Yes, but refusing a breathalyzer on a first-time DUI in Rhode Island triggers implied consent penalties: a license suspension of 6 months to 1 year, a separate civil charge with fines from $200 to $500, 10 to 60 hours of community service, and $700 in assessments. The refusal generally cannot be used against you at the DUI trial unless you testify. Whether to refuse depends on the circumstances, your BAC at the time, and your prior record. Many defense lawyers advise calling counsel from the police station before deciding. Refusing eliminates per se BAC evidence but introduces a parallel civil charge at the Traffic Tribunal and a suspension that runs independently of the DUI case.
