Rhode Island Breathalyzer Refusal Lawyer

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

At Abilheira Law, our experienced Rhode Island breathalyzer refusal lawyers will guide you through the refusal and/or DUI process, while explaining your legal options and preparing an aggressive defense. With the implementation of Rhode Island’s new DUI laws, our attorneys can also guide you through the process of obtaining a hardship license.

To help you get a better understanding of Rhode Island refusal law, we have provided some information below. After you have reviewed the information, please feel free to contact us at any time to discuss your case.

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 to test for the presence of alcohol or a blood test to test for the presence of alcohol and/or drugs. If you refuse to submit to a chemical test, you will automatically be charged with a refusal. It is also likely that you will be charged with Driving Under the Influence BAC unknown.

If you have been charged with a chemical test refusal, contact the experienced Rhode Island breathalyzer refusal lawyers at Abilheira Law today.  For more information on whether you should refuse a breathalyzer, please click here.

What are the penalties for a Chemical Test Refusal?

Before you decide to refuse a breathalyzer in Rhode Island, you should be aware of the harsh penalties you will face upon conviction.

In addition to the penalties listed below, if you are convicted of a breathalyzer refusal, 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.

First Offense Refusal to Submit to a Chemical Test           

  • $200-$500 fine
  • 10-60 hours of community service
  • License Suspension 6 months –1 year
  • Possible driving school and/or alcohol treatment program
  • Possible ignition interlock device

Second Offense Refusal to Submit to a Chemical Test (within 5 years of first offense)

  • Guilty of misdemeanor
  • Up to 6 months in jail
  • $600-$1000 fine
  • 60-100 hours of community service
  • License suspension 1-2 years
  • Mandatory alcohol or drug treatment
  • Mandatory ignition interlock

Third Offense Refusal to Submit to a Chemical Test (within 5 years of first offense)    

  • Guilty of misdemeanor
  • Up to 1 year in jail
  • $800-$1000
  • 100 hours community service
  • License suspension 2-5 years
    • Prior to reinstatement, a hearing is held to determine why your license should be reinstated.
    • Judge considers driving record, employment history, family etc.
  • Mandatory Ignition Interlock

 

If you are facing a breathalyzer refusal in Rhode Island, call the skilled Rhode Island breathalyzer refusal lawyers at Abilheira Law for a free and confidential consultation.  Our experienced attorneys will guide you through the refusal process, explain your legal options and prepare an aggressive defense.

Recent Successes in Rhode Island Breathalyzer Refusal Cases

Charge: Chemical Test Refusal 2nd Offense, DUI 1st Offense

  • Client was stopped by the Portsmouth Police. Because client was charged with a second offense refusal, he was facing a criminal conviction, large fines, a lengthy loss of license and potential jail time. Attorney Abilheira identified a serious flaw in the case and achieved a successful result.
  • Outcome: Chemical Test Refusal dismissed. DUI amended to a Reckless Driving.

Charge: Chemical Test Refusal 1st Offense, DUI 1st Offense

  • Client was stopped by the Lincoln Police Department based on an anonymous tip that he had been driving erratically. Attorney Abilheira was able to identify a legal issue in the case and achieved another successful result for his client.
  • Outcome: Chemical Test Refusal dismissed. DUI amended to a Reckless Driving.

Charge: Chemical Test Refusal 1st Offense, DUI 1st Offense

  • Client was stopped by the Tiverton Police Department and charged with a DUI 1st Offense and Chemical Test Refusal. After identifying and addressing the client’s goals, Attorney Belknap obtained the result the client hoped for.
  • Outcome: DUI was dismissed and removed from client’s criminal record after Attorney Belknap filed a Motion to Seal. Attorney Belknap obtained minimum sanctions on the chemical test refusal, including only a 60 day loss of license. Attorney Belknap was also able to secure a conditional hardship license for her client so she could drive herself to and from work, allowing her to keep her job.