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.
What is 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.
What is a PBT?
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
- Civil violation;
- $200.00 - $500.00 fine;
- Ten (10) to sixty (60) hours community service;
- Six (6) to twelve (12) months loss of license;
- Participation in DUI School or alcohol counseling; and
Second Offense Refusal
- Up to six (6) months imprisonment;
- $600.00 to $1,000.00 fine;
- Sixty (60) to one hundred (100) hours community service;
- One (1) to two (2) years loss of license;
- Alcohol counseling; and
Third Offense Refusal
- Up to one (1) year imprisonment;
- $800.00 to $1,000.00 fine;
- Not less than one hundred (100) hours community service;
- Two (2) to five (5) years loss of license;
- Alcohol counseling; and
DUI Defense Attorney in Rhode Island
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!
"Thank you for the wonderful way you handled my Westerly DUI case. I was very scared when I was charged with a DUI with readings over .15. However, I knew you were the right man for the job when you picked up the phone on a Sunday and put my mind at ease. Thank you so much for everything you did for me!"