Refusing a breathalyzer in Rhode Island triggers implied consent penalties under R.I. Gen. Laws § 31-27-2.1. A first refusal is a civil violation with a license suspension of 6 months to 1 year, a fine of $200 to $500, and 10 to 60 hours of community service. A second refusal within 10 years is a misdemeanor with up to 6 months in jail, a $600 to $1,000 fine, and a 1 to 2 year suspension. A third within 10 years carries up to 1 year, an $800 to $1,000 fine, and a 2 to 5 year suspension. Every refusal also adds a $500 highway assessment and a $200 Department of Health assessment. The refusal case is heard at the Rhode Island Traffic Tribunal, separate from any DUI case, and the refusal generally cannot be used against you at the DUI trial unless you testify.
