After a long day on the job, it is only natural that you want to go to your favorite bar for a drink or two. However, what happens if on your way home you are pulled over by police and asked to perform a breath test. Worse still, what if the test shows you are legally intoxicated? Will you lose your license? Unfortunately, the answer may be “yes.”
DWI and license suspension
Under Rhode Island law, if it is your first DWI offense and your BAC is between 0.08 and 0.1, your license will be suspended for 30 to 180 days. If your BAC is between 0.1 and 0.15 or your BAC is unknown, your license will be suspended for 3 to 12 months. If your BAC is above 0.15, your license will be suspended for 3 to 18 months.
If it is your second DWI offense within 5 years and your BAC is 0.08 to 0.15 or unknown, your license will be suspended for 1 to 2 years. If your BAC is 0.15 or more, your license will be suspended for 2 years.
If it is your third or subsequent DWI and your BAC is 0.08 to 0.15 or unknown, your license will be suspended for 2 to 3 years. If it is your third or subsequent offense or if your BAC is 0.015 or higher, your license will be suspended for 3 years.
Right of refusal
You have the right to refuse a breath test when requested to perform one by police. However, doing so has consequences. If you decline to perform a lawful breath test, your license will be suspended for 6 months to 1 year for a first offense and 1 to 2 years for a second offense. If it is your third or subsequent violation, your license will be suspended for 2 to 5 years.
You can fight a license suspension
If you are facing a license suspension due to a DWI, do not lose hope. You may be able to contest your DWI. The police must have a viable reason for pulling you over, and the breath test instrument must be calibrated and operated correctly. If these factors are missing, you may be able to contest your DWI and keep your license.