Breath Test Refusals

What Happens If You Refuse The Breath Test?

Refusing a breath test can result in a six month drivers’ license suspension and may hurt your DUI defense strategy. Our experienced DUI/DWI defense attorneys can help you fight this problem by striving for a dismissal or reduction of the charges.

Comerford & Saccoccio is a dedicated law firm providing strong DWI defense to people in Providence and throughout Rhode Island. If you are facing charges for refusing a breath test, we can get to work immediately to reduce the negative impact this could have on your life and your future. You can trust your case to our lawyers. Schedule a free initial consultation and get started today: 401-354-7256 or toll free 877-417-3521.


Believe It Or Not, You Already Agreed To Submit To Tests

When you obtained your Rhode Island driver’s license, you gave consent to submitting to breath, blood and urine tests if you are arrested for drunk driving. The arresting police officer can request blood, breath and urine tests. Refusal of any of the tests, including a Breathalyzer test, can result in penalties such as:

If you did refuse a breath test, it may be seen as an admission of guilt – the prosecution can use this against you.

Whether you refused or submitted to a breath test, our law firm is well-equipped to handle your defense, protect your rights, keep you out of jail and help maintain your driving privileges.


In Some Cases, Hardship Licenses Are Available

If your license is suspended, yet you need to be able to drive to work or for other reasons, you may be able to request a hardship license. If the court agrees to grant you a hardship license, however, it will be dependent on having an ignition interlock device installed in your vehicle.

An ignition interlock device is a small gadget that is hardwired into your car’s ignition. In order to start the car, you will have to breathe into the device. It will automatically analyze your breath sample for traces of alcohol. If it detects alcohol, it will not allow your car to start.

As you drive, the ignition interlock device will periodically demand additional breath samples. If at any point you fail the test, the car’s engine will stop. The incident will also be reported.

Let Us Start Developing A Defense Strategy For You Today

Please contact our firm at 401-944-1600 to schedule a free initial consultation with attorneys David Comerford and Frank Saccoccio.