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Should You Refuse A Breath Test?

Last updated on December 3, 2020

If you are pulled over for suspicion of drunk driving, your first thought will be, “Should I take the breath test or refuse it?” Your second thought will probably be, “Will I keep my license?”

You will probably be given two tickets, the first requiring a date in district court for driving under the influence, and the second for Rhode Island Traffic Court for refusing to take the test. Many people do not realize this means you must make two separate court appearances at two different court locations on two different dates.

Rhode Island is an implied consent state, meaning that when you obtained your driver’s license you implicitly accepted the idea of being chemically tested if the police suspect you are driving under the influence. If you refuse the test, you are considered to have reneged on this consent, and your driver’s license may be suspended.

Act Quickly Before The Window Closes

It is therefore important, to contact a DUI attorney like the ones at Lynch & Pine the moment you are pulled over. If you fail to act quickly, you may be ordered to give up your license at your first appearance at the Rhode Island Traffic Tribunal.

We Build Smart Defenses

DUI cases are resolved through analysis of the facts and knowledge of the law. To convict you of refusing to take the breath test, the state must prove that pulling you over was a reasonable thing to do, that it was reasonable to arrest you for DUI, and that you were fully informed of the consequences of refusing the test.

In any DUI or Breathalyzer refusal case, there are opportunities to build a defense. Our attorneys will analyze the facts to determine if you were driving erratically, if the evidence of drunk driving is scant, or if the police procedures were not followed to the letter of the law.

The best lawyers, we believe, are those who, like us, have worked on both sides, both prosecution and defense; we know exactly how the other side thinks.

Defend Your Future Starting Now

If you have been charged with a DUI and for refusing a breath test, call 401-680-0921 or contact us online to discuss your case.