Rhode Island Drunk Driving Law

Drunk driving offenses are some of the most common criminal offenses in the state of Rhode Island.  For the most part, offenses are misdemeanors, with sentences governed by R.I. General Laws s.  31-27-2.

In Rhode Island, there is a statutory right to decline to take a Breathalyzer test.  Declining to take the test however usually results in suspension of the driver’s license automatically, before any guilty judgment.  Refusing to take a Breathalyzer test for the first time is a civil (not criminal) offense.  When someone has agreed to take a Breathalyzer test, the police and prosecutors must bring a case against a defendant in order for the license to be suspended.  If the person voluntarily consented to take a Breathalyzer test, results can be used against the defendant in a court case.