| 1) Should I refuse a Breathalyzer test in Rhode Island? | | | | If convicted, you will also have to take driving classes, |
| The answer is - "it depends". There is no good | | | | do community service and obtain expensive insurance |
| definitive answer to this question in Rhode Island. The | | | | for your vehicle. In a criminal DUI, the state must not |
| only proper answer is it depends on the | | | | only prove probable cause to make the arrest, they |
| circumstances. If you refuse the Breathalyzer test, | | | | must prove beyond a reasonable doubt that you were |
| your license and/or privilege to drive in Rhode Island will | | | | too intoxicated to operate a motor vehicle in the State |
| be automatically suspended after the arraignment but | | | | of Rhode Island as well as proving that you were |
| prior to any hearing or disposition of the matter on the | | | | properly read your rights and that other legal |
| merits. If you refuse a Breathalyzer test, the chances | | | | requirements were met. If you lose the criminal DUI |
| of winning are relatively slim. In a Breathalyzer case, | | | | case, you will have a criminal conviction on your record. |
| the state must only prove that they had probable | | | | A criminal conviction can severely hurt employment |
| cause to arrest you and reasonable suspicion to | | | | opportunities and in some case lead to loss of a job. |
| believe that you are operating a motor vehicle in | | | | Also, a second or third conviction for DUI/DWI will |
| Rhode Island while intoxicated, that you were properly | | | | mean mandatory jail time. |
| read your rights, and that you did in fact refuse the | | | | 2) Are there any bright line rules in Rhode Island?a) |
| Breathalyzer. Even if you refuse, the state will typically | | | | Yes. If you are absolutely positive you will pass, take |
| still charge you with criminal DUI based on the officer(s) | | | | the Breathalyzer test.b) If someone is injured in an |
| observations. Many, but not all, town and cities will | | | | accident - refuse the Breathalyzer.c) If you already |
| dismiss the criminal observation case if you agree to | | | | have a criminal DUI within the past 5 years, then you |
| take a plea for minimum sanctions (at least 6 months) | | | | must refuse because you face mandatory jail time.d) If |
| at the refusal hearing. | | | | you are in a profession in which a criminal conviction |
| If you lose the Breathalyzer case, for a first offense | | | | may hurt your career or subject you to professional |
| within five years, the penalty will be six months to | | | | discipline, i.e. lawyer, politician, teacher, then you |
| twelve months loss of license as well as fines and | | | | probably should refuse. |
| driver retraining and community service. You will also | | | | If the bright line rules don't apply, then what? |
| be required to obtain expensive insurance on your | | | | Use a balancing test. You need to balance your need |
| automobile. The advantages of a refusal over a | | | | to drive your automobile versus what effect a criminal |
| criminal case is that the penalty for a first refusal is a | | | | conviction will have on your life. If you absolutely need |
| civil violation that will not be a criminal conviction on | | | | your license for your job and a criminal conviction will |
| your record. (Please note that a 2nd offense refusal in | | | | not affect your life, then take the test if none of the |
| Rhode Island is now a criminal offense!) | | | | bright line rules (such as an injury) apply. |
| If you take the Breathalyzer test and fail it, you will be | | | | If you take the Breathalyzer test, you will not |
| charged with a criminal DUI. These cases are much | | | | automatically lose your license and can drive while the |
| more difficult for the prosecution to prove than a | | | | criminal case is pending and will only lose your license if |
| Breathalyzer refusal. Your chances of winning a | | | | you lose the case. Your chances of winning the |
| criminal DUI case is much greater than a refusal case! | | | | criminal case and retaining your license is much greater |
| If you take the Breathalyzer, you will not automatically | | | | than a refusal case. However, the flip side is that if you |
| lose your license at the arraignment (as you would in a | | | | lose the criminal case, then you will have a conviction |
| refusal case). You will only lose your license if you are | | | | on your record and minimum jail potential for a second |
| convicted. In other words, you can drive while the case | | | | offense. |
| is proceeding. If convicted in a criminal DUI case first | | | | 3) Does Rhode Island allow a person to drive for work |
| offense, you will lose your license anywhere between | | | | after their license is suspended for DWI or refusal? |
| 3 months to 6 months. | | | | |