What Happens If You Refuse a Breathalyzer Test?

If you refuse the Breathalyzer test, it will most likely result in the suspension of your license after the refusal arraignment but prior to any hearing of your case. The truth of the matter is that a refusal case is difficult to win. Before you refuse a Breathalyzer test, learn more about your circumstances and if you should take a breathalyzer test or not.

Basics of a Refusal Case

In a refusal case, the state of Rhode Island has to prove by clear and convincing evidence that:

  1. The law enforcement officers had reasonable grounds to believe the defendant had been driving a motor vehicle within the state while under the influence of intoxicating liquor and/or drugs
  2. While under arrest, the person refused to submit to taking a Breathalyzer and/or chemical test
  3. The person has been informed of his or her rights in accordance with 31-27-3 and informed of the penalties.

If you are currently facing a DUI charge, contact our experienced DUI lawyer in Rhode Island to help protect your rights and preserve your freedom.

Mandated Breath Test Rules in Rhode Island

Understanding how breath tests are conducted can help provide insight into your unique situation. Below are some of the mandated rules for breath tests in Rhode Island:

Penalties for DUI

If you or a loved one has been arrested for DUI, regardless if you took a Breathalyzer test or not, you will need the help of a qualified Rhode Island criminal defense attorney.  An attorney who is skilled and experienced can make all the difference.

Even if you are a first-time offender, the penalties can be quite severe. Fines can be upwards of $500 and you may license suspended for up to 18 months. You may be sentenced up to one year in jail and be required to pay a $500 assessment fee. You will be required to attend DUI driving school, partake in a drug abuse program, be compelled to acquire expensive SR-22 insurance for the next three years and perform up to 60 hours of public service.

A Rhode Island DUI conviction often results in serious consequences. Some consequences may include loss of employment, higher long-term insurance rates, and a criminal record.