When a law enforcement official suspects a person of DUI (driving under the influence) in the state of Rhode Island, they will most likely ask the person to submit to a chemical test. Under Rhode Island law, a person is required to submit to a chemical test when requested by police. This is the "implied consent law." A person may refuse to submit to chemical test, and then he/she will be charged with refusal to submit to a chemical test.
A chemical test refers to a breath or blood test. A breath test is administered by use of a Breathalyzer machine in which a person blows into a device that will measure their breath/alcohol ratio. A person's breath/alcohol ratio is said to be almost identical to their blood/alcohol ratio. A chemical test is conducted at the police station, whereas, a blood test is conducted at a hospital. Both tests occur after a person has been arrested for drunk driving. Police often request motorists submit to a blood test if police believe the motorist is under the influence of drugs rather than alcohol.
A PBT (preliminary breath test) is a chemical test that is administered at the scene of the motor vehicle stop. Police officers may ask a motorist to submit to a PBT. The results of a PBT are used as further evidence by police to determine if they should arrest the motorist for drunk driving. A person may refuse to submit to a PBT. Refusal submit to a PBT is a traffic violation and punishable by an $85.00 fine.
First Offense Refusal
Second Offense Refusal
Third Offense Refusal
Please contact the Law Offices of Robert H. Humphrey immediately if you or a loved one has been charged with drunk driving and refusal to submit to a chemical test. DUI Attorney Robert H. Humphrey has authored several articles published in the Rhode Island Bar Journal on both drunk driving and refusal to submit to chemical test cases.
Please contact Rhode Island DUI attorney Robert H. Humphrey today to schedule a free case consultation!