Chemical Test Refusal in Rhode Island
An Experienced and Aggressive Rhode Island Criminal Defense Lawyer
If you have been arrested and charged with refusal to submit to a chemical test, and most likely a DUI also, it is important that you contact an attorney right away. Under Rhode Island law, 31-27-2.1 a judge or magistrate at the traffic tribunal or district court will most likely suspend your license at your first court appearance. If your license is suspended in the beginning, your license will be suspended throughout the duration of your case. You need an experienced criminal lawyer to make an argument against a preliminary suspension and then fight to get the refusal dismissed.
Contact a Rhode Island Criminal Lawyer to get sound legal advice
The penalties for a chemical refusal charge are as follows:
- six to twelve month loss of license
- fine of $200 to $500
- ten to sixty hours of community service
- DUI school and or alcohol counseling
By hiring an experienced Rhode Island DUI attorney, that attorney will be able to review all the reports, certifications and discovery materials and make a strong case for the motorists. The charge of refusal must be proved by clear and convincing evidence. The State has the burden to prove all elements of the refusal charge by that standard.
A Rhode Island Criminal Attorney is important to your case
The State must be able to show that there was reasonable suspicion to stop you, probable cause to arrest you, reasonable grounds to ask you to submit to a chemical test, that you made a knowing and voluntary refusal, that rights for use at scene were read, rights for use at station were read, that you were informed of your right to an independent medical exam and many other items.
Second offense refusal charges within five years, are now handled in District Court and is a misdemeanor charge. The penalties include:
- up to six months in jail
- $600 – $1000 fine
- one to two year loss of license
- 60 to 100 hours of community service
- dui school and or alcohol counseling
The Law Offices of Stefanie A. Murphy has handled many refusal cases successfully along with the driving under the influence case.