Breathalyzer refusal in Rhode Island

Anyone who drives in Rhode Island is deemed to have consented to chemical tests of breath, blood, saliva, or urine. An officer with reasonable grounds to believe you were driving under the influence can request up to two complete tests: one for alcohol and one for drugs.

If you refuse after arrest, no test is given, and a refusal charge follows. To sustain it, the court must find that you were told the penalties in the implied consent notice and your right to an independent physician's exam.

The Traffic Tribunal has exclusive jurisdiction over a first refusal. It is not a crime and carries no jail, but the penalties are real: a $200 to $500 fine, 10 to 60 hours of community service, a DWI course or treatment, and a 6-month to 1-year suspension.

Every refusal also carries a $500 highway safety assessment and a $200 Department of Health assessment. None of the penalties can be suspended.

A second or later refusal of a breath or urine test within 10 years is a misdemeanor, heard only in District Court. The 10-year lookback applies to offenses on or after July 1, 2025. A prior DUI counts as a prior when the suspension length is set.

Blood test refusals are different. Refusing blood stays a civil Traffic Tribunal case no matter how many priors you have, although the fines and suspensions increase.

Repeat refusals require alcohol or drug treatment and an interlock order. On request, a first refusal suspension can be cut to a 30-day minimum plus 6 months to 2 years of interlock and/or testing. A second breath or urine refusal can drop to 60 days plus 1 to 4 years, and a third to 90 days plus 2 to 10 years.

For a first refusal in an alcohol-only case, the magistrate must grant a conditional hardship license on request, after a finding of need and proof that an interlock is installed.

At your first appearance, the magistrate reviews the police reports for reasonable grounds and checks that you were told the penalties and the implied consent notice. If so, the magistrate orders your license suspended right away, subject to the hardship rules.

You can admit the charge or ask for a trial, where the state must prove the refusal by clear and convincing evidence. The judge must find reasonable grounds, a refusal while under arrest, notice of your right to an independent exam, and notice of the penalties.

If you lose, you can appeal to a three-member appeals panel within 10 days, and then to the District Court within another 10 days.

The quick breath test at the roadside is a different test. Under R.I. Gen. Laws § 31-27-2.3, its result helps the officer decide whether to arrest, but it cannot be used as evidence in the DUI or refusal case except to show probable cause for the arrest.

Refusing it is a separate infraction with a $100 fine. A medical condition that prevented the test is a defense.

Refusal and DUI are separate cases, and one stop can lead to both. The DUI is heard in District Court even when the refusal is in the Traffic Tribunal.

At a DUI trial, the refusal is not admissible unless you choose to testify. The state can still try to prove the DUI with other evidence, and a first offense with no test result falls in the 0.10 to under 0.15 penalty tier. A sustained refusal also counts as a prior when a later DUI suspension is set.