Refusing a Chemical Test in Rhode Island
If police arrest you for suspected drunk driving in Rhode Island, they may ask you to take a chemical test, such as a breathalyzer. By driving in the state, you automatically consent to these tests. Refusing a test can lead to charges under Rhode Island General Laws § 31-27-2.1.
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First offense: This is not a criminal charge. You face a $200–$500 fine, 10–60 hours of community service, a drunk driving course, possible drug or alcohol treatment, and a license suspension for 6 months to 1 year.
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Second offense: This is a criminal misdemeanor. You face up to 6 months in the Adult Correctional Institute, a $600–$1000 fine, 60–100 hours of community service, drug or alcohol treatment, and a license suspension for 1–2 years. You cannot drive without an ignition interlock device.
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Third offense: This is a criminal misdemeanor. You face up to 1 year in the Adult Correctional Institute, an $800–$1000 fine, 100 hours of community service, drug or alcohol treatment, and a license suspension for 2–5 years. You cannot drive without an ignition interlock device.
Blood Tests and Legal Defense
Police may also require a blood test. Driving in Rhode Island gives implied consent to up to two chemical tests. Officers may request a blood test if the breathalyzer shows a BAC between .00–.07 and they suspect drug use. They may also request a blood test if you are involved in an accident or taken to a hospital.
Refusing a blood test carries these penalties:
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First offense: Not a criminal charge. You face a $200–$500 fine, 10–60 hours of community service, a drunk driving course, possible drug or alcohol treatment, and a license suspension for 6 months to 1 year.
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Second offense: Not a criminal charge. You face a $600–$1000 fine, 60–100 hours of community service, drug or alcohol treatment, license suspension for 2 years, and cannot drive without an ignition interlock device.
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Third offense: Not a criminal charge. You face an $800–$1000 fine, 100 hours of community service. Drug or alcohol treatment, license suspension for 2–5 years, and cannot drive without an ignition interlock device.
If police charge you with Refusal to Submit to a Chemical Test, contact our trial attorneys at Inman & Tourgee immediately. You have the right to a confidential phone call after arrest—use it to call us.
