Arrested for Driving Under the Influence? Should you take the test?

You have been arrested for suspected drunk driving and you are at the police station being asked to submit to a chemical test(blow into a breathalyzer), what do you do? Knowing what will happen if you don't blow may help you determine what to do. By operating a vehicle in the State of Rhode Island, you are consenting to submit to a chemical test. If you refuse to take that test, you may be charged with Refusal to Submit to a Chemical Test under Rhode Island General Laws § 31-27-2.1. A first offense will be handled at the RI Traffic Tribunal in Cranston, and is NOT a criminal offense. A second offense, or subsequent offense within 5 years will be handled in the District Court and is a criminal offense. Here are the penalties associated with this charge:

• A first offense is NOT a criminal charge and carries a $200-$500 fine, 10-60 hours of community service, attendance in a course on drunk driving, potential drug/ alcohol treatment, and a license loss of between 6 months to 1 year.
• A second offense is a misdemeanor criminal charge and carries up to 6 months at the Adult Correctional Institute, a fine of between $600-$1000, 60-100 hours of community service, drug/alcohol treatment, and a license loss of 1-2 years. You may also not operate a vehicle unless it is equipped with an ignition interlock device.
• A third offense is a misdemeanor criminal charge which carries up to 1 year at the Adult Correctional Institute, a fine of between $800-$1000, 100 hours of community service, drug/alcohol treatment, and a license loss of 2-5 years. You may also not operate a vehicle unless it is equipped with an ignition interlock device.

What happens when the police want you to take a blood test? By operating your vehicle in the State of RI, you have consented to taking a chemical test and the police can ask you to take up to 2 chemical tests. If you submit to the test and the breathalyzer reads .00 -.07 and they suspect you to be under the influence of drugs, they can ask for that additional blood test. If you are in an accident or taken to the hospital for any reason, they can ask you to submit to a blood test. The penalties associated with a refusal to submit to a blood test are as follows:

• A first offense is NOT a criminal charge and carries a $200-$500 fine, 10-60 hours of community service, attendance in a course on drunk driving, potential drug/ alcohol treatment, and a license loss of between 6 months to 1 year.
• A second offense is NOT a criminal charge and carries a fine of between $600-$1000, 60-100 hours of community service, drug/alcohol treatment, and a license loss of 2 years. You may also not operate a vehicle unless it is equipped with an ignition interlock device.
• A third offense is NOT a criminal charge and carries a fine of between $800-$1000, 100 hours of community service, drug/alcohol treatment, and a license loss of 2-5 years. You may also not operate a vehicle unless it is equipped with an ignition interlock device.

If you have been charged with Refusal to Submit to a chemical test, have one of our experienced trial attorneys defend you! Remember you are entitled to a confidential phone call after arrest, use it to contact us!