Breathalyzer/Chemical Test Refusals in Rhode Island
Consult with a Skilled Providence DUI Lawyer Today
In the state of Rhode Island, refusing a breathalyzer or chemical test
DUI arrest is a punishable offense. Refusing a breath test can expose a person
to a minimum one-year driver’s license suspension and harm their
chances of beating a DUI charge. Fortunately, a highly knowledgeable Rhode
Island DUI attorney from the Law Office of Jason Knight can defend you
against these consequences and advocate for a dismissal or reduction or
Countless clients have trusted Attorney Knight to handle their cases for
the following reasons:
- Invaluable experience as a former prosecutor
- Results-driven advocacy, available 24/7
- Superb Avvo Rating for Criminal Defense
- Affordable payment options
Get started towards building your defense today – call (401) 354-2255.
What is “Implied Consent?”
Like many other states, Rhode Island has an implied consent statute in
place regarding chemical tests. In other words, if you have been issued
a Rhode Island driver’s license, you have already consented to take
any chemical test that a police officer should request in the event that
you are lawfully arrested. Officers can request up to two blood, breath,
or urine tests to measure your blood alcohol concentration (BAC), and
they must be completed as soon as possible after your arrest. If you refuse,
you will be subject to various penalties under state law.
Refusing a chemical test can bring the following penalties:
- License suspension
- Community service
- Expensive fines
- Mandatory drug/alcohol treatment
- Possible jail time
These penalties will vary depending on how many refusals a person has on
their record. For example, while a first refusal can result in only a
six month license suspension and up fines up to $500, a third refusal
can bring a license suspension up to five years, 100 hours of community
service, a $1,000 fine, and stint in jail.
Should I Submit or Refuse?
Generally speaking, it is usually not a good idea to refuse a chemical
test. Even if you are well over the limit, the penalties for refusal are
not worth the possible benefits of depriving the prosecution of evidence.
In addition, a test refusal can be seen as an admission of guilt and be
used against you. It is almost always preferable to submit to a test and
let your attorney handle your defense.
Even if your religion or medical history prevents you from taking a blood
test, you will still be required to take a breath or urine test. Drivers
can file an affidavit with the Rhode Island DMV explaining their objections
beforehand to pursue exemption from blood tests, but this will not excuse
a person from the other types of chemical tests.
Our Rhode Island DUI Lawyer Is Ready to Defend You
If you are facing charges for a breathalyzer or chemical test refusal,
our breathalyzer refusal attorney can help you create a strong defense
that seeks to minimize the negative impact of these charges. Our firm’s
lawyer understands the law intimately, and we can use our extensive knowledge
to negotiate for a desirable outcome on your behalf. We know your rights,
and we know how to get the results you need.
Protect your future by requesting a
free case evaluation today!