RI Breatherlizer Refusal Lawyer

Breathizer refusal can lead to harsh penilies

Michael J. Zarrella, Esq

Law Office Address:

127 Dorrance Street

Providence Rhode island 02903

Cell: 401-523-5271

Office 401-490-6820

Fax: 401-490-3207

MJZarrella@gmail.com

DUI Defense Blog

Rhode Island's best DUI blog

Attoney Michael Zarrella's blog is very informative with respect to DUI law, criminal defense and many of the trends in the Rhode Island judical system. Lawyers often read attorney Zarrella's blog to keep abreast of recent updates in the law.


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Rhode Island Refusal Lawyer

A Breathalyzer Refusal charge under Rhode Island law can have a major impact on you live and livleyhood.

Breathalyzer refusals and blood test refusals

When the police arrests a personfor the crime of driving under the influence in Rhode Island, they will almost always ask the person to submit to a breath or blood test. If a person refusaes to take a breath or blood test that person can be charged with a refusal based on Rhode Island's "implied consent law."

Although a first offense refusal is not criminal in nature, it can have lasting reprecusions on a person's life if convicted. Under Rhode Island law, there are many ways to beat a refusal. A good DUI lawyer can find the problems in a breath test refuslal case and use that to obation a disnissel or a very facorable disbosition. THe lawyer you high can greatly incresses your chance of winning you refusal case or obtain a favorable disposition. Attorney Michael Zarrella has been winning DUI and refusals cases for over 20 years. He know numerous defense to DUI and refusal cases. Many of Attorney Zarrella clients get there DUI or refusal charges dismissed. Many his clients never lose the ability to drive to work, because he is able to obtain a minume suspendetion and a hardship license. Do not hestite, call Attorney Michael Zarrella now.

Rhode Island Cemical Test Refusal Penalties

First Offense Refusal (to be heard at Rhode Island Traffic Tribunal)

  • Non criminal/Civil violation;
  • $200.00 - $500.00 fine;
  • 60 to 100 hours community service;
  • Six (6) to twelve (12) months suspension of your license;(interlock option)
  • DUI School or alcohol counseling;
  • SR-22 insurance for three years;
  • Assessments

Interlock option: If the court orders the installation of an ignition interlock device, the penalty for suspension of license can be reduced to as short as a 30 day period. In addition, the defendant may be able to receive a hardship license during his suspension to allow him to drive for work purposes. Leanth of interlock 6 months to 2 years.

Second Offense Refusel (to be heard in District Court)

  • Misdemeanor conviction;
  • Up to six (6) months imprisonment;
  • $600.00 to $1,000.00 fine;
  • 60 to 100 hours community service;
  • One (1) to two (2) years suspension of your license;(interlock option)
  • SR-22 insurance for three years;
  • Alcohol counseling; and
  • Assessments.

Interlock option: If the court orders the installation of an ignition interlock device, the penalty for suspension of license can be reduced to as short as a 60 day period. No hardship license. Leanth of interlock 1 year to 4 years.

Third Offense Refusal (to be heard in District Court)

  • Misdemeanor conviction;
  • Up to one (1) year imprisonment;
  • $800.00 to $1,000.00 fine;
  • 100 hours community service;
  • Two (2) to five (5) years loss of suspension of your license;(interlock option)
  • SR-22 insurance for three years;
  • Alcohol counseling; and
  • Assessments.

Interlock option: If the court orders the installation of an ignition interlock device, the penalty for suspension of license can be reduced to as short as a 90 day period. No hardship license. Leanth of interlock 2 years to 10 years.

A first refusal charge can often lead to criminal charges in the future.

Although a first offense refusal is not criminal in nature, it can have lasting reprecusions on a person's life if convicted. If you plead to a first offense Rhode Island refusal charge, it does not give you a criminal record. However, many people end up with criminal charges because a second offense is criminal in nature. In addition, if you are court driving on a suspended license because of your refusal you are looking at criminal charges and often manitory jail. Remember, under Rhode Island law, there are many ways to beat a refusal. Do not take chances on you future. Call DUI Attorney Michael Zarrella now.

Refusal cases are more difficult to win then DUI case but they can be won.

Many of the defense that work in a DUI case can also work in a refusal case. However a refusal case, being a non-criminal charge, has a lower standed of proff then a DUI charge. In a DUI case the defendant enjoys many constitutional right, such as, the presumtion of inersence, the right to a jury trial, and the right to have the State prove the charge beyond reasonable doubt. These rights or not afforded in a refusal case. That being said, they are many defense that do work in a refusal case.The state still had the burden of proving the case, and much of the evidence such as the stop, the SFST, and the police credenials can still be challenged.

Common refusal defenses.

  • No probable cause for law enforcement stopping the vehicle
  • Unclear or no reading of right for use at the scean
  • Unclear or no reading of right for use at the station
  • Police lacked probale cause to ask the driver to take a cemical test
  • The police did not afford an opportunity for the defedant to call an attorney the time of detention
  • The police did not afford a privacy call with the attorney to keep matters confidential
  • The police failure to advise the defendant of his or her right to independent physical examination
  • The is no sworn affidavid to the refusal.
  • The state can not prove operation