What Happens If I Refuse A Breathalyzer Test In Rhode Island?

Being detained for a DUI is no joke. In Rhode Island, first-time offenders get charged with a misdemeanor. What’s more, the sole fact that you possess a driver’s license means that you are giving the police an implied consent to submit to a breathalyzer.

What happens after you receive a DUI in Rhode Island?

It depends on the facts of your case, but you may expect to go to an arraignment at a District Court. There, you will have to enter a plea of either guilty or not guilty. You will then be offered the option of having a bench trial or a jury trial. Work with an experienced DUI attorney to protect your rights and navigate this process in the best possible way.

At this point, there is a high probability that:

  • Your license will be taken away for a period of time
  • You will have to pay fees and assessments
  • You will have to do some mandatory community service
  • You will have to sit through a driver’s education program

What could you be facing as a result of a drunk driving charge?

The possible results of this charge could include:

  • Having to wear a SCRAM bracelet
  • Fines and penalties to pay
  • Up to one year of jail time to serve
  • Probation
  • Ignition Interlock device

The fines and penalties vary depending on whether this is your first DUI and for the subsequent ones. If you continue to be charged for driving drunk you may even end up losing your car. Also, these charges may remain in your record for five or more years, impacting the information that is included in a background check.

Do you have to agree to have a breathalyzer test if you are stopped while driving drunk?

To make an informed decision in this case, you need to know that if you refuse to take a breathalyzer test you will be facing immediate punishment. What kind of punishment? The first time you refuse a blood alcohol test carries a 180-day license suspension plus a fine that could be as high as $500. The second time you will face a one-year suspension of all driving privileges, about $1,000 in fines and, additionally, you will face the possibility of having to spend one year in jail. The third time, you face up to a five-year license suspension with possible jail time and a $1,000 fine.

Additionally, you should know that the mere act of refusing to take a breathalyzer test can decrease your chances of winning your case quite considerably. But if you do agree to take the test and fail it, you will be charged with a DUI.

Will you lose your license if you agree to the breathalyzer test?

Not necessarily. You will only lose your license if you are convicted of a criminal DUI. This means that you will still be allowed to drive while your case is taking place.

You need to have a competent lawyer by your side when you are facing a DUI charge and a breathalyzer refusal. Make your initial appointment today by going to bvbdefense.com in order to find a lawyer with whom you can discuss your case. The law regarding breathalyzer refusal is very complicated and there’s no need to travel this confusing maze on your own.

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