Call 401-781-2000 Today. Breathalyzer refusal Lawyer.
We deal with cases including those where the client chooses to refuse a breathalyzer test.
It is almost automatic in Rhode Island that in the event one does NOT agree take a chemical or blood test, you will be charged with breathalyzer refusal AND DUI. That’s right, both charges. The refusal charge is a civil charge and jurisdiction lies in the Rhode Island Traffic Tribunal. Jurisdiction of a DUI charge is always in the District Court of Rhode Island and is a criminal charge. The first or second charge is a misdemeanor. The most distinctive element of the two charges is that there is a greater burden of proof in a criminal charge, that being “beyond a reasonable doubt” while the civil case requires “clear and convincing evidence.” One can NEVER be sentenced to prison in a refusal case because it is civil in nature.
It is important for those refusing a breathalyzer to have a well practiced RI DUI lawyer like Kenneth Schreiber as representation. Contact Kenneth Schreiber at 401-781-2000 for your free consultation today!