Powderly Gets Results
  • Drunk Driving 1st Offense
  • Result: Dismissed
  • DUI BAC above .08%
  • Result: Not Guilty
  • Drunk Driving 2nd Offense
  • Result: Dismissed
  • Breath Test Refusal 2nd Offense
  • Result: Not Guilty
  • Drunk Driving Breathalyzer .10%-.15%
  • Result: Dismissed
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Home  >  Articles  >  Consequences of a Breathalyzer Refusal

Consequences of a Breathalyzer Refusal

In Rhode Island, if you refuse to take a breathalyzer test when pulled over on suspicion of drunk driving you can be charged with “breathalyzer refusal.” Many people are not aware that there is an option to refuse a breathalyzer test.

The offenses for refusing a breathalyzer test become increasingly severe with each additional time the action is taken, but for many people, facing a possible criminal charge is much worse. To find out more about breathalyzer refusal, contact experienced Rhode Island DUI defense attorney James Powderly at 401-662-9006 today.

The Consequences of Breathalyzer Refusal

If you are charged with first offense breathalyzer test refusal, you may face:

  • $200-$500 in fines
  • Community service for 10-60 hours
  • Suspended license six months to one year
  • A Highway Safety Assessment and possible enrollment in a driving school and/or alcohol treatment program
  • Paying a $200 fee to support the department of health’s chemical testing programs

If you are charged with a third offense breathalyzer refusal within five years, you may face:

  • $800-$1,000 in fines
  • Suspended license for 1-2 years
  • 60-100 hours of community service
  • Mandatory alcohol or drug treatment
  • A Highway Safety Assessment
  • A $200 fee to support the department of health’s chemical testing program

The best way to figure out your options after refusing a breathalyzer is to contact an experienced DUI defense attorney.

Contact Us

To find out more about breathalyzer refusal, contact Rhode Island DUI defense attorney James Powderly at 401-662-9006 today.