Understanding the Breathalyzer in Rhode Island
If law enforcement pulls you over under suspicion of driving under the influence (DUI) in Rhode Island, they will likely ask you to take a breathalyzer in Rhode Island to measure your blood alcohol content (BAC). You can refuse the test, but refusal carries serious consequences.
How Breathalyzers Work and Implied Consent
A breathalyzer measures a person’s BAC through a sample of their breath. Rhode Island follows implied consent laws, meaning that by applying for a driver’s license in the state, you automatically agree to submit to a breathalyzer test if an officer suspects you of DUI. Refusing the test does not eliminate legal repercussions.
Consequences of Refusing a Breathalyzer
Refusing a breathalyzer can lead to severe penalties. For a first offense, you may face:
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License suspension for up to one year
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Fines up to $500
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Mandatory community service
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A DUI education course
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Required alcohol treatment
Second or subsequent refusals carry criminal penalties and longer license suspensions. Rhode Island imposes some of the strictest penalties in the country for refusing a breathalyzer.
Should You Refuse a Breathalyzer?
There is no simple answer to whether you should refuse a breathalyzer. Factors to consider include:
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How much alcohol you consumed
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Whether an accident occurred
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Whether you have refused a breathalyzer in the past five years
If you have refused a breathalyzer in Rhode Island, it is critical to consult an experienced DUI defense attorney immediately to understand your legal rights and explore your options.
Rhode Island DUI Defense Attorneys Can Help
If refusing a breathalyzer led to a license suspension or criminal charges, the DUI defense attorneys at Inman & Tourgee can guide you through the process. Contact our team for legal representation by filling out an online case evaluation or calling (401) 823-9200 today.
