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What are Rhode Island implied consent laws?

It happens every day -- drivers are pulled over for suspicion of OUI. Drivers in Rhode Island, much like those in other states, are subject to implied consent laws when it comes to OUI testing. In this week's post, we are going to briefly cover implied consent laws and how they can affect you.

Motorists who are pulled over for suspicion of OUI are often asked to submit to field sobriety and Breathalyzer tests. Both of these tests can give officers an idea of impairment, and depending on the results, officers will either make an arrest or allow drivers to continue on their way. When drivers in Rhode Island apply for and receive a driver's license, they are covered by the state's implied consent laws. These laws state that Rhode Island drivers must agree to submit to chemical testing, which includes up to two blood, urine or breath tests in connection with an OUI arrest.

Even though all drivers with a current license are covered by implied consent laws when they get their license, there are those who do choose to refuse OUI testing. Individuals who choose to refuse chemical testing are at risk for an automatic license suspension among several other potential penalties. The length of suspension can vary on a case-by-case basis.

Ignoring implied consent laws and refusing chemical OUI testing can make challenging OUI charges in court more difficult. Regardless of whether Breathalyzer or other commonly used chemical tests are refused, the penalties for OUI convictions can be serious and have a dramatic impact on a person's daily life. A criminal defense attorney can help those accused of OUI navigate through Rhode Island court proceedings and work to achieve the best outcome possible for the situation at hand.

Source: FindLaw, "Implied Consent Laws", Dec. 1, 2014

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