Providence DUI Breath Test Lawyer
In Rhode Island, all motorists who drive are required to submit to a chemical test at request of a law enforcement officer. A police officer may make this request, after having a legal reason to stop your vehicle, and if there are a reasonable grounds to believe that you were operating a motor vehicle while under the influence of alcohol and/or drugs.
What is a Chemical Test?
A chemical test in Rhode Island consists of one test for alcohol and one test for drugs (if needed). The test for alcohol can be down through two breath samples into a machine called an intoxilzyer or through a blood draw at the hospital. A test for drugs is done at the hospital through blood.
Breath results are required to be mailed to motorists within days and blood results must be mailed within thirty days. This is required under RIGL 31-27-2.
Refusal to Submit a Chemical Test
A motorist in Rhode Island is able to refuse or decline to take a chemical test. If you refuse a chemical test, you will be charged with refusal to submit to a chemical test and given a ticket with a date to appear at the Rhode Island Traffic Tribunal.
At that first court date, a Judge or Magistrate at RITT will review the paperwork (the sworn report) and determine whether or not a preliminary suspension will enter. A preliminary suspension usually enters, but your Providence criminal defense attorney can argue against a preliminary suspension.
If a preliminary suspension is granted, then you may have the option to ask the court for a hardship license. This license allows you to drive for a restricted period of time in the vehicle in which the interlock device is installed.
After the first court date, your refusal case will be assigned a new pretrial court date. This is a date in addition to your dates for the DUI charge which are held in District Court.
So, you will be fighting two different charges in two different courts. The refusal penalties range from 6 months and more, community service, DUI school and/or alcohol treatment, fines and penalties that equal $800 or more.
Why You Should Hire a Providence Chemical Test Refusal Lawyer
It is so important that with so much going on that you hire an experienced Providence DUI lawyer. Hire the best DUI lawyer in Rhode Island you can find. The Law Offices of Stefanie A. Murphy specializes in DUI and refusal defense and can help walk you through this complicated process. Contact us today to learn more.