Robert Humphrey
Rhode Island
DUI Lawyer
Office: (401) 816-5862
Cell: (401) 536-4174
8 Neck Road
Tiverton, Rhode Island 02878
Get local information and help by selecting the Rhode Island County of your arrest:
Rhode Island DUI/DWI Implied Consent Laws:All drivers in Rhode Island are required to take any test of their blood, breath, saliva, or urine that a police officer asks them to take after putting the driver under arrest for suspicion of a DUI offense unless they have a medical or religious objection to blood testing, in which case another type of test must be used. The officer can request a maximum of 2 tests. RI DUI Refusal Hearings:
If a driver refuses a test when a police officer requests one, the police officer will file a report with a traffic court judge stating that the officer had a reasonable belief that the driver was intoxicated and refused the test after the officer had informed the driver of the penalties for refusing. The court will suspend the driver's license to drive and give the driver notice that he or she must request a hearing within 15 days to challenge the suspension. The State must prove that the officer had a reasonable belief that the driver was intoxicated, and that they refused the test after being advised of their rights and the consequences of refusing by "clear and convincing" evidence. There is no precise definition for what "clear and convincing" evidence is, but it generally means that if both sides present persuasive evidence, the defendant should win.
License suspensions for refusing a test:
If a driver doesn't request a hearing or the traffic court rules against the driver, his or her license to drive will be suspended as follows: First Offense: The first refusal is treated as an infraction, and the driver's license to drive will be suspended for 6 months to 1 year. The driver will also be fined between $200 and $500, ordered to perform between 10 and 60 hours of community service and will be required to complete a course in driving while intoxicated, or an alcohol treatment program, or both. Second Offense: The second refusal within 5 years is treated as a misdemeanor, and the driver's license to drive will be suspended for 1 year to 2 years, and the driver shall be imprisoned for no more than six months. The driver will also be fined between $600 and $1000, ordered to perform between 60 and 100 hours of community service and will be required to complete a course in driving while intoxicated, or an alcohol treatment program, or both. Third Offense or More: The third refusal within 5 years and each refusal after that is treated as a misdemeanor, and the driver's license to drive will be suspended for 2 years to 5 years. The driver will be imprisoned for up to 1 year. The driver will also be fined between $800 and $1000, ordered to perform at least 100 hours of community service and will be required to complete a course in driving while intoxicated, or an alcohol treatment program, or both. Source: Title 31(Motor and Other Vehicles) 31-27-2.1 Additional fees for all Rhode Island DUI chemical test refusals:
All drivers who are punished for refusing to take a chemical test will be required to pay additional fees and fines totaling $700. Source: Title 31(Motor and Other Vehicles) 31-27-2.1 Special Rules for drivers under 18 who refuse a chemical test:
The rules for drivers under 18 who refuse a test are similar to the rules for adult drivers, with a few exceptions. First, a family court, and not a traffic court will handle the case. Second, refusing a test is never considered a criminal offense, but is punished as follows: First suspension: 6 months to 1 year, and the court will require the driver to complete a course in driving while intoxicated, or an alcohol treatment program, or both. Second suspension: Until the driver reaches age 21, and the court will require the driver to complete a course in driving while intoxicated, or an alcohol treatment program, or both. Third suspension or more: Two additional years after he driver reaches age 21, and the court will require the driver to complete a course in driving while intoxicated, or an alcohol treatment program, or both. Source: Title 31(Motor and Other Vehicles) 31-27-2.5 |
