In Rhode Island, if you refuse the breathalyzer and the State can prove its refusal case against you, the following are the mandatory penalties for the violation. For the purposes of determining prior offense, a prior offense is any offense of DUI, refusing to submit to a breathalyzer in Rhode Island or any other State within a five year period. Even if your offense is outside of five years, a judge is likely to impose a more severe punishment and longer license loss if you have prior DUI convictions and or admissions to refusing a breathalyzer test.

If you are charged with a second offense breathalyzer refuse, you have many challenges to your case as the statute may be declared unconstitutional by the court. Additionally, it may be possible to have a Second Offense breathalyzer refusal reduced to a First Offense.

1^st Offense:
License loss for between six and twelve months
Fine of between 200–500 dollars
10 to 60 hours of community service
Highway assessment of $ 500.00
Department of health assessment of $ 200.00
DUI school

2^nd Offense:
Currently a misdemeanor crime though there are some legal challenges available to this law
Imprisonment up to six months
One to two year suspension of driver's license
Fine of between $600 to 1000.00 dollars
Highway assessment of $ 500.00
Department of health assessment of $ 200.00
60 to 100 hours of community service
DUI school

3^rd Offense:
Misdemeanor criminal offense
Imprisonment up to one year
Two to five year suspension of drivers license or privilege to operate a motor vehicle in the State of Rhode Island for nonresidents
Fine of between $ 800.00 and $ 1000.00 dollars
Minimum of 100 hours of community service
Highway assessment of $ 500.00
Department of health assessment of $ 200.00
DUI school