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A chemical test refusal is serious charge and can have a tremendous impact on your reputation, your career and your future. If you have been charged with refusing a chemical test in Rhode Island, you are facing harsh penalties including substantial fines, a lengthy loss of license, community service, alcohol or drug counseling, increased insurance rates, and installation of an ignition interlock device.

Our experienced Rhode Island DUI attorneys can guide you through this complex and confusing area of law to ensure your rights are protected every step of the way. We take time to fully inform you of your legal options and work with you to create an aggressive defense. With the implementation of Rhode Island’s new DUI laws in 2015, it is crucial that you have a defense team who has a firm grasp of the changes and can help you navigate the process of obtaining a hardship license.

Reach out to our firm at (401) 375-9894 or fill out a free case evaluation today!

What Is a Chemical Test Refusal?

After being stopped by police for suspicion of DUI, most drivers are asked to complete a series of field sobriety tests (FSTs). Upon failing those field sobriety tests, police will then ask drivers to submit to a chemical test. This test can either be a breathalyzer or a blood test to test for the presence of alcohol and / or drugs in your system. If you refuse to submit to a chemical test, you will automatically be charged with a refusal. You will also be charged with DUI BAC Unknown.

If you have been accused of a chemical test refusal, contact our experienced Rhode Island breathalyzer refusal lawyers today. If you have questions on whether you should refuse a breathalyzer, do not hesitate to contact our office. Our attorneys are available to you 24/7.

What Are the Penalties for a Chemical Test Refusal?

Before you decide to refuse a breathalyzer or a blood test, you should be aware of the harsh penalties you will face upon conviction. The penalties for a breathalyzer and a blood test vary, as a blood test refusal may not be punished criminally, while a breathalyzer refusal can be punished criminally.

Breathalyzer Refusal Penalties in Rhode Island

First offense breathalyzer refusal

  • Civil offense
  • License suspension for 6 months to 1 year
  • Fine of $200 to $500
  • 10 to 60 hours of community service
  • Driving school and / or alcohol treatment program
  • Possible ignition interlock device

Second offense breathalyzer refusal within five (5) years

  • Misdemeanor (criminal) offense
  • Up to 6 months in jail
  • License suspension 1 to 2 years
  • $600 to $1,000 fine
  • 60 to100 hours of community service
  • Mandatory alcohol or drug treatment
  • Mandatory ignition interlock device

Third or subsequent offense breathalyzer refusal within five (5) years

  • Misdemeanor (criminal) offense
  • Up to 1 year in jail
  • License suspension for 2 to 5 years
  • $800 to $1,000 fine
  • 100 hours community service
  • Mandatory alcohol or drug treatment
  • Mandatory ignition interlock device installation
  • Prior to license reinstatement, a hearing is held to determine why your license
    should be reinstated.

Blood Test Refusal Penalties in Rhode Island

First offense blood test refusal

  • Civil offense
  • License suspension for 6 months to 1 year
  • Fine of $200 to $500
  • 10 to 60 hours of community service
  • Driving school and / or alcohol treatment program
  • Possible ignition interlock device

Second offense blood test refusal within five (5) years

  • Civil offense
  • License suspension of two (2) to three (3) years
  • Fine of $800 to $1,000
  • Eighty (80) to one hundred (100) hours of community service
  • Alcohol and/or drug treatment program
  • Mandatory ignition interlock device

Third or subsequent offense blood test refusal within five (5) years

  • Civil offense
  • License suspension of three (3) to five (5) years
  • Fine of $1,000 to $1,500
  • Minimum of one hundred (100) hours of community service
  • Alcohol and/or drug treatment program
  • Mandatory ignition interlock device
  • Prior to license reinstatement, a hearing is held to determine why your license should be reinstated.

In addition to the penalties listed above, you will be required to pay certain mandatory fees: a highway assessment fee of $500, a Department of Health fee of $200, and a hearing fee of $35.

If you are facing a blood test refusal or a breathalyzer refusal in Rhode Island, be sure to reach out to the skilled Rhode Island DUI lawyers at Abilheira Law, LLC for a free and confidential consultation.

Want to learn more about what our Rhode Island DUI lawyers can do for your refusal case? Call our firm today at (401) 375-9894!