RI Refusal to Submit to a Chemical Test Attorney

R.I.G.L. 31-27-2.1 (Refusal Statute) states that any person who operates a motor vehicle within the State of Rhode Island shall be deemed to have given his or her consent to chemical tests of his or her breath, blood and/or urine for the purpose of determining the chemical content of his or her body fluids or breath.  For the Prosecution to successfully prove a refusal to submit to a chemical test case in Rhode Island against a suspected drunk driver, the State must establish the following:

• That there was reasonable suspicion to stop the suspected drunk driver’s vehicle, which is usually based on traffic infractions.  Anonymous tips alone that a driver may be operating his/her vehicle while intoxicated is not enough for a valid vehicle stop;
• That the suspected drunk driver was afforded a reasonable opportunity to have a physical examination by a physician selected by him/her pursuant to R.I.G.L. 31-27-3;
• That the suspected drunk driver had been informed of the penalties incurred as a result of noncompliance with the refusal statute; and
• That the suspected drunk driver refused upon the request of the law enforcement officer to submit to the chemical test.

Allow Attorney Robert H. Humphrey’s reputation, experience and skill to successfully guide you through the legal process when you have been charged with refusal to submit to a chemical test. 

The penalties for a violation of the refusal to submit to a chemical test statute (R.I.G.L. 31-27-2.1) include the following:

First offense penalties:

• $200.00 to $500.00 fine, plus court costs;
• Ten (10) to sixty (60) hours of community service;
• Six (6) to twelve (12) months license suspension;
• Participation in driving while intoxicated program or alcohol and drug treatment;
• Highway safety assessment $500.00; and
• DOH assessment fee $200.00.

Second offense penalties: 

• Every person convicted for a second violation within a five (5) year period shall be guilty of a misdemeanor;
• $600.00 to $1,000.00 fine, plus court costs;
• Sixty (60) to one hundred (100) hours of community service;
• Imprisonment up to six (6) months;
• One (1) to two (2) year license suspension;
• Participation in alcohol and drug treatment;
• Highway safety assessment $500.00; and
• DOH assessment fee $200.00.

Third or subsequent offense penalties:

• Every person convicted for a third or subsequent violation within a five (5) year period shall be guilty of a misdemeanor;
• $800.00 to $1,000.00 fine, plus court costs;
• One hundred (100) hours of community service;
• Imprisonment up to one (1) year;
• Two (2) to five (5) year license suspension;
• Participation in alcohol and drug treatment;
• Highway safety assessment $500.00; and
• DOH assessment fee $200.00.

Allow Attorney Robert H. Humphrey’s reputation, experience and skill to successfully guide you through the legal process when you have been charged with refusal to submit to a chemical test. 

Contact Attorney Humphrey and the Law Offices of Robert H. Humphrey about your legal matter today.