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.