Driving after a DUI in Rhode Island: the Hardship License

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

Rhode Island has no DMV administrative suspension and no hearing-request deadline. A DUI charge (§ 31-27-2) is a criminal case in District Court and the suspension follows conviction. A refusal (§ 31-27-2.1) is a civil summons before the Traffic Tribunal: Traffic Tribunal Rule 32(a) requires the first appearance no later than two calendar weeks after the summons is issued, and judicial review of the officer's report for the possible suspension of the license takes place at that first appearance; under § 31-27-2.1(b)(1)-(2), if the magistrate finds reasonable grounds and that the person was informed of the penalties, the license is immediately suspended, 'subject to the hardship provisions enumerated in § 31-27-2.8'. The Traffic Tribunal's Know Your Rights sheet states the summons orders the appearance date and that a judgment may be appealed to the Appeals Panel within ten days. No tempo

“the first appearance in such cases shall be scheduled no later than two (2) calendar weeks after the date the summons was issued. Judicial review of the officer's report for the possible suspension of the defendant's driver's license shall be conducted at the first appearance on said charge.”

Who can get it, and how soon

The RI DMV states a hardship license is a court-ordered restriction that only a Rhode Island court can issue, available only to motorists suspended for refusal to submit to a chemical test (§ 31-27-2.1) or convicted of DUI (§ 31-27-2), and granted in conjunction with an ignition interlock device and/or blood and urine testing. For a first offense (DUI conviction, first refusal, or the initial refusal suspension) involving intoxicating liquor, § 31-27-2.8(b)(7)(i) provides that the magistrate shall, upon request, immediately grant a conditional hardship license after a finding of need and proof of interlock installation; drug-only cases substitute blood and urine testing. Repeat offenses are subject to the ranges in § 31-27-2.8(b)(3)-(6); the DMV states operators with three or more alcohol- or drug-related convictions must satisfy the Medical Advisory Board before reinstatement.

“Per statute, hardship licenses are only available to motorists whose driver’s licenses are suspended for either Refusal to Submit to a Chemical test (R.I.G.L. § 31-27-2.1) , or those convicted of Driving Under the Influence of Drugs or Alcohol (R.I.G.L.§ 31-27-2).”

Rhode Island has no DMV administrative per se suspension; suspensions are imposed by the Traffic Tribunal or District Court. § 31-27-2.8(b)(7)(i) states that for a first-offense DUI conviction under § 31-27-2(d)(1), a first refusal under § 31-27-2.1(c)(1), or the initial refusal suspension ordered at the first appearance under § 31-27-2.1(b)(1), the magistrate 'shall, upon request, immediately grant a conditional hardship license' after a finding of need and proof of interlock installation. The same section states that with an interlock the mandatory suspension is reduced to a minimum 30 days (§ 31-27-2.8(b)(1)-(2)) and that no suspension may exceed 30 days based solely on the interlock (§ 31-27-2.8(b)(7)), while § 31-27-2.8(c) lets the judge or magistrate impose up to a 90-day loss of license before the hardship license. The first-offense conviction suspension itself is 30 to 180 days (

“the magistrate shall, upon request, immediately grant a conditional hardship license after a finding of need pursuant to this section and upon proof of the installation of an ignition interlock device.”

Conditions attached to the privilege

As stated: a court order from the Rhode Island Traffic Tribunal (or sentencing court) granting the hardship license after a hearing at which the motorist provides proof of employment status and hours or other legitimate reasons by sworn affidavit; installation of an ignition interlock device (blood and urine testing by a licensed substance-abuse professional instead of, or in addition to, the interlock where the finding is drugs, toluene or a controlled substance; the motorist pays those testing costs). The DMV Adjudication Office then requires: proof of installation (Installation Certificate), the court order including the authorized hours of operation, payment of the $100.00 Ignition Interlock fee, and payment of $27.50 to update the license to add the hardship restriction. The DMV states failure to report the court order promptly may require a return to the sentencing court. The DWI c

“Payment of $27.50 to update license to add hardship restriction”

Where and when it allows driving

A pre-determined continuous 12-hour period per day (not less than 12 continuous hours) for any valid reason approved in advance by the sentencing judge or magistrate, which shall include employment, medical appointments, job training, schooling, or religious purposes; hours are set in the court order and printed as a license restriction.

“The hardship license shall be valid for twelve (12) continuous hours per day for any valid reason approved in advance by the sentencing judge or magistrate, which shall include employment, medical appointments, job training, schooling, or religious purposes.”

How it is issued

A court issues the Hardship License by order, which is then presented to the licensing agency.

Official page: dmv.ri.gov

The statute: R.I. Gen. Laws § 31-27-2.8(b)(7) and (c)

“A hardship license shall only be granted in conjunction with the installation of an ignition interlock device and/or blood and urine testing.”