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Penalties For Refusing A Chemical Test in Rhode Island

Rhode Island Penalties For Refusing A Chemical Test

In Rhode Island every licensed driver has given his/her consent to submit to a chemical test at the request of a police officer if the officer reasonably suspects the driver of operating a motor vehicle under the influence of alcohol and/or drugs.  This is known as Rhode Island’s implied consent law.

If a police officer asks you to submit to a chemical test (usually a breathalyzer) you do not have to take the test.  In fact, frequently, refusing to take the test is the smarter decision.

However, if you elect to ‘refuse’ to take the chemical test, there are penalties for doing so.  You will be charged with “Refusal of a Chemical Test” in violation of Rhode Island General Laws § 31-27-2.1.

A charge of “Refusal of a Chemical Test” is a civil infraction that is adjudicated just like any other traffic ticket at the Rhode Island Traffic Tribunal.  In other words, it is just a traffic ticket.  It is the mother ship of all traffic tickets, but nonetheless, just a traffic ticket.

The penalties for “Refusal of a Chemical Test” include the following:

1ST VIOLATION

1.  6 month  to 12 month license suspension

 

2.  10 to 60 hours of community service

 

3.  Fines between $200 and $500

 

5.  Costs and Assessments

 

6.  Driver Retraining School

2nd VIOLATION WITHIN 5 YEARS

1.  Up to 6 months in prison

 

2.  1 to 2 year license suspension

 

3.  60 to 100 hours of community service

 

3.  Fines between $600 and $1,000

 

5.  Costs and Assessments

 

6.  Mandatory substance abuse treatment

3rd VIOLATION WITHIN 5 YEARS

1.  Up to 1 year in prison

 

2.  2 to 5 year license suspension

 

3.  No less than 100 hours of community service

 

3.  Fines between $800 and $1,000

 

5.  Costs and Assessments

 

6.  Mandatory substance abuse treatment


If you refused to take a breathalyzer test, contact a DUI/DWI defense attorney Michael J. Robinson at Sayer Regan & Thayer, LLP.  As an experienced DUI/DWI defense lawyer, attorney Robinson has successfully represented thousands of clients who have been charged with DUI/DWI and Refusal of a Chemical Test.

Contact Rhode Island DUI/DWI Lawyer

If you have been arrested on DUI/DWI charges, please contact a DUI/DWI defense attorney Michael J. Robinson at Sayer Regan & Thayer, LLP for a free initial consultation at (401) 849-3040. Attorney Michael J. Robinson is committed to protecting your rights, preserving your freedom, and helping you avoid a DUI criminal conviction.


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Sayer Regan & Thayer LLP
130 Bellevue Avenue, Unit 2
Newport, RI 02840
Phone: (401) 849-3040
Fax: (401) 849-4330
Toll Free: (866) 378-5836
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South County Office
343 Main St # C Wakefield, RI 02879
Phone: (401) 789-1616
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