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Breath Test Refusal Archives

What Happens If You Refuse A Blood Or Breath Test In Rhode Island?

Almost everyone understands the dangers of driving while under the influence. If you are under the influence of either drugs or alcohol, you have markedly impaired reaction times behind the wheel and can put other people on the road, including the other people in your car, in grave danger. For this reason, there is a strict blood alcohol content limit of 0.08 for people behind the wheel. If you test over this limit while operating a motor vehicle, will be charged with driving under the influence. People who are suspected of driving while under the influence are often tested either via breathalyzer, urine test, or blood test to determine a person's BAC level. What happens if people refuse to take these tests in Rhode Island?

Can a police officer arrest a driver with a BAC below .08?

Every year, thousands of drivers in Rhode Island are arrested for having a blood alcohol content that is above the legal limit of .08. For those who are convicted of DUI, we've previously discussed the many fines and penalties they face. Less discussed and clear are the laws surrounding buzzed driving and drivers who register BACs of less than .08.

Penalties associated with breath test refusal now clearer

Upon being pulled over for suspicion of drunk driving in Rhode Island, a police office must provide an individual with information that pertains to his or her rights. Commonly referred to as the rights of use forms, the contents therein provide crucial information related to penalties associated with a DUI conviction and refusal of a breath test that may ultimately determine an individual's future.

What is at stake in breath test refusal cases?

As is the case in other states, the law in Rhode Island presumes that, if you have a driver's license, then you have already given consent to breath, blood or urine tests for the purpose of determining whether or not you are driving under the influence. Refusing a chemical test can therefore result in penalties also handed down for DUI convictions.

Rhode Island man charged with breath test refusal and DUI

A man in Rhode Island is facing multiple charges following a car crash that occurred near the middle of May. This individual is accused of DUI, breath test refusal and driving recklessly. As each of these offenses are considered serious, a strategic criminal defense may be of benefit to his situation.

Mistake with paperwork could lead to dismissed DUI charges

Dozens of drunk driving cases in the state of Rhode Island are being challenged due to incorrect paperwork at police stations that fail to adequately inform the accused of their rights as DUI defendants. The form in question is called "rights for use at station," and the accused individual uses the form to know what his or her rights are. However, on New Year's Day, new laws went into affect, and some of them dealt with the rights of DUI defendants -- and these rights are not listed on these "rights for use at station" forms.

Did you fail a breath test? Here's how to challenge it.

We have devoted a few blog posts in recent months to discussing implied consent laws in Rhode Island and explaining why submitting to a breath test is in your best interests. However, the reason most people consider refusing a breath test is because they are worried about what the reading will show. So what happens if you take a breath test and fail?

The financial implications of a chemical test refusal in RI

When police here in Rhode Island make a DUI arrest, they generally will request that the arrestee take a chemical test regarding their blood alcohol level, such as a breath test, a blood test or a urine test. Now, an arrestee could refuse to undergo such a test, but doing so could have some significant negative consequences for them. This is because, under Rhode Island law, administrative penalties can be issued against drivers who refuse a reasonable chemical test request.

Take a breath (literally) in the wake of a DUI

Let's say that you get behind the wheel of a car after you've had a few too many drinks. You shouldn't make this decision under any circumstance -- but you do it anyway. As you are driving home, the police pull you over because you were swerving all over the road. You instantly begin thinking of ways to get out of what you assume will be a DUI, and you quickly land on your strategy: you'll just refuse the breath test. Simple, easy, and it can't fail.

Refusing a breath test is not a good strategy

It is very easy to just assume that rejecting a breath test that an officer commands you to take is the best way to defend yourself against a DUI charge. At the very least, it will slow the police down -- or so the thought goes. However, refusing a breath test actually comes with more risks than supposed rewards. Allow us to demonstrate why.

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