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When to Refuse a Breathalyzer

When an individual is pulled over on the suspicion of drunk driving, the officer who pulls the individual over may ask him or her to take a breathalyzer test. The driver of the vehicle has the right to refuse the breathalyzer test, though he or she may face consequences as a result. Regardless of the consequences, some individuals are better off refusing a breathalyzer.

If you or someone you love was recently charged with breathalyzer refusal, our law offices may be able to help. Contact the Rhode Island DUI defense lawyer Matthew Marin at 401-287-4384.

Bright Line Rules

Bright line rules are specific conditions that determine whether an individual should or should not refuse the breathalyzer. If an individual meets the bright line rules, then he or she should generally refuse the breathalyzer unless absolutely certain that he or she can pass the breathalyzer test.

The bright line rules to refuse a breathalyzer apply if:

  • You injured someone in a car accident
  • You are a public official, teacher, or other professional for whom reputation is important
  • You have been convicted of a criminal DUI within the past 5 years

Though individuals who refuse may still face charges, it may be more difficult convict them of drunk driving without empirical evidence. If you have any questions about your rights or options after being pulled over or charged with DWI, it is very important to contact a knowledgeable Rhode Island drunk driving defense lawyer.

Contact Us

The Rhode Island DUI defense attorney Matthew Marin may be able to help you if you refused to take a breathalyzer test after being pulled over on suspicion of drunk driving. Contact him today at 401-287-4384 for more information about your legal rights.