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In Rhode Island, refusing a chemical test after a DUI arrest is handled separately from the DUI itself. Under R.I. Gen. Laws § 31-27-2.1, a refusal is generally a civil violation heard at the Rhode Island Traffic Tribunal, with its own license consequences.
A refusal and a DUI can both be at issue from the same stop. Attorney Leah J. Boisclair can review whether the requirements for a refusal were met.
Under § 31-27-2.1, a first refusal is generally a civil Traffic Tribunal matter that can carry a license suspension (commonly six months to one year, or an ignition interlock option), a fine, community service, and a required DUI course. To sustain a refusal, the state must generally show the officer had reasonable grounds, that you were under arrest, that you were informed of your rights and the consequences, and that you refused.
Statutes and penalties can change. An attorney can confirm the current law and how it applies to your specific charge.
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.
The Traffic Tribunal generally must find that the officer had reasonable grounds to believe you were driving under the influence, that you were under arrest and asked to take the test, that you were properly advised of your rights and the penalties for refusal, and that you refused.
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.
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.
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.
Yes. A chemical-test refusal is handled under section 31-27-2.1, usually as a civil Traffic Tribunal matter with its own license consequences, and it can be at issue alongside a DUI from the same stop.
A first refusal commonly carries a suspension in the range of six months to one year, sometimes with an ignition interlock option. The exact outcome depends on the facts and your record.
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.
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.
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.
Yes. Attorney Boisclair represents drivers at the Rhode Island Traffic Tribunal and municipal court and co-chairs the Traffic Tribunal Bench/Bar Committee.
Related DUI and traffic pages for more help:
Criminal defense by Rhode Island county:
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.