Nothing is worse if, after an enjoyable happy hour or house party, you are pulled over by police and asked to perform a breath test. Must you comply with police and perform the breath test even if you do not want to? You can choose to refuse a breath test, but first it is good to understand Rhode Island implied consent laws.
Implied consent in Rhode Island
Rhode Island has implied consent laws. As part of the privilege of driving in the state, you implicitly and legally agree to perform a breath test if asked to by police. You can refuse a breath test. However, there are consequences for doing so.
If it is your first refusal, you can be fined between $200 and $500, you must perform 10 to 60 hours of community service, and your driver’s license may be suspended for six months to a year.
If it is your second refusal, you can be imprisoned for up to six months and fined $600 to $1,000. You may be ordered to perform 60 to 100 hours of community service, and your driver’s license may be suspended for one to two years.
If it is your third or subsequent refusal, you can be imprisoned for up to one year and fined $800 to $1,000. You may be ordered to perform at least 100 hours of community service and your driver’s license may be suspended for two to five years.
Proving breath test refusal
These consequences may seem grim, but do not lose hope. If you challenge your breath test refusal in court, it is up to the prosecution to prove four elements before you can be penalized for refusal.
First, the prosecution must prove the officer had reasonable grounds to believe you were drunk driving. Second, the prosecution must prove that, while under arrest, the officer asked you to perform a breath test and you refused.
Third, the prosecution must prove that you were informed of your rights, such as the right to a physician. Fourth, the prosecution must prove that you were informed of the consequences of breath test refusal.
As this shows, you can refuse a breath test and protect your interests in court. An attorney can advise you further on Rhode Island drunk driving laws and how they apply to your situation.