What Happens If I Agree To Take A Chemical Test?
As previously stated, most police departments use breath testing equipment to test the amount of alcohol in a person's blood. The machines test the amount of alcohol a person has in his or her lungs, and make a mathematical computation to convert breath alcohol to blood alcohol. If you agree to take the test the police will have a certified breath test operator utilizing certified breathtesting equipment. The breath test consists of two phases, that is, two separate readings are taken at least 30 minutes apart. If your bloodalcohol content (BAC) level is . 1 0 or greater, the police have strong rebuttal evidence of your guilt of driving under the influence. At trial, the court is allowed to draw the inference that BAC at the time you were driving was the same as when the test was administered. If you agree to take the breath test, the police must advise you of your right to have an additional test taken at your own expense, and the police must give you reasonable opportunity to exercise this right. In addition, in both refusal cases and in drunk driving cases, the police must advise you immediately after your arrest of your right to be examined by a physician of your choosing at your expense.
Other Rhode Island Drunk Driving Defense FAQs
-
Q:
What Constitutes drunk "Driving"?
A: Driving under the influence of alcohol, as it is usually called, is probably one of the most commonly committed crimes. Yet, the crime is often committed by … More -
Q:
Can I Be Charged If I Am In A Parking Lot
A: A person may be convicted for operating or driving a vehicle anywhere in the state. It is conceivable that someone could be convicted for driving under the influence … More -
Q:
What Is The Per Se Law?
A: Under Rhode Island's drunk driving law, a person can also be found guilty of driving under the influence if at the time of driving, he or she had a blood alcohol … More -
Q:
What Happens If I Am Stopped By The Police For Driving Under The Influence?
A: If a police officer has reasonable grounds to believe that you are operating a motor vehicle while under the influence of an intoxicating liquor, he/she may ask you to … More -
Q:
What Happens If I Refuse To Take A Chemical Test?
A: In Rhode Island, anyone who operates a motor vehicle is deemed to have given his/her consent to take a chemical test if a police officer reasonably believes that … More -
Q:
Can I Be Prosecuted Both Criminally And Administratively?
A: Some police departments are satisfied with an administrative conviction for refusal to submit to a chemical test. Other police departments prosecute criminally for … More -
Q:
What Happens If The Readings Indicate That I Am Intoxicated?
A: In Rhode Island chemical test readings of .10 or more are sufficient, without any further evidence, to sustain a conviction for driving under the influence of alcohol. … More -
Q:
What Happens If I Am Found Guilty Of Driving Under The Influence?
A: Driving under the influence is a criminal offense. The minimum penalties for driving under the influence are as follows: A. a fine of $100$300; B. 1 0 to 60 … More -
Q:
Should I Take The Breath Test?
A: That depends! Have you been drinking? If you haven't had a drop by all means take the test when asked. If you fail to do so you will be charged with refusal. Although … More -
Q:
What Do I Say If I'm Asked If I've Been Drinking?
A: If you tell the officer that you have had anything at all to drink then you will probably be asked to take a breath test. Therefore the answer is NO! If you are asked … More
Arrested? Know Your Legal Rights
Featured Rhode Island DUI Law Firm
Call 866-292-1631
Free Consultation
Or click here to email us