Breathalyzer and Field Sobriety Test Issues in Rhode Island

What This Charge Means


Much of a Rhode Island DUI case can come down to testing — how a breath test was administered and whether field sobriety tests were given correctly. These are often the most challengeable parts of a case.

Attorney Leah J. Boisclair examines how testing was conducted and whether the results are reliable.

Rhode Island Law: §§ 31-27-2, 31-27-2.1


Breath and chemical testing in Rhode Island connects to the DUI statute, § 31-27-2, and the refusal statute, § 31-27-2.1. Breath-testing devices must be properly maintained and operated, and there are procedures — such as an observation period before testing — that affect reliability. Standardized field sobriety tests must also be administered correctly to be meaningful.

Statutes and penalties can change. An attorney can confirm the current law and how it applies to your specific charge.

Not Sure How §§ 31-27-2, 31-27-2.1 Applies to Your Case?

Every DUI and traffic case turns on its own facts. Attorney Leah J. Boisclair can review your charge and explain your options in plain English.

What the State May Need to Prove


When the state relies on a breath test, it generally must show the device was functioning properly, that procedures were followed, and that the operator was qualified. For field sobriety tests, how the tests were administered and scored affects how much weight they should carry.

Common Situations


Potential Penalties & Consequences

  • These issues affect a DUI or refusal case rather than being a separate offense
  • Successful challenges can affect the strength of the state's evidence
  • Outcomes depend on the underlying DUI or refusal charge

Possible Defense Considerations

  • Breath-test calibration, maintenance, and operator certification
  • Whether the required observation period was followed
  • How standardized field sobriety tests were administered and scored
  • Medical or physical conditions that can affect results
  • Whether the traffic stop or detention was lawful
  • Whether the state can prove operation and, where relevant, impairment
  • How any tests were administered, calibrated, and interpreted
  • Procedural, evidentiary, and chain-of-custody issues

No outcome can be guaranteed. The right approach depends on the specific facts; an attorney can review how the law may apply to your situation.

Protect Your License and Your Record

Traffic and DUI consequences can follow you for years. The sooner you have an attorney, the more can often be done to protect your rights.

Related Charges


Why Early Legal Help Matters


DUI and traffic cases often turn on details — how the stop happened, how testing was administered, and whether procedures were followed. Speaking with an attorney early can help protect your license and your rights, preserve challenges, prepare you for court, and avoid missteps that can affect the outcome.

Frequently Asked Questions


Can a breathalyzer result be challenged?

Yes. Breath-test results can be questioned based on calibration and maintenance of the device, whether procedures such as the observation period were followed, and operator certification.

Do I have to do field sobriety tests?

Field sobriety tests raise different considerations than chemical tests. How they are administered affects their reliability; an attorney can review how the tests were conducted in your case.

Can this charge be reduced or dismissed?

Every case is different. Depending on the stop, the evidence, and the facts, there may be issues worth raising, and some matters can sometimes be reduced or resolved another way. No outcome can be guaranteed; an attorney can review your options.

Will this affect my driver's license?

Many DUI and traffic matters carry license consequences, such as suspension or an ignition interlock requirement. The specifics depend on the charge and your record; an attorney can explain what may apply.

What should I bring to a consultation?

Bring any paperwork you received — the citation or summons, any police report or arrest paperwork, your court date notice, and any documents from the DMV or Traffic Tribunal. These help an attorney understand your situation quickly.

Does Attorney Boisclair handle Traffic Tribunal cases?

Yes. Attorney Boisclair represents drivers at the Rhode Island Traffic Tribunal and municipal court and co-chairs the Traffic Tribunal Bench/Bar Committee.

Explore More Rhode Island DUI & Traffic Resources


Related DUI and traffic pages for more help:

Criminal defense by Rhode Island county:

Facing a DUI or Traffic Charge in Rhode Island?

Speak with Attorney Leah J. Boisclair about your situation. Consultations are confidential, and early guidance can make a real difference.

This page is for general informational purposes only and does not create an attorney-client relationship. Rhode Island traffic and criminal laws can change, and the outcome of any case depends on the specific facts and circumstances. If you are facing a charge, speak with a qualified Rhode Island attorney about your situation.