Rhode Island DUI Laws, Fines and Penalties
Rhode Island law requires you to take up to two blood, breath, or urine tests if you are arrested for an OUI. Rhode Island’s “implied consent” law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been operating under the influence, then you consent to taking one or two chemical tests of your blood, breath, or urine for the purpose of determining your blood alcohol content (BAC). The test or tests must be taken as soon as possible from when you were last driving and the officer gets to choose which ones you take.
If you have a medical or religious reason that prevents you from taking a blood test, then you need to plan ahead. First, you must file an affidavit, explaining why you can’t take the test, with Rhode Island’s division of motor vehicles. Then, this agency will put a notation on your license that will let an arresting officer know that you do not have to take a blood test. This does not excuse you from the other tests, however.