Home  >  Practice Areas  >  Breathalyzer Refusal

Rhode Island Chemical Test Refusal Laws and Penalties

RI Chemical Test Refusals are treated very seriously by the prosecutors and courts and could lead to harsh penalties including long license suspensions, fines, fees, community service, DUI driver retraining and for subsequent offenses jail and criminal convictions. RI Chemical Test Refusal defense lawyer Matthew Marin devotes the majority of his Rhode Island DUI practice to representing individuals charged with drunk driving, breathalyzer and chemical test refusal related offenses. Chemical Test Refusal offenses relate to Breathalyzer tests, blood tests and urine tests. Rhode Island drunk driving lawyer Matthew Marin owns an Intoxilzer 5000 breath-testing device and is currently a trained and certified breath-testing technician on this machine.

Penalties

First offense (1st) Chemical Test Refusal in Rhode Island

  • Civil offense,
  • Fine of $200 up to $500,
  • 10 to 60 hours community service,
  • 6-12 month license suspension for a RI licensee or loss of right to drive in RI for an out of state licensee.
  • DWI driver training course and/or alcohol/drug treatment
  • SR-22 Insurance for 3 year period,
  • license reinstatement fee,
  • $200 assessment for chemical testing programs,
  • $500 highway assessment fee.

Second offense (2nd) Chemical Test Refusal in Rhode Island (convicted of 2nd offense within 5 years period)

  • Misdemeanor criminal offense,
  • Imprisonment up to 6 months;
  • Fine from $600 to $1,000,
  • 60-100 hours community service,
  • 1 to 2 years loss of license if Rhode Island licensee or loss of right to drive in RI if out of state licensee,
  • Alcohol and/or drug treatment.
  • $200 assessment for chemical testing programs,
  • $500 highway assessment fee.
  • SR-22 insurance requirement.

Third offense (3rd) Chemical Test Refusal in Rhode Island (convicted of 3 offenses within 5 years period)

  • Misdemeanor criminal offense,
  • Imprisonment up to 12 months;
  • Fine from $800 to $1,000,
  • 100 hours community service,
  • 2 to 5 years license loss if Rhode Island licensee or loss of right to drive in RI if out of state licensee,
  • Alcohol and/or drug treatment.
  • $200 assessment for chemical testing programs,
  • $500 highway assessment fee.
  • SR-22 insurance requirement.
  • If 3 offenses in 3 year period, a hearing held before a judge prior to reinstatement where the judge will look at driving record, employment, family background and other pertinent factors prior to approving reinstatement.

RI Chemical Test Refusal Statute 31-27-2.1

An operator of a vehicle in RI shall be deemed to have consented to submitting to a chemical test by either providing a sample of breath, blood and/or urine. This statute allows for 2 complete chemical tests to be performed, one for the presence of alcohol and the other for the presence of drugs. Rhode Island law enforcement shall administer these chemical tests only upon having reasonable grounds to believe the operator is under the influence of alcohol and/or drugs. The Department of Health is authorized by statute to regulate the methods and protocols of chemical test analysis as well as to certify the machines and operators.

A person may file paperwork with the Rhode Island Division of Motor Vehicles stating reasons, whether medical or religious, why they cannot submit to blood test and this exclusion shall be noted on their license. If requested to submit to a chemical test, the operator shall only be asked to submit a breath or urine sample.

If a person is asked to provide a blood sample for chemical analysis, the blood shall only be drawn from physician, Registered Nurse or certified medical technician. The person being tested for chemical analysis shall be informed by law enforcement of his right o have an independent person examine him and/or administer additional chemical tests. If a person under arrest refuses to submit to a chemical test then none shall be given. Please note changes to this law for DUI cases resulting in death and/or serious bodily injury.

The law enforcement officer shall provide a report to a district court judge or traffic tribunal judge which states his reasonable grounds as to his belief the operator was under the influence of alcohol and/or drugs. The officer must also state the operator was advised of his statutory rights pertaining to a chemical test as well as the consequences for refusing to submit to the chemical test. Upon receiving this information, the judge shall issue a preliminary license or right to drive suspension and that person’s Rhode Island license must be turned in to operator control within 5 days.

5 questions regarding your Rhode Island Chemical Test Refusal Charge

1. Was the initial stop by the police legal under search and seizure analysis?

Chemical Test Refusal Charges can be won if the initial stop conducted by police lacked a proper Constitutional basis. RI Chemical Test Refusal lawyer Matthew Marin has successfully challenged stops by police outside of their jurisdiction which occurs when police from one town conduct a traffic stop in another town. RI breathalyzer refusal lawyer Matthew Marin also has significant experience challenging the legality of police stops when they are responding to a 911 tip or anonymous caller.

2. Did the Rhode Island law enforcement officer have reasonable grounds to request you submit to a chemical test?

When the RI police are conducting a possible DUI investigation, they can rely on a number of factors in drawing an opinion that someone is under the influence of alcohol and/or drugs. The Rhode Island police academy provides specific drunk driving (DUI, DWI) investigative training over a week long course. The RI police are trained to make observations of signs of an impaired driver in three separate stages of the DUI investigation.

Stage 1 Vehicle in Motion

RI police are trained to look for certain signs of an impaired driver by the way the car is being driven. Weaving, breaking erratically, wide turns, driving too slow are just some of the signs police are trained to look for. The operation of the driver will be very relevant in determining whether the officer has reasonable grounds to even ask you to submit to a chemical test.

Stage 2 Initial Contact

This occurs generally when the RI officer comes up to your car window and asks you for your license and registration. Does he observe an odor of an alcoholic beverage, slurred speech, flushed face, bloodshot glassy eyes, disheveled appearance? Does the operator appear to be confused or have trouble retrieving the requested items? These observations or lack of them will go to the officer’s request for a breathalyzer, blood or urine chemical test.

Stage 3 Roadside Testing

This is where field sobriety tests are usually performed. These may be the HGN (Horizontal Gaze Nystagmus, Walk and Turn Test and One Leg Stand Test. The officer also may request the operator submit to a hand held breathalyzer test.

3. Did the officer advise you of your right to an independent physical examination and afford you a reasonable opportunity to exercise this right?

An individual under arrest in Rhode Island for a suspected DUI offense must be informed of his statutory right to having an independent physical examination and/or administration of chemical tests by a physical of his own choosing. In practical terms, a person arrested for drunk driving in Rhode Island who is being asked to submit to a breathalyzer test, blood test and/or urine test by the police have a right to go to the hospital or see their doctor for an independent examination.

4. If you are charged with a second or third chemical test refusal charge, do the priors meet the time standard?

The statutory language for the chemical test refusal statute criminalizes a second or third chemical test refusal conviction within a 5 years period. A skilled Rhode Island Chemical Test or breathalyzer refusal lawyer will properly investigate your prior chemical test refusal contacts to determine if the charge is proper.

Rhode Island Traffic Tribunal

First offense Chemical Test Refusal charges are heard at the Rhode Island Traffic Tribunal. Depending on the location of the offense, your arraignment will be held at either the Cranston Rhode Island Traffic Tribunal or the Wakefield Rhode Island Traffic Tribunal.

Wakefield RI Traffic Tribunal:
4800 Tower Hill Road
Wakefield, RI

Cranston RI Traffic Tribunal
670 New London Avenue
Cranston, RI

Second, Third and Subsequent Chemical Test Refusal Charges are prosecuted by the Rhode Island Attorney General’s Office and will generally be in the criminal court in which the DUI charge is being heard.

Newport District Court

Jurisdiction of second and third chemical test or breathalyzer refusal charges from police department in Newport, Middletown, Jamestown, Tiverton, Portsmouth and Little Compton.

Wakefield District Court

Jurisdiction of second and third chemical test or breathalyzer refusals from police departments in South Kingstown, North Kingstown, Hopkinton, Westerly, Narragansett, Exeter, Charlestown, Richmond and New Shoreham.

Kent District Court

Breathalyzer and chemical test refusal criminal subsequent charges for the following departments: Warwick, Cranston, Coventry, East Greenwich, Foster, West Greenwich, Scituate and Johnston.

Providence District Court

Chemical Test Refusal criminal charges for the following departments: Providence, Barrington, Bristol, Glocester, Smithfield, Warren, North Providence, Burrillville, Central Falls, Pawtucket, Woonsocket, Warren, Cumberland, East Providence and Lincoln.