A previous DUI/DWI conviction in another state may be included as a previous conviction and elevate or enhance the charge for a subsequent DUI/DWI in the driver’s current state of residence—just as if the driver had been convicted of the previous DUI/DWI offense in the driver’s current state of residence.

Whether a previous DUI/DWI conviction in another state is included or stacked on a DUI/DWI charge in the driver’s current state of residence will depend on whether the prosecutor on the current charge becomes aware of the previous conviction. The prosecutor will often become aware of a previous conviction by searching the National Driver Register database—which may include information regarding a driver’s license suspension or revocation provided by the other state in which the driver previously lived and was convicted of DUI/DWI. And if a driver receives a DUI/DWI while visiting another state, the police will notify the Department of Motor Vehicles (DMV) in both the state where the driver was charged with DUI/DWI and the state of the driver’s residence that issued the driver’s current license.

These laws vary from state to state and their application often includes some prosecutorial discretion on whether to include or stack a previous conviction for a DUI/DWI charge in another state on a current DUI/DWI charge in the driver’s state of residence. Some states include, calculate, or stack such a previous DUI/DWI conviction only when the law violated in the other state is sufficiently similar to the DUI/DWI law in the state where the current charge is pending.

In Rhode Island, a previous DUI/DWI conviction from another state can be considered when determining the severity of charges and penalties for a subsequent DUI/DWI offense. This is in line with Rhode Island's efforts to discourage drunk driving and penalize repeat offenders more harshly. The state's legal system allows for such out-of-state convictions to be 'stacked' or included in the driver's record, potentially elevating the charges and penalties of a new DUI/DWI incident. The decision to include a prior out-of-state DUI/DWI conviction typically depends on the prosecutor's awareness of the previous offense, which is often discovered through the National Driver Register database. This database tracks license suspensions and revocations across states. Additionally, if a Rhode Island resident is charged with a DUI/DWI in another state, both the state where the offense occurred and Rhode Island's DMV are notified. The inclusion of prior convictions from other states is subject to the similarity of the out-of-state DUI/DWI laws to those of Rhode Island, and there is some prosecutorial discretion involved in the process.