The DUI Stop
R.I. Gen. Laws § 31-27-2.1 — implied consent, a civil refusal, a doctor of one's own choosing, and a breath test at the roadside
- A driver the officer believes is under the influence may be required to take a preliminary breath test, which guides the arrest decision and is not evidence at trial.
- Anyone who drives in Rhode Island is deemed to have consented to chemical tests of breath, blood, saliva or urine.
- A person charged with driving under the influence has the right to be examined immediately, at their own expense, by a physician of their choice.
If a person under arrest refuses the chemical tests, none is given. Refusing the preliminary breath test is a separate infraction, with a defense where a medical condition prevented it.
A first refusal. A fine of $200 to $500, ten to sixty hours of community restitution, a license suspension of six months to one year, and a course on driving while intoxicated or treatment.
The arresting officer must tell the person of the right to a physician's examination and allow a reasonable opportunity to use it, and at trial the prosecution must prove that was done.
Testing is also limited by the Fourth Amendment. The Supreme Court of the United States has held that a breath test may be taken without a warrant as part of a lawful arrest for drunk driving and a blood test may not; that a driver may not be criminally punished for refusing a blood test where no warrant was obtained; and that the natural fall of alcohol in the blood does not by itself create an emergency excusing a warrant in every case, which is decided case by case on all the circumstances. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
A refusal with earlier offenses inside ten years carries larger penalties. A particular stop is a question for a licensed Rhode Island attorney.
Sources for this section (5)
- R.I. Gen. Laws § 31-27-2.1 — Refusal to submit to chemical test
- R.I. Gen. Laws § 31-27-2.3 — Revocation of license upon refusal to submit to preliminary breath test
- R.I. Gen. Laws § 31-27-3 — Right of person charged with operating under influence to physical examination
- Birchfield v. North Dakota, 579 U.S. 438 (2016) — A breath test may be taken incident to arrest, a blood draw needs a warrant
- Missouri v. McNeely, 569 U.S. 141 (2013) — The natural fall of blood alcohol is not by itself an emergency justifying a warrantless draw
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Rhode Island attorney.