.1 penalties but sets the first-violation suspension at 6 months, and subsection (b) gives jurisdiction to the Family Court. The under 18 implied consent notice in § 31-27-2.5(h) is different from the adult notice, and the judge has to find it was given. Section 31-27-2.5(f) also requires the charging department to notify the custodial parent in writing within 10 days.

## Family Court Versus District Court

The statutes draw the line at 18, not 21. Section 31-27-2(h) places misdemeanor DUI in District Court for persons 18 or older and in Family Court for persons under 18. Section 31-27-2.7(b) sends the 18 to 20 driving while impaired hearing to District Court, and § 31-27-2.5(b) sends the under 18 cases to Family Court.

An 18, 19, or 20 year old arrested in Providence is arraigned in the Sixth Division of the [Rhode Island District Court](https://duiattorneyrhodeisland.com/rhode-island-district-court/) at the Garrahy Judicial Complex, One Dorrance Plaza. A 16 or 17 year old goes to Family Court, where the parent is part of the case from the start. Under 18, the .02 tier is also wider: § 31-27-2.5(d) runs from .02 to under .1, with a $150 assessment and a 6 month suspension that can run to 12 months on a first violation, and suspension until age 21 on a second.

## The Collateral Pieces Parents Should Plan For

College conduct codes come first. Most schools require students to report an arrest or a court finding, and many treat an alcohol-related driving matter as a conduct case whether or not it is criminal, so Attorney Munns asks every student client for the code of conduct early. Parents' auto insurance is second. A suspension on a household driver's record reaches the policy, and the carrier decides how to treat a civil finding versus a criminal conviction.

Expungement is third. Under § 12-1.3-2, a first offender may move to expunge a misdemeanor conviction 5 years after finishing the sentence, but the multiple-misdemeanor path specifically excludes § 31-27-2 and § 31-27-2.1 convictions. A driving while impaired finding is not a criminal conviction to begin with, so the question there is the driving record. The page on [expungement in Rhode Island](https://duiattorneyrhodeisland.com/expungement-in-rhode-island/) walks through the timing.

## How Attorney Rory Munns Approaches These Cases

Attorney Munns starts by confirming the age of the driver on the date of the stop and the exact test result, because those two facts choose the statute, the courtroom, and the penalty range. He then pulls the breath test records: the accuracy check, the operator's certification, delivery of the result, and the notation about the independent test. In a § 31-27-2.7 case the judge cannot enter a finding unless those conditions are met, so they are the case. For a juvenile he also checks which implied consent notice was read and talks to the family about the school and insurance pieces early. The rules that frame all of this are on his overview of [Rhode Island DUI laws](https://duiattorneyrhodeisland.com/rhode-island-dui-laws/), and the governing text for the 18 to 20 tier is R.I. Gen. Laws § 31-27-2.7.

## Frequently Asked Questions

### Is a .02 breath test a DUI for a driver under 21 in Rhode Island?

No. A result of .02 or higher but under .08 for a driver 18 to 20 is "driving while impaired" under § 31-27-2.7, which is not a criminal offense. A result of .08 or higher is a regular DUI under § 31-27-2 regardless of age.

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

For an 18 to 20 year old at the .02 tier, 1 to 3 months. For a driver under 18 at the .02 tier, 6 months, which can run up to 12 months.

### Which court handles a 17 year old charged with DUI in Rhode Island?

Family Court. Section 31-27-2(h) gives Family Court jurisdiction over DUI for anyone under 18, and § 31-27-2.5 does the same for under 18 refusal and driving while impaired cases. Drivers 18 and older go to District Court.

### What happens if a driver under 21 refuses the breath test?

A driver 18 to 20 faces a Traffic Tribunal refusal case under § 31-27-2.1, with a 6 month to one year suspension on a first violation. A driver under 18 faces a Family Court refusal case under § 31-27-2.5.

### Do the police notify parents of an under 18 DUI arrest?

Yes. Section 31-27-2.5(f) requires the charging department to notify the custodial parent in writing within 10 days, and the Family Court also sends the parent written notice of any suspension.

### Can an under 21 driving while impaired finding be expunged later?

A driving while impaired finding is not a criminal conviction, so there is no criminal record to expunge. A full DUI conviction under § 31-27-2 may be eligible for first offender expungement 5 years after the sentence is completed under § 12-1.3-2.

## Call Attorney Munns About an Under 21 Case

One number on a breath test decides whether a young person is facing a civil violation or a criminal charge. Attorney Rory Munns is a [Rhode Island DUI attorney](https://duiattorneyrhodeisland.com/) who handles both, in District Court and Family Court, from his office at 127 Dorrance Street next to the Garrahy Judicial Complex. Call 401-573-2265 any time, 24 hours a day, for a free consultation.

*This post is general information about Rhode Island law and is not legal advice for a specific case.*