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RHODE ISLAND CRIMINAL DEFENSE BLOG

What is the implied consent law in Rhode Island?

Posted by Matthew Marin | Jul 20, 2017 | 0 Comments

In Rhode Island, when you are issued a drivers license you are impliedly consenting to take a chemical test if arrested on suspicion of DUI. A chemical test can be a breath test, a blood test, or both a breath test and a blood test. For out-of-state licensed drivers, by utilizing the roads and highways of the State of Rhode Island they also impliedly consent to chemical testing after an arrest for suspicion of drunk driving.

Specifically, Rhode Island law provides that any person who operates a motor vehicle within the state shall be deemed to have given his or her consent to chemical tests of his or her breath, blood, and/or urine for the purpose of determining the chemical content of his or her body fluids or breath. The implied consent law is enforced through the penalty for refusing to submit to a chemical test. 

While every person impliedly consents to chemical testing, the right of the Police to request a chemical test is not absolute. Prior to requesting that a motorist submit to chemical testing, Rhode Island law requires that the law enforcement officer have reasonable grounds to believe the person has been driving a motor vehicle in the State while under the influence of drugs and/or alcohol.

Some people are not subject to the implied consent laws in Rhode Island. Individuals, for medial or religious reasons, may file an affidavit with the DMV stating the reasons he or she cannot be required to take blood tests and a notation shall be made on his or her license.

If you have questions about Rhode Island's implied consent laws and how they interact with drunk driving charges and DUI investigations, contact Attorney Matthew Marin for experienced legal advice and representation. We are available 24/7 at 401-228-8271 and can schedule an appointment at either of our convenient Providence or Newport law office locations. We can also be reached by email at mm@matthewtmarin.com.

About the Author

Matthew Marin

My name is Attorney Matthew Marin. I have dedicated my career to defending those charged with criminal offenses throughout Rhode Island. If you have been arrested or are under investigation for a criminal offense, we understand that are likely in an unfamiliar situation that can be extremely intimidating and even paralyzing. You may feel as if you do not know where to turn or who to ask for help. Fortunately, you have come to the right place to begin your search for answers and a successful resolution to your situation. We have extensive experience assisting thousands of clients facing drunk driving charges, domestic violence charges, and drug charges throughout Rhode Island.

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Attorney Marin Named A Super Lawyers Rising Star Three Consecutive Years 2014-2016

Attorney Matthew Marin was named a Rhode Island Rising Star by Super Lawyers for 3 consecutive years from 2014 thru 2016. Each year, no more than 2.5 percent of the lawyers in Rhode Island are selected by the Research Team at Super Lawyers to receive this honor. Super Lawyers selects lawyers who have attained a high degree of peer recognition and professional achievement in their practice area.


Rhode Island Member of the National College for DUI Defense

Attorney Marin is a Rhode Island General Member of the National College for DUI Defense. Members represent some of the most experienced and cutting edge DUI defense attorney's throughout the Country. Nationwide, DUI laws are extremely complex and constantly changing and the College facilitates the exchange of innovative defenses throughout the Country.

NCDD National College for DUI Defense: Matthew Marin