Breathalyzer Refusal

Providence, Rhode Island Field Sobriety Test Attorneys

Over the past couple of years, penalties for those who refuse a breathalyzer test have increased dramatically in the state of Rhode Island. With the consequences more severe, it increases the necessity of securing the type of legal representation we provide at Kaplan & Associates Inc. in Providence, Rhode Island.

When a DUI suspect would refuse a breathalyzer in the past, they would have their driver’s license suspended from three to six months. That has now gone up to six months to a year. Unchanged are the requirements for fines, community service, and drunken-driving course participation. Multiple offenses related to DUI and breathalyzer refusal are more serious and could reach the felony level.

A second offense committed within five years can result in a misdemeanor charge with the possibility of six months in prison if you choose again to refuse a breathalyzer test. The driver’s license can be suspended for one to two years. Fines can go as high as $1,000. Within that five year period, if you are pulled over and again refuse a breathalyzer, one year in prison becomes a possibility with a $1,000 fine maximum and 100 hours of community service.

At Kaplan & Associates Inc., we recognize that not taking the breathalyzer keeps a significant piece of tangible data away from the prosecution. However, there are repercussions to that “strategy” that you should be aware of as you make that decision. If you have injured someone in an accident where you are suspected of being legally drunk, you may face multiple offenses mandating jail time. If your are in a profession where a criminal conviction will harm your career, it may be in your best interest to refuse a breathalyzer.

Those situations magnify the importance as to why you should hire a good DUI attorney. An experienced DUI defense lawyer can help you understand the portable breath test procedures, field sobriety test methods, and other information related to the legal limit.

For more information or to schedule an appointment with an experienced lawyer, please contact us.