---
title: "Is chemical test refusal in Rhode Island a crime?"
description: "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 §..."
url: https://riduilaws.com/faq-items/is-chemical-test-refusal-in-rhode-island-a-crime/
date: 2026-10-29
modified: 2026-10-29
author: "RI DUI Laws"
type: faq
lang: en
---

# Is chemical test refusal in Rhode Island a crime?

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.

Is chemical test refusal in Rhode Island a crime?[RI DUI Laws](https://riduilaws.com/author/admin_xxgjem88/)2026-10-29T22:39:54+00:00