If you refuse the breathalyzer test in Rhode Island, you are likely to receive two tickets, one for DUI in the district court and the other for refusing the breathalyzer at the Rhode Island Traffic Court. These are two different court dates at two separate locations so it is important to attend both court dates.

Under Rhode Island’s implied consent law, a refusal to submit to a chemical test can result in the suspension of your driver’s license or a suspension of the right to operate a motor vehicle in the State of Rhode Island for out-of-state residents. This suspension is not automatic and requires the State to prove the elements of a breathalyzer refusal to a judge of the Rhode Island Traffic Tribunal.

On your first court date at the Traffic Tribunal, the State will move for a preliminary order suspending your driver’s license pending your trial on the breathalyzer refusal charge. This preliminary suspension can be avoided if there is a defect in the affidavit of the arresting officer.

In order for the State to prove the element of a refusal, the State will have to demonstrate the following:

• That the officer had reasonable suspicion to stop your car.
• That he had probable cause to arrest you for DUI.
• That he requested that you take a breathalyzer test and informed you of your rights if you refuse, by telling you the penalties for a refusal and informing you of your right to a phone call and independent medical exam.

If you have been charged with refusal of the breathalyzer, you should call Attorney DelSignore as he has successfully handled many motorists charged with refusal to submit to a breathalyzer. Additionally, by calling Attorney DelSignore immediately he can begin preparing your defense and help to save your driver’s license.

If a charge is sustained for refusing a breathalyzer test, Your license will be suspended. The length of the suspension depends on whether you have prior offenses for refusing the breathalyzer test and prior drunk driving convictions. Typically, the license loss for a first offense refusal is 6 months.