Breathalyzer Refusal

Did you refuse a breath test after being pulled over for drunk driving? While refusing the Breathalyzer for the first time is not a criminal violation, it is a civil violation that can result in harsh consequences.

Anyone who drives in Rhode Island or Massachusetts is presumed to have consented to a breath test. However, you do not have to submit to a Breathalyzer test. If you refuse, the police will likely charge you with breath test refusal. This will result in an automatic loss of your license, pending a hearing. You may also still be arrested and charged with drunk driving.

At Mesolella & Amoriggi LLC, we can help you resolve your refusal citation and your DUI case in the best possible way.

Should You Plead Guilty To Your Breathalyzer Refusal Charge?

If you work with our legal team, we will start by examining the traffic stop and all of the information pertaining to your case. We might find that the police did not have a right to stop you. In other cases, we might use the refusal charge as leverage to negotiate a dismissal in the DUI case.

The best strategy will depend on the circumstances surrounding your arrest, your criminal history and your priorities. We will work with you, one-on-one, to determine what path to follow.

Many people believe they have no choice but to plead guilty to Breathalyzer refusal charges and even to DUI charges, but after talking to skilled defense attorneys they find that there are other options.

Schedule A Free Consultation

If you or a loved one has been charged with Breathalyzer refusal, call (401) 400-3770 or fill out this form to schedule a free, confidential consultation with our lawyers. We are available to meet with you at our law office in downtown Providence, where off-street parking is available, or off-site. We make jail visits.