This Drunk Driving (DUI) law post explains the law concerning drunk driving in Rhode Island and breathalyzer refusal litigation. This post answers the crucial question: Should a suspected criminal defendant refuse a breathalyzer request from the police. This DUI post examines whether or not a person should refuse to take a breathalyzer test upon request of a police officer in Rhode Island when a person is suspected of drunk driving. There are numerous social and legal implications related to this decision.
Are there any clear and consistent guidelines to determine if a suspected drunk driver should refuse a breathalyzer test upon request of a local or state police officer in Rhode Island?
- If you are 100 percent certain that you will pass the test then take it.
- If someone is injured or is killed in a motor vehicle, truck or car accident in which you have been drinking in the hours prior to the vehicular wreck then always refuse the Breathalyzer.
- If you already have a prior criminal drunk driving conviction within the past five years, then you must refuse the breathalyzer because you face minimum jail time.
- If you are in a profession in which a criminal conviction may hurt your career or subject you to professional discipline, i.e. lawyer, politician, teacher, then you probably should refuse.
- “In 2013, 10,076 people were killed in alcohol-impaired driving crashes, accounting for nearly one-third (31%) of all traffic-related deaths in the United States.1
- Of the 1,149 traffic deaths among children ages 0 to 14 years in 2013, 200 (17%) involved an alcohol-impaired driver.1″ Center for disease Control http://www.cdc.gov/motorvehiclesafety/impaired_driving/impaired-drv_factsheet.html
“In 2013, 10,076 people were killed in alcohol-impaired traffic crashes, accounting for 31 percent of all motor vehicle fatalities. Impaired driving continues to be a serious traffic safety and public health issue for states. According to AAA, alcohol is a factor in about 40 percent of traffic fatalities each year, and nearly 1.5 million people are arrested annually for driving under the influence of alcohol or drugs.” National Conference of State Legislatures, ALCOHOL IMPAIRED/DRUNK DRIVING http://www.ncsl.org/research/transportation/alcohol-impaired-driving.aspx
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