There are numerous defenses to a charge of refusing to submit to a chemical test in Rhode Island. Some of the defenses include the following. Your individual case may raise other defenses which Attorney DelSignore will explain to you at a free consultation.

CONFIDENTIAL PHONE CALL

A motorist charged with refusing a breathalyzer test in Rhode Island is entitled to a confidential phone call. Under Rhode Island DUI law, a motorist charged with DUI or refusing the breathalyzer is entitled to a confidential phone call under Rhode Island General Laws Section 12-7-20.

What sometimes happen is that a police officer or officers will deny a motorist there right to a confidential phone call by being present when the phone call is made, not providing the DUI suspect with an opportunity to make a truly private and confidential phone call. Without the opportunity to make a private phone call, a motorist would not be in a position to explain their circumstances to a lawyer to receive legal advice. At a trial at the Rhode Island Traffic Tribunal for breathalyzer refusal, the failure of the police officer to provide a motorist with a confidential phone call could result in the dismissal of the case as a motorist would be unable to make an informed decision as to whether to take a breathalyzer test.

ADVISED OF PENALTIES AND CONSEQUENCES OF REFUSING A BREATHALYZER TEST.

To prove a violation of the Rhode Island breathalyzer refusal statute, 31-27-2.1, the State must prove that a motorist was properly advised of the penalties and consequences of refusing a chemical test. In most cases, a police officer will use a preprinted rights form and will read from the form which details the penalties for refusing a breathalyzer test. However, some officer will either fails to read the form at all, summarize the form or improperly influence the decision of the motorist whether or not to take a breathalyzer test. An officer should not encourage a motorist that it would be better to take a breathalyzer test either by suggesting that they will leave the jail quicker or be subject to a lesser penalty. In those cases, a person who refuses a breathalyzer test can argue that the refusal was not voluntary under the law because improperly influenced by the officer.

RIGHTS FOR USE AT THE SCENE

At the scene of an arrest, Rhode Island law requires that a police officer read a motorist their rights for use at the scene which advises the motorist that the motorist is suspected of DUI, has a right to remain silent and has the right to an independent medical examination.

VALID BASIS FOR STOPPING VEHICLE UNDER THE FOURTH AMENDMENT

As with the charge of DUI, a breathalyzer refusal case requires that a police officer have a lawful basis to stop a motorist and can result in dismissal of the refusal charge when there is not a proper basis for the stop under the Fourth Amendment.

PROBABLE CAUSE TO ARREST

Once a police officer makes a stop, Rhode Island DUI law requires that an officer have probable cause to arrest a motorist to sustain a breathalyzer refusal charge. A defense based on lack of probable cause to arrest attacks the reliability of the field sobriety tests and the officer’s opinion that the motorist performance was a failure of the field sobriety tests.

MEDICAL DEFENSES

In some case, medical conditions prevent a motorist from being able to take a breathalyzer test. In those cases, medical evidence can be produced showing that the motorist did not refuse the breathalyzer because a medical condition prevented the motorist from providing a breathalyzer sample.

If you were charged with refusing the breathalyzer in Rhode Island, call Attorney DelSignore for a free consultation. Attorney DelSignore represents motorists throughout Rhode Island and can be reached at any time, nights, evenings, weekends and holidays at 401-465-1611.