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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.
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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.

  • R.I. Gen. Laws § 31-27-3

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.

  • Birchfield v. North Dakota
  • Missouri v. McNeely

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)
  1. R.I. Gen. Laws § 31-27-2.1 — Refusal to submit to chemical test
  2. R.I. Gen. Laws § 31-27-2.3 — Revocation of license upon refusal to submit to preliminary breath test
  3. R.I. Gen. Laws § 31-27-3 — Right of person charged with operating under influence to physical examination
  4. Birchfield v. North Dakota, 579 U.S. 438 (2016) — A breath test may be taken incident to arrest, a blood draw needs a warrant
  5. 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.

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Walked through

This section is the long version of a step in one walkthrough. Each one takes the same law one decision at a time, with both sides of the moment written out.