How to Fight a Rhode Island Chemical Test Refusal Charge at the Traffic Tribunal

When a police officer in Rhode Island pulls you over and suspects you of driving under the influence, they will likely ask you to blow into a breathalyzer machine at the station. If you say no, you will be hit with a Chemical Test Refusal charge. Many drivers are confused to learn that in Rhode Island, a refusal is a completely separate legal issue from the actual DUI charge. If you are dealing with a refusal charge, you will need a lawyer who understands the unique rules of the Traffic Tribunal. Browse our directory to find an experienced local attorney who can help you fight to keep your driver's license.

Criminal DUI vs. Civil Refusal

In Rhode Island, the legal system splits your case into two paths when you refuse a breath test. The actual charge of Driving Under the Influence (DUI) is a criminal offense prosecuted in the local District Court (for example, the Third Division District Court, Warwick). However, under R.I. Gen. Laws § 31-27-2.1, refusing the chemical test is considered a civil traffic violation. This civil violation is prosecuted at the Rhode Island Traffic Tribunal, Cranston. Because it is a civil case, you do not have the right to a jury trial for the refusal, and the burden of proof is lower than in criminal court. It is possible to beat the criminal DUI charge in District Court but still lose your license at the Traffic Tribunal for the refusal.

License Suspension Timelines for First-Time Refusals

The penalties for a first-time refusal are severe. If a magistrate at the Traffic Tribunal finds that you legally refused the test, you face an automatic suspension of your driver's license for a period ranging from 6 months to 1 year. In addition to the suspension, you will be ordered to pay fines starting at $200 (plus hundreds more in Department of Health and highway assessments), complete 10 to 60 hours of community service, and attend a mandatory driver retraining or alcohol treatment course.

Defense Strategies Against a Refusal Charge

Beating a refusal charge is challenging, but it is not impossible. A skilled defense attorney will scrutinize every detail of the police encounter to find constitutional or procedural violations.

Challenging the "Reasonable Grounds" for the Stop

For a refusal charge to be upheld, the state must prove that the police officer had "reasonable grounds" to believe you were driving under the influence in the first place. If your attorney can prove that the officer pulled you over illegally-perhaps you were not actually speeding or swerving-the entire stop can be deemed unconstitutional. If the initial stop was illegal, everything that happened afterward, including the request for a breath test, may be dismissed. Precedents like State v. Jenkins, 673 A.2d 1094 (RI Supreme Court 1996) emphasize the importance of lawful stops and reasonable suspicion.

Failure to Read the "Rights for Use at Station" Form

Rhode Island law requires police officers to advise you of specific statutory rights at multiple stages. While the "Rights for Use at Scene" form covers basic warnings and your right to an independent medical examination under R.I. Gen. Laws § 31-27-3, officers at the police station must read the "Rights for Use at Station" form before requesting a chemical test. This form provides formal notice of the penalties for refusal under R.I. Gen. Laws § 31-27-2.1 and your statutory right to make a confidential phone call under R.I. Gen. Laws § 12-7-20. If the officer failed to properly read these forms or gave confusing or contradictory advice about the penalties, your lawyer can file a motion to dismiss the refusal charge.

Medical Conditions and Inability to Blow

Sometimes, a driver tries to take the breathalyzer but the machine registers a refusal because they did not provide enough air volume. If you have asthma, emphysema, or were experiencing extreme anxiety or a panic attack during the arrest, your lawyer can use medical records to argue that you did not willfully refuse the test, but were physically incapable of completing it.

Scenarios Involving Forced Blood Draws at Hospitals

In cases involving severe car accidents where you are taken to a hospital like Rhode Island Hospital in Providence, police might try to obtain a blood sample. Under normal circumstances, you still have the right to refuse a blood draw. However, if the police obtain a search warrant signed by a judge, they can legally force a blood draw. If blood was taken without your consent and without a warrant, an attorney will fight vigorously to have that evidence suppressed on constitutional grounds.

How Much Will This Cost?

The fines and fees for a civil refusal easily total $800 to $1,000. If you are granted a hardship license (allowing you to drive to work with an Ignition Interlock Device), you will have to pay the installation and monthly rental costs for the device, which average $80 to $100 per month. Hiring a defense lawyer for a Traffic Tribunal case generally ranges from $1,500 to $4,000, depending on the law firm and the specifics of your defense.

How Long Does the Traffic Tribunal Process Take?

Refusal cases move quickly. Your arraignment at the Traffic Tribunal will usually occur within a few weeks of your arrest. If you wish to contest the charge, a trial is typically scheduled within 2 to 4 months. Be aware that the judge has the authority to temporarily suspend your license at the very first hearing (the arraignment) while you wait for your trial date.

Frequently Asked Questions (FAQ)