A Rhode Island Superior Judge ruled that breathalyzer test results should be suppressed from evidence at a DUI trial in a January 27, 2009 decision. The case was State v. Cote, where the judge ruled that because the defendant refused to submit to a preliminary breathalyzer test, that the defendant could not be asked to submit to a breathalyzer test at the police station. Under the language of the Rhode Island breathalyzer refusal statute, 31-27-2.1, once a defendant refuses a breathalyzer test, no test shall be given.
The trial judge reviewing the plain language of the Rhode Island breathalyzer refusal statute, 31-27-2.1, which states that if a defendant refuses a breathalyzer test, none shall be given, and held that the language of the statute precludes the police from offering a breathalyzer test once a motorist refuses to submit to a preliminary breathalyzer test. As a Rhode Island DUI lawyer, this ruling is significant as it could result in the exclusion of breathalyzer test results. Since the decision is from a superior court judge and not the Rhode Island Supreme Court, other judges may decline to follow the decision.
Michael DelSignore is a Rhode Island DUI lawyer practicing throughout the State of Rhode Island and defends DUI charges, breathalyzer refusals and other motor vehicle offenses. If you are charged with DUI, Attorney DelSignore will set up an immediate free consultation to discuss your defenses. Call 401-465-1611 for a free consultation. Most calls answers directly by Attorney DelSignore.
