The Consequences of Breathalyzer Test Refusal

Many people are not aware that you can choose not to take a breathalyzer test. There are certainly consequences to refusing to take a breathalyzer test, but oftentimes the benefits outweigh the consequences in these sorts of situations.

What Can Happen When a Breathalyzer Test is Refused

IN RI

Refusing to take a breathalyzer test can result in a number of things. First off, you are likely to loose your license on the spot. A series of legislations passed in the 1980s called administrative licensing actions made it legal for an officer of the law to suspend a driver's license on the spot for refusing to take tests intended to test blood alcohol levels-like the breathalyzer test. Officers also have the choice of arresting you under suspicion if you refuse to take the test.

The officer may also decide to let you go, but charge you with breathalyzer refusal. This charge has a number of different consequences which vary according to the number of time the offense occurs.

A first time offense for refusal means that you may face:

• 0-0 in fines

• Community service for 10-60 hours

• A suspended license for six months to one year

• A Highway Safety Assessment and the possible enrollment in a driving school and/or an alcohol treatment program

• A 0 fee to support the department of health's chemical testing programs

For a third offense within five years, you may face:

• 0-,000 in fines

• Suspended license for 1-2 years

• 60-100 hours of community service

• Mandatory alcohol or drug treatment

• A Highway Safety Assessment

• A 0 fee to support the department of health's chemical testing program

Refusing to do a breathalyzer test may be worth it if the other option is a possible criminal charge.

To find out more about breathalyzer refusal, visit the website of the Rhode Island DUI defense attorney James Powderly today.

The Consequences of Breathalyzer Test Refusal

James Witherspoon

IN RI