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Related DUI Resources
Explore these contextual links for more on DUI topics:
- Rhode Island DUI Lawyer – Overview of our DUI defense services and experience.
- RI DUI Penalties Details – Comprehensive breakdown of fines and suspensions.
- RI Chemical Test Refusal Penalties – Risks and defenses for test refusals.
- First offense DUI charges in RI – What to expect if it is your first time facing a DUI charge.
- Rhode Island Drug & Controlled Substance DUI Lawyer – Defense for drug DUI charges involving prescription medication, marijuana, and other controlled substances.
- What Happens at a Rhode Island DUI Arraignment? – What to expect at your first court appearance after a DUI arrest, including charges, bail, and next steps.
- What Happens at a Rhode Island DUI Pre-Trial Conference? – What to expect after arraignment, including discovery review, scheduling, and next legal steps.
- Second offense DUI charges in RI – What happens if it’s not your first time.
- Felony DUI charges in RI – Severe cases with higher stakes.
- Rhode Island DUI trials – Understanding the trial process and defenses.
- Failed blood tests in RI DUI cases – Challenges to blood test evidence.
- Field sobriety tests in RI DUI cases – Validity and common challenges.
- Conditional hardship licenses in RI – Driving options during suspension.
- DUI expungement in Rhode Island – Clearing your record after conviction.
- RI DUI FAQs – Answers to common questions.
Updated June 2026 by Matthew T. Marin, Esq. (NCDD member, Super Lawyers 2014+, landmark wins in State v. Corcoran (2022)) and Stefanie A. Murphy, Esq. (lead author of A Practical Guide to Trying DUI Cases in RI, 2nd Ed., RI Police Academy lecturer on DUI defense).
A preliminary breath test is a portable handheld device utilized by some Police Departments in Rhode Island (but not all). It is most commonly utilized during roadside DUI investigations, and it measures an individual’s blood alcohol content by testing deep lung air. The portable devices are generally accurate and typically admitted into evidence at the Rhode Island Traffic Tribunal and the Rhode Island District Courts. Violations for refusing to submit to a preliminary breath test are prosecuted at the Rhode Island Traffic Tribunal.
Should I take a Preliminary Breath Test in Rhode Island?
In my opinion and experience, the Rhode Island law relating to the PBT makes this question easy to answer. If you think there is a chance that you may be over the legal limit of 0.08, you should absolutely refuse to submit to the roadside preliminary breath test referred to as the PBT. If you refuse to submit to a preliminary breath test, you will be citied with a violation Rhode Island General Law 31-27-2.3. If convicted of refusal to submit to a preliminary breath test you will be subject to an $85 traffic violation.
On the other hand, if you submit to a preliminary breath test the results of that test can and will be used against you at a possible trial on the charge of driving under the influence (DUI) if your test results indicate that you are over the legal limit of 0.08. This PBT result is critical evidence that can help the police to establish probable cause justifying your arrest for DUI.
How can the Preliminary Breath Test results be used in a DUI trial?
If you have been arrested and charged with driving under the influence (DUI) in Rhode Island and you submitted to a roadside breathalyzer, the results of that test can and will be used against you as evidence in your DUI trial. Generally, a skilled Rhode Island DUI trial lawyer will be able to limit the ability of the prosecution to use the test at trial. The results of the test cannot be used to prove, beyond a reasonable doubt, that you were driving under the influence. Furthermore, a competent DUI attorney should be able to exclude from introduction into evidence the actual results of the test and limit the use of the test as pass/fail only. This means that the trier of fact, either a jury or judge, should not consider the “reading” in deciding guilt or innocence.
Are the Preliminary Breath Test Results accurate and admissible?
The results of a roadside breathalyzer test are not always accurate or admissible. There are a number of legal hurdles that the prosecution must satisfy prior to the results being admitted into evidence. First, the officer administering the test must be currently certified as a breathalyzer operator by the Rhode Island Department of Health. Second, the preliminary breath test machine must have been tested and comply with the Rhode Island Department of Health breath testing protocols. There are numerous legal challenges to the admissibility of the results of the preliminary breath test. If you need legal advice or representation, contact Attorney Matthew Marin at 401-228-8271.
Refusal to Submit to a Preliminary Breath Test Violation – R.I.G.L. 31-27-2.3
Information and Sources:
Rhode Island General Laws – Refusal to Submit to a Preliminary Breath Test
Rhode Island Department of Health – Breathalyzer Rules and Regulations
Protect Your Future with Experienced Rhode Island DUI Defense Attorneys
Facing a DUI charge in Rhode Island is an overwhelming experience, especially when it involves a Preliminary Breath Test (PBT). Whether you’re unsure about the test’s accuracy or its impact on your case, the attorneys at Marin & Murphy Law Firm are here to help. Our experienced DUI defense team has a deep understanding of Rhode Island DUI laws and can provide the aggressive legal representation you need. Don’t leave your future to chance—call us 24/7 at (401) 228-8271 for a free consultation.
Meet Our Experienced Rhode Island Drunk Driving Defense Attorneys
MATTHEW T. MARIN, ESQ.
PARTNER
- Successfully argued for suppression of breath test results in landmark 2015 Rhode Island District Court cases (including State v. Zimmerman), challenging the adequacy of the state’s DUI Rights for Motorists form— leading to multiple judicial rulings finding the form misleading and ultimately prompting the Rhode Island Attorney General’s Office to revise the form statewide to better inform motorists of their rights under amended DUI laws
- Through a firm associate, successfully argued and prevailed in the Rhode Island Supreme Court case State v. Corcoran (R.I. 2022), affirming the suppression of incriminating statements in a DUI investigation—establishing key precedent that roadside questioning after a collision and failed sobriety tests constitutes custodial interrogation requiring Miranda warnings, significantly strengthening protections for defendants in impaired driving cases statewide. Successfully argued by Attorney Marin in the Washington County Superior Court.
- Member of the prestigious National College for DUI Defense (NCDD)
- Handled thousands of DUI cases, focusing on breath, blood, and urine test challenges
- Selected to Super Lawyers every year since 2014 | National Trial Lawyers Top 100
- Avvo Rating: 10.0 “Superb” | Martindale-Hubbell: AV Preeminent
- Featured in Rhode Island Bar Journal articles on DUI defense strategies
- Admitted to the Rhode Island Supreme Court (2008) and U.S. District Court for Rhode Island
- Deep expertise in 2025 RI DUI law changes, including the expanded 10-year look-back period
STEFANIE A. MURPHY, ESQ.
PARTNER
- Lead editor and contributing author of the authoritative A Practical Guide to Trying DUI Cases in Rhode Island (2nd Edition 2024, MCLE New England), a comprehensive legal resource offering in-depth analysis, practical guidance, current case law, statutory authorities, sample pleadings, checklists, and proven strategies for defending and prosecuting DUI cases in Rhode Island—essential for attorneys navigating complex drunk driving litigation in the state
- Invited by the Rhode Island Municipal Police Training Academy to lecture and demonstrate DUI trial practice and defense strategies to incoming municipal police recruits—sharing in-depth knowledge of Rhode Island DUI prosecution and defense tactics with future law enforcement officers statewide, underscoring her recognized expertise in impaired driving litigation
- Extensive courtroom experience defending DUI and serious criminal charges including Second Offense DUI Charges and Felony DUI Charges
- Focus on achieving charge dismissals and reductions for clients
- Avvo Rating: 10.0 | Martindale-Hubbell Peer Rating: 4.6/5.0
- Recognized for outstanding results across a broad spectrum of criminal cases
- Expertise in 2025 RI DUI law updates and aggressive trial representation
- Advanced training in criminal defense and DUI litigation
- Admitted to the Rhode Island Supreme Court (2004) and U.S. District Court for Rhode Island
