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Rhode Island DUI Attorney

When arrested for DUI, you are required to submit to a chemical test, which is often a breathalyzer test.  Many people call Rhode Island DUI attorneys for advice about whether or not to submit to the test.  The Law Offices of Richard S. Humphrey has more than two decades of experience advising and representing clients in DUI cases.

Whether you should refuse the chemical test greatly depends on the circumstances of your DUI, whether it is a repeat offense, and whether you previously refused a chemical test.  A Rhode Island DWI law firm takes into account the fact that chemical test refusal is a separate and additional offense, requiring the prosecution of two charges—DUI and test refusal.  Similar to DUI charges, penalties for test refusal escalate with each offense, and a refusal results in immediate license suspension.  Rhode Island has no provision for conditional or work driver’s licenses.

Chemical test refusal defenses

When a defendant refuses the chemical test, various defenses may be available to argue the case:

  • Right to consult an attorney.  Rights under RI General Laws § 12-7-20, when detained for drunk driving include—
    • The opportunity to call an attorney within one hour from the time of detention
    • The right to privacy during the call with the attorney to keep matters confidential
Violations of these rights may prevent a defendant from consulting a lawyer for legal advice about whether or not to submit to a chemical test.
  • Advisement of test refusal penalties.  RI General Laws § 31-27-2.1 gives the defendant the right to be advised of the penalties for refusing a chemical test.  Failure to read the rights or undue influence from a police officer to submit to a chemical test can be used as arguments that the refusal to submit was not voluntary.
  • Failure to advise right to independent physical examination.  RI General Laws § 31-27-2.1 provides the defendant with the right to an independent physical examination by a physician of his or her own choosing.  A violation of this right can be used to argue for case dismissal.

Rhode Island DUI Lawyer

Depending on the circumstances of your DUI, existing medical conditions you may have, and other facts relevant to your case, Tiverton dui attorneys can devise appropriate strategies and mount an effective defense.

Call 401.624.6152 for to discuss your DUI or right to refuse a chemical test with a Rhode Island DWI attorney.