Rhode Island and Massachusetts DUI and breathalyzer refusals
Rhode Island DUI law divides cases into two categories, cases with breathalyzer test results and breathalyzer refusal cases. When a motorist refuses a breathalyzer, generally there are two charges brought from the same incident. One is the misdemeanor criminal case for DUI in the Rhode Island District Court and the other is the civil motor vehicle offense of a breathalyzer refusal.
A Rhode Island driver faced with a breathalyzer refusal has a chance to contest the refusal at a trial in the Rhode Island Traffic Tribunal. The motorist will essentially have to win at both the Traffic court and district court to avoid any license suspension for the DUI or breathalyzer refusal.
Unlike Rhode Island, Massachusetts has a more complex process to challenge a breathalyzer refusal suspension. Rather than giving the motorist a date for arraignment and trial, Massachusetts puts the burden on the motorist to go to the Registry in Boston within 15 days to contest the refusal. In Massachusetts, the motorist will only have one court date to appear in the district court to face the DUI, also referred to as OUI charge.
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