Breathalyzer Refusal

Have You Been Arrested for Breathalyzer Refusal in Rhode Island?

If you have have been arrested for refusing a breathalyzer test after being stopped and suspected of driving under the influence (DUI), then you need to consult an experienced rhode island DUI attorney immediately.

With a practice focused 100% on criminal defense, the rhode island Law Offices of John R. Grasso can provide you the experienced and proven legal counsel you need to defend yourself against the state prosecution. Do not risk your future with an inexperienced attorney fresh out of law school. Call the Rhode Island criminal defense attorney, John R. Grasso today.

What is a Breathalyzer Test in Rhode Island?

In Rhode Island, a DUI can be a serious offense with long-standing consequences.  Often times, the arresting officer will attempt to coerce you into submitting to a preliminary breath test (PBT) to determine whether you are under the influence of alcohol. In Rhode Island, the numeric result of a PBT is not admissible to prove a motorist’s blood alcohol concentration (BAC); however, the result of a PBT is admissible to prove that the officer had probable cause to arrest.

Like other field tests, PBT’s are used at the scene which means that the officer carries it with him or her. Police often do not regularly check the device for proper calibration. Police also often ignore the manufacturer’s suggested instructions for deploying a PBT in the field.

PBT’s are mechanical devices subject to failure for a variety of reasons. Be polite and tell the officer “No Thank You.”

What Should I Do if I am Stopped for a Suspected DUI?

When confronted with the police officer at your window, here’s what we suggest you do:

  • Be polite by using a lot of “Sir” or “Ma’am.”
  • Refuse to answer any questions or take any tests (e.g. “No thank you, sir”).
  • Don’t talk too much (the more you say, the more that can be used against you).
  • If you have sunglasses or prescription glasses, wear them. If the officer wants you to remove them, do not fight him but do not remove them yourself and do not give the officer consent to remove them.).
  • Ask if you are under arrest. If the officer tells you “No,” ask if you are free to leave. When the officer tells you are not free to leave, ask him why you cannot leave if you are not under arrest. If the officer tells you that you are not free to leave because he is going to issue a traffic citation, ask him nicely to issue the citation so you may leave. If the officer tells you he is investigating the possibility of DUI or any other criminal investigation, ADVISE HIM THAT YOU DO NOT INTEND TO ANSWER ANY QUESTIONS OR PERFORM ANY TESTS WITHOUT YOUR ATTORNEY PRESENT.
  • If the officer suggests that no attorneys are available at the time you are stopped, tell him that your attorneys are available and ask for permission to call the Rhode Island Law Offices of John R. Grasso at 401-272-4001. Our 24-hour answering service will put your call through to our office.

If you have been arrested and charged with a DUI or breathalyzer refusal, call the RI criminal defense attorney at the Law Offices of John R. Grasso.  Dedicated entirely to defending Rhode Island and Massachusetts citizens against criminal charges at the state and federal level, Attorney John R. Grasso can help you too.

Don’t hesitate any longer. Call the Law Offices of John R. Grasso today.

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