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Should I Take The Breath Test?

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 it's not a crime to refuse there are civil consequences including loss of license. If you have had more than five drinks and you are definitely drunk, do not take the test. They will still have to prove that you are drunk and they still might be able to without the test. You will lose your license and pay a civil fine, but if they can't prove you were drunk you will not be convicted of a crime.

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 I Agree To Take A Chemical Test?
A: 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 … 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: 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