A debate arose recently in front of the State Supreme Court over whether new, harsher penalties for drivers who refuse Breathalyzer tests are valid of if they were actually made void when the governor signed a budget bill containing the law’s old language.
The new law, signed by the General Assembly in 2006, doubled the minimum license suspension to six for first offenses and it made subsequent offenses criminal rather than civil. The law stated that second time offenders could serve up to six months in prison, fines of up to $1,000 and up to 100 hours of community service.
Before the law was passed, 85% of Rhode Islanders pulled over under the suspicion of drinking and driving refused a Breathalyzer test. This is nominally higher than the national average of 25%.
If you were arrested for a DUI and refused a Breathalyzer test, contact the Rhode Island DUI Attorney James Powderly at 401-662-9006 to discuss your case and legal options.
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