Any person who operates a motor vehicle within the State of Rhode Island is deemed to have given his or her consent to chemical tests of his or her breath, blood, and/or urine for the purpose of determining the chemical content of his or her body fluids or breath. For the Prosecution to successfully prove a refusal to submit to a chemical test case in Rhode Island against a suspected drunk driver the State must establish the following:
That there was reasonable suspicion to stop the suspected drunk driver’s vehicle. This is usually based on traffic infractions. Anonymous tips alone that a driver may be operating his/her vehicle while intoxicated is not enough for a valid vehicle stop;
That the suspected drunk driver was afforded a reasonable opportunity to have a physical examination by a physician selected by him/her;
That the suspected drunk driver had been informed of the penalties incurred as a result of noncompliance with the refusal statute; and
That the suspected drunk driver refused upon the request of the law enforcement officer to submit to the chemical test.
If you have been charged with DUI and/or Refusing to Submit to a Chemical Test, I encourage you to call my office for a confidential personal consultation with me.