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Failed the Breathalyzer in Rhode Island? What you need to know now!

Q. If I failed the breathalyzer and was charged with a DUI, how long will I lose my license?

A. First, it is important to realize you will only lose your license if you lose your case. RI DUI breathalyzer lawyer Matthew Marin has fought and won DUI cases with failed breathalyzer readings including Blood Alcohol Content levels over the twice the legal limit. If you plead guilty or are found guilty after trial, you will lose you license for the following period of time:

  • DUI 1st: BAC above .15% license loss up to 18 months, Below .15% license loss up to 12 months.
  • DUI 2nd Offense: BAC above .15% license loss for 2 years following completion of your sentence, BAC below .15% 1-2 years..
  • DUI 3rd Offense: BAC above .15% 3 years loss of license, BAC below .15% 2-3 years loss of license.

Q. I failed the breathalyzer and was charged with a DUI in Rhode Island, can I still drive?

A. As of 4/2011, failing a breathalyzer test in Rhode Island does not automatically trigger a license suspension. A judge may restrict a person’s right to drive as a bail condition but there is no statutory automatic preliminary license loss for failing the breath test. It is important to note that being ultimately convicted for the DUI will result in a definite period of license loss. Because a conviction means a loss of your license, it is highly important to consult with a skilled RI DUI defense lawyer who has an in-depth understanding of the laws, penalties and rules and can properly review your case and fight on your behalf. Rhode Island drunk driving lawyer Matthew Marin is a certified breathalyzer technician having trained on the Intoxilyzer 5000.

Q. I failed the breathalyzer test, does that mean I can’t win my DUI case?

A. Breath Testing evidence is extremely important in a RI drunk driving case as it can result in your conviction regardless of the other evidence. The RI Department of Health maintains the rules and protocols for breath testing analysis. RI drunk driving lawyer Matthew Marin has successfully challenged the admissibility and reliability of breathalyzer evidence in courts throughout Rhode Island. For a list of Rhode Island DUI wins by Attorney Marin with failed breathalyzer readings that resulted in a dismissal or Not Guilty, click on the “recent wins” link.

Q. I failed the breathalyzer test in RI with readings above .15% Blood Alcohol Content (BAC), what does that mean?

A. Rhode Island DUI statutes provide for enhanced penalties for drunk driving cases with readings above .15% BAC. Specifically, for a 1st offense, the license loss period goes from 12 months to 18 months and for 2nd and 3rd offenses, the penalties include a substantially longer mandatory period of license loss and incarceration for above .15% BAC readings.

Q. Prior to submitting to the Breathalyzer test, I used my inhaler to help me provide an adequate breath sample. Does this matter?

A. Certain inhalers use a solution that contains a percentage of alcohol. When a person provides a breath sample as part of the breathalyzer chemical test, the breath testing machine, Intoxilyzer 5000, is analyzing the alcohol contained in your lung air. By introducing an alcohol based asthma solution prior to providing the breath sample, the machine will produce elevated readings not accurate to your true blood alcohol content.

Rhode Island Breathalyzer Defense Lawyer Matthew Marin is a skilled and aggressive DUI lawyer with significant training and experience defending drunk driving cases with breathalyzer evidence. RI DUI lawyer Matthew Marin has been trained and certified on breathalyzer equipment, has lectured to the RI criminal defense bar on how to try and win DUI cases with breathalyzer readings and has achieved acquittals throughout RI on behalf of clients charged with DUI’s where they failed the breathalyzer test.