Should You Refuse a Breathalyzer in Rhode Island?

Ann Sheeley
23 hours ago
4 min read

If you’re pulled over on suspicion of DUI in Rhode Island, you will likely have to perform a field sobriety test(s). Next, the police officer may insist on a roadside breath test. If there is probable cause you are intoxicated, you will be arrested and asked to take an official chemical test to measure your blood alcohol concentration (BAC). One of the biggest decisions you will need to make swiftly is: Should you refuse the breathalyzer?

You may have heard that refusing is the “better” choice versus submitting to a chemical test. In many cases, that may be true. However, the answer is not always so cut and dry. At Sheeley Law, we want to make sure you understand your options and your legal rights, which we have outlined below. As always, we are here for you 24/7 for a free consultation.

There are several tests an officer may use to determine if you are driving under the influence, which are all treated differently under Rhode Island law. Understanding that distinction is critical before deciding whether to refuse any or all tests.

1) The Field Sobriety and Roadside Test (Preliminary Breath Test – “PBT”)

Field sobriety tests are methods for assessing a driver’s mental and/or physical impairment. The horizontal gaze nystagmus test, walk-and-turn test, and one-leg stand test are the most common.

In addition, before an arrest is made, the officer may ask you to blow into a small, handheld device called a Preliminary Breath Test (PBT). Both field sobriety tests and the PBT are used to help the officer decide whether there is probable cause to arrest you for DUI. You can choose to refuse these roadside tests. However, it is important to know the officer can still arrest you based on observations, such as driving behavior, alcohol odor, slurred speech, bloodshot eyes and statements you make.

2) The Chemical Test (Post-Arrest)

If the officer has probable cause, you will likely be arrested and asked to submit to a chemical test. The most common is a breathalyzer but, in some cases, the police may request a blood or urine test.

Per Rhode Island law, when you drive on public roads, you are deemed to have given “implied consent” to chemical testing if a police officer has reasonable grounds to believe you are driving under the influence. Therefore, refusing the chemical test means you violated that law, which triggers automatic penalties, including:

A refusal charge (civil violation for first offense)
Immediate license suspension
Substantial fines and court costs
Driver retraining classes and/or alcohol counseling program
Possible ignition interlock requirement

Should You Refuse a Breathalyzer / Chemical Test in Rhode Island?

When you refuse the chemical test, you eliminate one of the prosecution’s strongest pieces of evidence — your BAC results. However, refusal is not consequence-free. It still carries automatic license suspension, fines, and potential ignition interlock requirements.

Civil Violation vs. Criminal Conviction: Why It Matters

If this is your first DUI, the main advantage to refusing the chemical test is it’s considered a civil violation, while a DUI conviction is a criminal offense. That means:

A first refusal does not result in a criminal conviction on your record.
A DUI conviction does create a criminal record.
Criminal convictions can have broader long-term consequences for employment, licensing, and background checks.

For repeat offenders, Rhode Island law imposes strict penalties, which may include mandatory minimum jail time. Since the stakes are significantly higher, the decision whether to submit to chemical testing can have serious legal implications.

Bottom Line

Refusing a breathalyzer is a legal choice — but it is not a simple one. Rhode Island laws are complicated, and each case is unique. Therefore, having an experienced DUI lawyer by your side is critical. A reputable law firm like Sheeley Law will make your case a priority, review all the evidence to prepare the best possible defense, answer your questions, represent you in court, and guide you every step of the way.

Attorney Ann Sheeley has more than 30 years of criminal defense experience and has represented hundreds of clients in DUI cases throughout Rhode Island. We are available 24/7 to answer your questions. Contact us for a free, confidential consultation at 401-619-5555 or email asheeley@sheeleylaw.com.

❓Frequently Asked Questions

Q: What happens if I refuse a breathalyzer/chemical test in Rhode Island?

A: You have the legal right to refuse the post-arrest chemical test (breath, blood, or urine). However, refusing triggers automatic penalties under Rhode Island’s implied consent law, including immediate license suspension, fines, driver retraining classes, and possible ignition interlock requirements.

Q: Is a breathalyzer refusal a criminal charge in Rhode Island?

A: No. For a first offense, refusal of the post-arrest chemical test is generally treated as a civil violation, not a criminal conviction. That means it could stay off your criminal record. Repeat offenses, however, carry enhanced penalties.

Q: What should I do if I am arrested for DUI or refusal?

A: The most important step is to speak with an experienced local DUI defense attorney as soon as possible. Rhode Island DUI laws are complex, and the details of your stop, arrest, and prior record can significantly affect your case. An attorney like Ann Sheeley can review the evidence, explain your options, and protect your rights moving forward.