Rhode Island DUI and Breathalyzer Refusal Lawyer

A second refusal within ten years is a criminal misdemeanor, not a civil violation.

 

Where refusal cases are heard. Every first-offense refusal case in Rhode Island is heard at the RI Traffic Tribunal on New London Avenue in Cranston.

 

How I defend DUI and refusal cases

Every case turns on the details of the stop and the arrest. I look at:

• The reason for the stop. If the officer didn't have a lawful basis to pull you over, evidence from the stop can be challenged.

• Probable cause for the arrest. Field sobriety tests are subjective, and road conditions, footwear, injuries, and nerves all affect them.

• Whether you were properly advised of your rights. Rhode Island requires specific warnings before a refusal can be charged, including your right to an independent test. Mistakes in how those rights were read, or when, can decide a refusal case.

• The breath test itself. Machine certification, operator certification, and the observation period before the test.

• Video and reports. Body-camera and cruiser video often tell a different story than the written report.

When the evidence supports it, the goal is a dismissal. When it doesn't, the goal is the best available outcome: a reduced charge or a shorter suspension.

 

Protecting your license

For most clients, the license is the most urgent problem. Losing it can mean losing a job. Depending on the charge and your record, there may be ways to keep driving while the case is pending or to shorten a suspension. I raise those options early rather than waiting until sentencing.

 

What to do right now

1. Don't miss your court date. Check your paperwork for your arraignment date in District Court, the Traffic Tribunal, or both.

2. Gather your paperwork. The citation, any notice about your license, your bail or release papers, and your tow receipt.

3. Write down what happened. Where you were, what you drank and when, what the officer said, and what tests you were given. Do it while you still remember.

4. Don't discuss the case on social media or with anyone but your lawyer.

5. Call me before your first court date. Early involvement gives us the most options.

 

Frequently asked questions

Is refusing a breathalyzer a crime in Rhode Island? A first refusal is a civil violation heard in the Traffic Tribunal, not a crime. It still carries a license suspension, fines, and other penalties. A second refusal within ten years is a misdemeanor.

 

I refused the test. Doesn't that mean they can't prove DUI? No. The state can still prosecute DUI based on your driving, the officer's observations, and field sobriety tests, even without a breath or blood result. That's why many people face both charges at once.

 

Can I still drive after a DUI or refusal? Possibly. It depends on the charge, your record, and the stage of the case. This is one of the first things we'll go over.

 

I have a commercial driver's license. What's different? A lot. A DUI or refusal can disqualify you from commercial driving, even if the arrest happened in your personal vehicle. Call right away.

 

I'm from out of state. Does a Rhode Island charge affect my home license? Usually. Most states share suspension information, and your home state may impose its own penalties. The Rhode Island case needs to be handled carefully with that in mind.

 

Will my insurance go up? Often, yes, if the case ends in a conviction or refusal finding. Avoiding or reducing the finding is the best protection for your insurance rates.

 

Charged with DUI or refusal? Call today.

The consultation is free. Call (401) 656-5555 or send a message, and bring your paperwork.

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