Rhode Island DUI law imposes a civil penalty for a first offense refusal to submit to a breathalyzer test. If a motorist refuses a breathalyzer for a second time within five years, the current law imposes a criminal penalty.
However, this law can be challenged on a number of grounds. First, a strong argument can be made that a court cannot enhance a sentence based on a civil finding that is not proven beyond a reasonable doubt. In a case called, Apprendi v. New Jersey, 530 U.S. 466 (2000), the United States Supreme Court held that the that due process clause of the Fourteenth Amendment requires that any factor that increased the maximum penalty for an offense must be charged in an indictment and submitted to a jury and proven beyond a reasonable doubt. An exception to this rule is a prior conviction. However, a First Offense Refusal to Submit to a breathalyzer test should not constitute a prior conviction because a motorist charged with a breathalyzer refusal does not have a right to a jury trial and the State does not have to prove the case beyond a reasonable doubt but only by clear and convincing evidence.
In addition, the Rhode Island breathalyzer refusal law is open to challenge in that it criminalizes a motorist for exercising his or her privilege against self-incrimination.
Michael DelSignore is a DUI lawyer in Rhode and Massachusetts, defending motorists charged with drunk driving, DUI and breathalyzer refusal. Attorney DelSignore will answer your questions and explain the process of defending a DUI charge. You can reach Attorney DelSignore directly at 401-465-1611 or 508-455-4755 or by email. Call now.
