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Breathalyzer & Chemical Test Refusals

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Woman refusing a breathalyzer test - is refusing a breathalyzer an admission of guilt

In Rhode Island, refusing a breathalyzer or chemical test following a 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 your charges.

Clients trust Attorney Knight to handle their cases because:

  • Invaluable experience as a former prosecutor
  • Results-driven advocacy, available 24/7
  • Superb Avvo Rating for Criminal Defense
  • Affordable payment options

Get started toward 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.

Is Refusing a Breathalyzer an Admission of Guilt?

A test refusal can be seen as an admission of guilt and be used against you. Even if you are well over the limit, the penalties for refusal are not worth the possible benefits of depriving the prosecution of evidence.

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 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.

Refused a breathalyzer or chemical test? Protect your future by requesting a free case evaluation today!

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  1. Former Prosecutor
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