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 understand that you have two separate court dates at two different courts.

Under Rhode Island's implied consent law, a motorist impliedly consents to taking a breathalyzer test as a condition of obtaining a drivers license in Rhode Island. A refusal to submit to a chemical test is a civil infraction for a first offense and is considered a misdemeanor criminal offense for a Second Offense Breathalyzer Refusal. A Refusal to take a breathalyzer 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.

Importance of your first court date on your breathalyzer refusal:

• At your first court date, the State is likely going to ask the judge to enter a preliminary order suspending your license, prior to your breathalyzer refusal trial. Attorney DelSignore has had numerous cases where he has persuaded the judge to denial this request. It is importance to understand that if this preliminary order is granted your driving privileges will be suspended five days after the entry of the order.

What does the State need to prove in order to convict you of refusing to take a breathalyzer?

• 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.

• Rhode Island Breathalyzer Refusal Defenses