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 [email protected].