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Can I choose my chemical test, or do I have to take the test the officer requests?

Posted by Matthew Marin | Oct 24, 2017 | 0 Comments

In Rhode Island, there are three types of chemical tests that the Police can lawfully request that you submit to. Those tests include breath, blood, and urine. Practically speaking, the Police typically utilize breath tests and blood tests.

The Rhode Island DUI law does not permit the motorist to choose which of the two tests they would prefer to submit to. When the Police, having reasonable grounds to believe that an individual has been driving under the influence, requests that an individual submit to a blood or breath test the motorist retains the right to either submit to the test or refuse to submit to the test.

In most cases, if a motorist requests to submit to a different type of test (i.e. blood vs. breat, or vice versa) the Police will give the motorist one more opportunity to take the test requested prior to deeming the motorist to have refused the chemical test.

Obviously, most people in this situation do not know and are not made aware that at the Police Station, the police only have the capability to provide a chemical breath test. To conduct a chemical blood test, the motorist would need to be transported to a local hospital where a registered nurse could conduct the blood draw.

Therefore, when a police officer requests that a motorist submit to a chemical test the motorist retains the absolute right to refuse the test or consent to the test. But, the motorist does not have the right to choose which chemical test he or she would prefer to take; they simply have the right to consent or refuse to consent to the test as requested.

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 SuperLawyer for Eight Consecutive Years 2014-2021

Attorney Matthew Marin has been named a Rhode Island SuperLawyer for 9 consecutive years from 2014 thru 2022. 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 Members of the National College for DUI Defense

Attorneys Marin and Barrett are both Rhode Island General Members 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.