If law enforcement pulls you over for a suspected DUI (Driving Under the Influence), you might wonder what your rights are, if you can refuse to submit to chemical testing, and what happens if you do.
Implied consent
In Rhode Island, as in many other states, by obtaining a driver’s license and driving on state roads, you implicitly agree to submit to chemical testing (breath, blood or urine) if a police officer has reasonable grounds to believe that you are driving under the influence of alcohol or drugs.
Refusing to test
But what happens if you refuse to test? If you refuse to submit to a chemical test when pulled over for a DUI, you can face serious consequences. For example, refusing to take a breath test can lead to license suspension, increased penalties if you are charged with a DUI and civil penalties.
When can you refuse testing?
While the law requires all Rhode Island drivers to submit to testing, in specific scenarios, you might be able to refuse without facing severe immediate penalties. However, these situations are rare, and you should speak to an experienced attorney and counselor to discuss them in more detail.
If you suffer from a medical condition that prevents you from taking a breath test, you may have legal grounds to refuse. However, you must be able to prove this with evidence. Again, this is a very rare scenario.
If the police officer who conducts the stop does not have reasonable suspicion or probable cause to believe you are under the influence of alcohol or drugs, you can challenge the legality of the stop and any subsequent testing.
If you are unsure of your legal rights during a stop, you can express your desire to speak with an attorney before submitting to testing. However, this may not prevent the penalties for refusing to submit to testing. Keep in mind that some tests are time-sensitive.
What to do if the police pull you over
If law enforcement pulls you over for a suspected DUI, it is critical to remain calm and polite. Know that while you have the right to refuse testing, doing so can lead to severe consequences.
If you are charged with DUI or face penalties for refusing testing, seeking legal counsel immediately is essential. An experienced DUI attorney can help you get through the complexities of your case and explore potential defenses.