---
title: "Can I refuse to take a blood test in a Rhode Island DUI case?"
description: "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..."
url: https://riduilaws.com/faq-items/can-i-refuse-to-take-a-blood-test-in-a-rhode-island-dui-case/
date: 2026-10-29
modified: 2026-10-29
author: "RI DUI Laws"
type: faq
lang: en
---

# Can I refuse to take a blood test in a Rhode Island DUI case?

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.

Can I refuse to take a blood test in a Rhode Island DUI case?[RI DUI Laws](https://riduilaws.com/author/admin_xxgjem88/)2026-10-29T22:39:57+00:00