Implied Consent Laws
When a person suspected of driving under the influence of alcohol is pulled over, they may be required to take a chemical test to objectively determine their blood alcohol content (BAC). These tests include breathalyzer, blood, and urine tests. Refusing to submit to a chemical test is a criminal offense in Rhode Island, and refusal can lead to penalties such as jail time and, most commonly, license suspension or revocation.
If you or someone you know has been arrested for refusing to submit to a chemical test, it is important that you have experienced legal representation to ensure that your rights are not violated. Contact Rhode Island DUI defense lawyer James Powderly, at 401-662-9006 to discuss your case with a qualified legal professional.
Penalties for Violating Implied Consent Laws
Implied consent laws were designed to provide a strong incentive for individuals suspected of driving drunk to submit to chemical tests. Failure of such a test is strong objective evidence of a criminal offense, while lack of such a test makes DUI or DWI prosecution much more difficult. Therefore, refusing to submit to chemical tests can result in the following penalties:
- First refusal – fines of up to $500, license suspension for up to 1 year, and up to 60 hours community service
- Second refusal – fines of up to $1,000, up to 6 months jail time, license suspension up to 2 years, and up to 100 hours of community service
- Third refusal – fines of up to $1,000, up to 1 year in jail, license suspension up to 5 years, and a minimum of 100 hours community service
The principle underlying these penalties is that by accepting a driver’s license and traveling on public roadways, an individual is implicitly giving consent to abide by the laws and granting the authority to administer the needed tests.
Contact Us
If you have been arrested for refusing to submit to a chemical blood alcohol test, contact Rhode Island DUI attorney James Powderly at 401-662-9006 for the committed and vigorous legal representation that you are due.
