What happens when you refuse a chemical test in Rhode Island?
Drivers have the right to refuse any form of blood alcohol concentration (BAC) or chemical testing in Rhode Island. However, there are consequences:
- The refusal will result in mandatory suspension of your driver's license
- The refusal itself may be charged as a separate crime
- Your refusal could be used against you in trial to show consciousness of guilt—however your refusal prevents the prosecution from introducing the evidence of your blood alcohol level in trial
When you are arrested for DUI, you do not have the right to consult with an attorney before deciding to take a chemical test and if so, what type—breath, blood, or urine. Each time a driver refuses a breath test in Rhode Island, the severity of the punishment grows in scale.
Other penalties associated with this DUI conviction include:
- Jail time—subsequent offenses makes this a misdemeanor charge
- Community service
- Highway safety assessment
- Mandatory enrollment in driving safety courses
- Mandatory enrollment in alcohol and drug treatment programs
Tiverton DUI defense lawyers providing the help you need
If you have been arrested for DUI and refused to take a Breathalyzer test, blood, or urine test, contact the Law Offices of Richard S. Humphrey immediately. The sooner we can act, the more effective we can be in protecting your legal rights during BAC testing and throughout the arrest.