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Breathalyzer Refusal – Know Your Rights!

Rhode Island DUI Lawyer.

CALL ATTORNEY SCHREIBER TODAY AT (401) 781-2000


We deal with cases including those where the client chooses to refuse a breathalyzer test.
It is almost automatic in Rhode Island that in the event one does NOT agree take a chemical or blood test, you will be charged with breathalyzer refusal AND DUI. That’s right, both charges. The refusal charge is a civil charge and jurisdiction lies in the Rhode Island Traffic Tribunal. Jurisdiction of a DUI charge is always in the District Court of Rhode Island and is a criminal charge. The first or second charge is a misdemeanor. The most distinctive element of the two charges is that there is a greater burden of proof in a criminal charge, that being “beyond a reasonable doubt” while the civil case requires “clear and convincing evidence.” One can NEVER be sentenced to prison in a refusal case because it is civil in nature.
When under suspicion of DUI or DWI, the on site officer may ask a subject to submit to a chemical test after undergoing a variety of field sobriety tests, these tests may show specific “clues” for which the Officer may ultimately conclude you may have been driving under the influence of alcohol or drugs. The officer has been trained by attending in law enforcement to recognize these clues. Your lawyer should have the same training to recognize when your rights are not being followed by the officer.
Before one even gets to the request by the officer to take a chemical test, commonly known as a breathalyzer to measure the blood alcohol content of the suspect, an experienced attorney should scrutinize the STOP, the reasons in the officer’s narrative report that he/she thought the subject may have been under the influence while driving and of course, the results of the field sobriety tests. If your lawyer can prove it was a defective stop, this could prove fatal to the State’s case and it should be dismissed. If he/she can prove the stop was valid but the observation results and/or the field sobriety tests did not show sufficiently there was reasonable suspicion to treat the subject was under the influence, the case should prove fatal and the matter should be dismissed. There is also a litany of PROCEDURAL REQUIREMENTS that if not adhered to could be fatal to the State’s case and the matter should be dismissed. A breathalyzer refusal (and particularly repeat refusals) must be handled by an attorney who is effective, knowledgeable, and persistent. Kenneth Schreiber will aggressively protect your rights after refusing a breathalyzer and is available 24/7.
 

It is important for those refusing a breathalyzer to have a well practiced RI DUI lawyer like Kenneth Schreiber as representation. Contact Kenneth Schreiber at 401-781-2000 for your free consultation today!

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