RI Chemical Test Refusal

That decision depends entirely on the facts of your specific case - your BAC, your driving pattern, your prior record, your job, and other circumstances. There is no universally correct answer. The decision should be made with a defense lawyer on the phone if at all possible. Call 401-573-2265 before the test if you can.

Yes, and the license and fine consequences are the same as refusing a breath test on a first offense. The difference is on repeat refusals: a second or third refusal of a blood test stays a civil offense under § 31-27-2.1(c)(4) and (c)(5), while a second or third refusal of a breath or urine test is a misdemeanor. Blood draws also generally require a warrant in Rhode Island following the U.S. Supreme Court's Birchfield v. North Dakota (2016) decision. Drivers who cannot give blood for medical or religious reasons can file an affidavit with the DMV under § 31-27-2.1(b) and will only be asked for breath, saliva, or urine.

Yes. The implied consent advisory under § 31-27-2.1 must be substantively complete and accurate. If the officer failed to inform the driver that refusal would result in license suspension, omitted the duration of suspension, or misstated the penalties, the refusal charge can often be challenged. Before sustaining a refusal, the judge must find that the driver was informed of the penalties in the implied consent notice (§ 31-27-2.1(d)(4)).

For a first refusal, 6 to 12 months. For a second refusal within 10 years, 1 to 2 years (a flat 2 years if the refused test was a blood test). For a third refusal within 10 years, 2 to 5 years. The lookback was 5 years until P.L. 2024, ch. 217 and ch. 218 doubled it to 10, effective July 1, 2025. The exact duration is set by the Rhode Island Traffic Tribunal magistrate or District Court judge based on the circumstances and any aggravating factors.

Yes. Refusing the chemical test does not prevent a DUI prosecution. The state proceeds based on observed driving behavior, dash cam and body cam evidence, field sobriety test performance, and officer testimony. In some cases, the absence of breath evidence makes the DUI harder to prove - but the refusal penalty applies regardless of whether you're convicted of DUI.

Rhode Island operates under an implied consent doctrine: by driving on Rhode Island roads, you have impliedly consented to a chemical test if lawfully arrested for DUI. The doctrine is codified in R.I. Gen. Laws § 31-27-2.1. The officer must read you a specific implied consent advisory before administering the test or treating your conduct as a refusal.

A first chemical test refusal under R.I. Gen. Laws § 31-27-2.1 is a civil violation, not a crime. A second or third refusal of a breath or urine test within ten years is a misdemeanor under § 31-27-2.1(c)(2) and (c)(3), punishable by up to six months (second) or one year (third) in jail. Refusals of a blood test remain civil at every tier. Before July 1, 2025 the lookback was five years; that is no longer the law.

A first chemical test refusal under R.I. Gen. Laws § 31-27-2.1 carries license suspension of 6 to 12 months, a fine of $200 to $500, a $500 highway safety assessment, a $200 Department of Health chemical testing assessment, 10 to 60 hours of mandatory community restitution, and required attendance at the Driving While Intoxicated course. A second refusal within ten years is a misdemeanor with a $600 to $1,000 fine, up to six months in jail, and a one-to-two-year suspension.