Breathalyzer Refusal Attorney in Rhode Island
Rhode Island has strict laws and severe punishments for DUI and breathalyzer test refusals. In 2006, the General Assembly passed a bill with much harsher penalties for refusing chemical testing in the state. Due to the recent changes in legislation individual rights regarding refusals can be misunderstood and misconstrued. Having an experienced DUI attorney who is well-versed in Rhode Island’s breathalyzer refusal laws is vital to the outcome of your case. Rhode Island Breathalyzer Refusal Lawyer Chad Bank is known for his aggressive and effective defense when representing clients charged with this crime.
DUI charges are common in the state of Rhode Island and sometimes carry severe penalties. Additionally refusing a breathalyzer test also carries criminal penalties in Rhode Island. Breathalyzer refusals can assign:
- up to twelve months of a suspended license
- DUI educational courses
- community service
- and fines
The sooner you contact an experienced Providence DUI Lawyer the higher your potential for successful results will be.
There are three major offense categories for Breathalyzer Test Refusals:
First Offense Breathalyzer Refusal
- Fined 200 to 500
- 10 to 60 hours of mandatory community service
- Suspended license six months to one year
- Highway Safety Assessment
- Enrollment in a driving school or alcohol treatment program
- 200 fee to the department of healths chemical testing programs
Second Offense Breathalyzer Test Refusal
- Fined 600 to 1000
- Suspended license 1 to 2 years
- 60 to 100 hours of mandatory community service
- Mandatory alcohol or drug treatment
- Highway Safety Assessment
- Enrollment in a driving school or alcohol treatment program
- 200 fee to the department of healths chemical testing programs
Third Offense Breathalyzer Test Refusal
- Fined up to 1000
- Up to one year of imprisonment
- License suspension for 2 to 5 years
- 100 hours of mandatory community service
- Mandatory alcohol or drug treatment
- Reinstatement Hearing
- Highway Safety Assessment
- Enrollment in a driving school or alcohol treatment program
- 200 fee to the department of health’s chemical testing programs
What Happens If I Refuse A Breathalyzer Test In Rhode Island?
If you refuse a breathalyzer test in Rhode Island there are a number of things that will occur right from the start. First your license will be suspended after the arraignment and prior to a hearing. Second chances of winning are relatively low as the state must only prove probable cause for arrest and reasonable suspicion that you were driving while intoxicated. The State of Rhode Island will then more than likely charge you of criminal DUI based purely off observation.
If you refuse the breathalyzer and lose the case you will lose your license for six to twelve months and acquire fines traffic school and community service. Auto insurance will also increase. However you will not receive a criminal conviction on your record unless you refuse the breathalyzer a second time. On the other hand if you take a breathalyzer test and fail it you will be charged with a criminal DUI but will only lose your license once convicted. Weighing the pros and cons of choosing to refuse a breathalyzer test or not is a tough choice to make. However, Rhode Island DUI Attorney Chad Bank has experience representing both types of clients successfully.
RI Criminal Defense Lawyer Chad Bank is committed to giving your Breathalyzer Refusal case the attention you deserve. Contact us today for a free consultation. Call Rhode Island Breathalyzer Refusal Defense Attorney Chad Bank now at 401-573-2265.