Breathalyzer Refusal

Contact a Rhode Island DUI Defense Attorney – 401-861-1155 or CLICK HERE

Rhode Island Breathalyzer Refusal and DUI Lawyer Joshua Macktaz provides aggressive and effective representation to individuals facing DUI (Driving Under the Influence) and related Rhode Island drunk driving offenses such as breathalyzer refusal. A former Rhode Island Special Assistant Attorney General from 1993-1997 Attorney Macktaz has extensive experience with DUI as a prosecutor and has used that knowledge to successfully defend hundreds of private clients accused of drunk driving offenses.

Early intervention by a qualified and experienced Rhode Island Breathalyzer Refusal Attorney is critical to success in your case. You need someone who is knowledgeable about Rhode Island criminal laws on matters of breathalyzer refusal and drunk driving (also known as DUI, DWI, driving under the influence, drunk driving, and driving while intoxicated). Aggressively protecting client's rights and freedoms in criminal DUI and refusal to take a breathalyzer test case is what attorney Joshua Macktaz does for a living, every day in courts across Rhode Island. He is available at anytime at (401) 861-1155 to discuss your case. Because Rhode Island Breathalyzer Lawyer Joshua Macktaz serves all towns in Rhode Island, you never need to worry about him not practicing in your town.

MOST RECENT WINS:

Criminal Charges:

Breathalyzer Refusal
Police Report: Client is involved in a serious accident. Cranston Police Accident Reconstruction Expert determines Client was speeding and ran a red light causing the accident. Police meet with Client at hospital and immediately detect a strong odor of alcohol and slurred speech. Client takes and fails the HGN field sobriety test.

Result:

Breathalyzer Refusal: NOT GUILTY AFTER TRIAL

Criminal Charges:

Driving Under the Influence; Breathalyzer Refusal

Police Report: West Greenwich police receive numerous calls about an erratic driver and eventually find Client’s car, and observe Client commit numerous lane roadway violations. Upon stopping Client’s car, police observe strong odor of alcohol, bloodshot watery eyes and extremely slurred speech. Further, Client’s 3 children were passengers in the vehicle. After being arrested, Client urinates in the back of the police cruiser on the way to the police station.

Result:

DUI: DISMISSED
Breathalyzer Refusal: DISMISSED

Criminal Charges:

Driving Under the Influence; Breathalyzer Refusal

Police Report: RI State Police observe Client drive over a curb at 4:30am in downtown Providence. After stopping her vehicle, Police observe Client to have a strong odor of alcohol on her breath, bloodshot watery eyes and slurred speech. Client took and failed 2 out of 3 field sobriety tests

Result:

DUI: Reduced to Reckless Driving with NO loss of license
Breathalyzer Refusal: DISMISSED

Criminal Charges:

Driving Under the Influence

Police Report: Woonsocket Police observe Client operating her motor vehicle erratically. After observing a strong odor of alcohol, bloodshot and watery eyes and slurred speech, Police ask Client to take 3 field sobriety tests which she fails badly. Client agrees to take the breathalyzer at the police station and blows a .185, more than twice the legal limit of .08

Result:

DUI: Reduced to Reckless Driving with NO loss of license

Criminal Charges:

Possession of Alcohol by a Minor

Police Report: Bristol Police on routine patrol observe a beer bottle thrown out of the passenger window of a vehicle in front of them. Upon stopping the vehicle, police find a bottle of vodka and numerous bottles of beer around Client’s feet in the spot where Client had been sitting.

Result:

DISMISSED

Criminal Charges:

Driving Under the Influence; Breathalyzer Refusal

Police Report: Client is involved in a roll-over accident, and Warwick Police find Client strapped in behind the wheel when they arrive on the accident scene. Police note a strong odor of an alcohol, bloodshot and watery eyes, and extremely slurred speech. When Client is removed from the vehicle she staggers into on-coming traffic nearly causing another accident.

Result:

DUI: DISMISSED
Breathalyzer Refusal: DISMISSED

Criminal Charges:

DUI (Second offense); Breathalyzer Refusal

Police Report: Client is observed weaving from lane to lane and bumping up against the curb by numerous motorists who contact the East Greenwich Police Department. Police find Client’s vehicle and observe Client weaving as well. When they activated their overhead lights, Client’s vehicle mounted the curb and struck a mailbox. Client had a strong smell of alcohol, bloodshot and watery eyes, and slurred speech, in addition to failing 3 field sobriety tests. Client is charged with a second DUI within 5 years.

Result:

DUI (Second offense): REDUCED to Reckless Driving with NO LOSS of license

Breathalyzer Refusal: DISMISSED

Criminal Charges:

Breathalyzer Refusal

Police Report: Smithfield Police clock Client’s vehicle at 61 MPH in a 25 MPH zone and observe Client’s car drift over the center in into on-coming traffic twice. Police observe a strong odor of alcohol, bloodshot and watery eyes, and mumbled speech. Client needed to use the door frame of the car to get out of vehicle, failed 3 field-sobriety tests and admitted to drinking earlier in the evening.

Result:

NOT GUILTY AFTER TRIAL

Criminal Charges:

Refusal to Take a Breathalyzer Test

Police Report: A Warwick Police Officer on a fixed post at 2:30am observes Client “spinning his wheels” coming off the Jefferson Blvd. exit to 95 south. Officer observes Client’s vehicle to cross the center line on at least 2 occasions. After stopping Client, police officer observes strong odor of alcohol, bloodshot and watery eyes, and slurred speech. Client takes and fails 3 field sobriety tests.

Result:

Count One: DISMISSED

Criminal Charges:

Driving Under the Influence 1st Offense; Breathalyzer Refusal 2nd Offense

Police Report: East Providence Police observe Client weaving on 195E and then straddling the right breakdown lane. After stopping Client, and in addition to the usual observations of odor of alcohol, bloodshot eyes and slurred speech, police observe that Client’s pants are around his ankles and he has urinated himself.

Result:

DUI: REDUCED to Reckless Driving with no loss of license
2nd REFUSAL: DISMISSED

Criminal Charges:

Breathalyzer Refusal 2nd Offense

Police Report: Police respond to an accident involving serious injuries. Police observed client to have an extreme odor of alcohol, bloodshot and watery eyes and slurred speech. Client fails three (3) field sobriety tests and admits to police that he had consumed several alcoholic beverages.

Result:

DISMISSED

Criminal Charges:

Breathalyzer Refusal; Right Half of Roadway; Lane Roadway Violation; Driving an Unsafe Vehicle; Failing to Notify Authorities after Accident

Police Report: Client struck a pedestrian with her vehicle and fled the scene of the crime. Police stopped client and observed two (2) flat tires, and heavy front-end damage to her vehicle. Police observed client to have a strong odor of alcohol emitting from her breath, bloodshot watery eyes and a reddish face. Client was unable to complete field sobriety tests and failed all three (3) tests.

Result:

Count One: DISMISSED
Count Two: DISMISSED
Count Three: DISMISSED
Count Four: DISMISSED
Count Five: DISMISSED

Click Here to view more recent Wins by Attorney Macktaz

You need a Rhode Island Drunk Driving Attorney who is knowledgeable about Rhode Island criminal laws on matters of drunk driving (also known as DUI, DWI, driving under the influence, drunk driving, and driving while intoxicated). Aggressively protecting client's rights and freedoms in criminal and DWI cases is what Rhode Island Defense attorney Joshua Macktaz does for a living, every day in courts across Rhode Island. He is available at anytime at (401) 861-1155 to discuss your case. Because Rhode Island Rhode Island Drunk Driving Lawyer Joshua Macktaz serves all towns in Rhode Island, you never need to worry about him not practicing in your town.

Contact Rhode Island DWI Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond to you as soon as possible.

Rhode Island DUI Overview

As a result of Rhode Island's recent "crack down" on drunk driving, Rhode Island DUI laws have become some of the strictest in the nation. Without proper representation such as an expert Rhode Island DUI attorney, a first time breathalyzer offender is at risk for significant penalties including a loss of license, thousands of dollars in fines, a criminal conviction, higher insurance premiums and in some cases, risk of incarceration.

Driving under the influence of alcohol, also called DUI or DWI and drunk driving, is one of the most common charges encountered in our criminal justice system. Refusing to take the chemical test or breathalyzer following an arrest for a Rhode Island DUI carries its own criminal penalty, which can include a minimum of a six to twelve month loss of license, fines, community service, DUI educational classes, and other sanctions.

First Offense Breathalyzer Test Refusal

Fined $200-$500
Community Service for 10-60 hours
Suspended license six months to one year
Face a Highway Safety Assessment ($500 fee) conducted by the Community College of Rhode Island (CCRI) and possible enrollment in a driving school and/or an alcohol treatment program
Pay a $200 fee to support the department of health's chemical testing programs

Contact Rhode Island Breathalyzer Refusal Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond to you as soon as possible.

Rhode Island Breathalyzer Refusal - Why or Why not?

Due to the serious and deadly results often resulting from alcohol related accidents, Rhode Island takes a hard stance against drunk driving. The state's stringent laws and penalties are based on age and blood alcohol content (BAC) levels. However, it's important to remember the following points:

Any DWI resulting in death of another person is considered a felony.
Any driver under 21 years old found with an open container in his or her vehicle may face a 30 day suspension.
"Implied Consent" means that any driver behind the wheel of a vehicle gives the state permission to administer a breathalyzer exam.

The state defines driving while intoxicated (DWI) as any driver 21 or older with a BAC of .08% or higher. The law is less tolerant for drivers under 21 who can be charged with DWI for a BAC of .02% or higher. You can find a full account of Rhode Island's DWI policies in Title 31, Chapter 27 of the State of Rhode Island General Laws.

So should you refuse a breathalyzer test if you are stopped and confronted with the possibility of a Rhode Island DUI arrest? If you take the test you will not automatically lose your license. If you FAIL the test you will be charged criminally but you retain your license until convicted. You then have to weigh the value of your ability to drive versus what having a criminal conviction on your record will do to your life. This is a choice you need to make. So, if you know you will fail the test but can live with a potential criminal conviction but not the automatic loss of your license for 6-12 months then take the test.

Criminal DUI charges provide a better margin of victory as the state must prove beyond a reasonable doubt that you were too intoxicated to operate a motor vehicle in Rhode Island. They must also prove you were properly read your rights and they met all legal requirements during the arrest. If you lose a criminal DUI case you will have a criminal conviction on your record which could affect employment opportunities or even cost you your job. 2nd and 3rd DUI convictions mean mandatory jail time in Rhode Island as well.

Contact Rhode Island Breathalyzer Refusal Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond to you as soon as possible.

If you are charged with your 2nd or 3rd breathalyzer refusal in the state of Rhode Island these are the penalties you face:

Second Offense Breathalyzer Test Refusal within Five Years

Fined $600-$1000
Suspended license 1-2 years
60-100 hours of community service
Mandatory alcohol or drug treatment
Face a Highway Safety Assessment ($500 fee) conducted by the Community College of Rhode Island (CCRI)and possible enrollment in a driving school and/or an alcohol treatment program
Pay a $200 fee to support the department of health's chemical testing programs

Third Offense Breathalyzer Test Refusal within Five Years

Fined $800-$1,000
Up to one year in jail
License suspended 2-5 years
Mandatory 100 hours of community service
Alcohol or drug treatment
Hearing to determine whether license may be reinstated
Face a Highway Safety Assessment ($500 fee) conducted by the Community College of Rhode Island (CCRI) and possible enrollment in a driving school and/or an alcohol treatment program
Pay a $200 fee to support the department of health's chemical testing programs

Defending your Rhode Island Breathalyzer Refusal Accusation

As a former Special Assistant Attorney General, Mr. Macktaz intimately understands the elements of a Breathalyzer Refusal case in the courts of Rhode Island. Things you should know about refusing a breath test in RI:

If you refuse the Breathalyzer test your license and privilege to drive in RI is automatically suspended at your arraignment. This happens prior to any hearing or disposition of the matter on its merits. The Defendant operated a motor vehicle
The state of Rhode Island only needs to prove that they had probable cause to arrest you and only need reasonable suspicion to believe that you are operating a motor vehicle under the influence.
They must confirm that you were properly read your rights and you did in fact refuse the chemical breath test.
Even if you refuse the test you will most likely still be charged with criminal DUI based on the officer (s) report and observations.

Understanding these provides the opportunity to defend this using one or many of these types of defenses.

Challenging the Constitutionality of the Stop

The Police cannot stop a driver unless he has reasonable suspicion to believe a crime has been, or is about to be, committed. The police may state an individual for any traffic violation.
Roadblocks have been held unconstitutional in Rhode Island.
A car cannot be stopped based on an anonymous tip or 911 call.

Challenging the Admissibility of the Breath Test Results

The police must have probable cause to request you submit to a chemical test for purposes of a criminal charge.
The police must advise you of your right to have an independent chemical test performed by a physician or hospital of your choosing and afforded a reasonable chance to exercise this right.
The police must observe you for at least 15 minutes prior to you taking the breath test. *See article on "Mouth Alcohol” in the article section of this site.
A true copy of the breath test results must be mailed to you within 72 hours of the test.
The breath test machine must be in full compliance with the regulations set out by the Department of Health.
The breath test operator must be certified within 365 days of the test.
Two complete samples must be given within a 30 minute period.
The two samples must be within a .05% agreement of each other.

Using Booking Room and/or Patrol Car Videos

Many police stations have video surveillance to record all suspects during processing. Additionally, more and more patrol cars are equipped with mounted video equipment which records everything from the stop of the car to the field sobriety testing at roadside. Gaining access to these videos may provide exculpatory evidence showing the favorable performance and balance of the suspect. The video will also capture the officer’s administration of the test which, if given improperly, would provide a basis to challenge the officer’s credibility.

Independent Witnesses

It is not just the prosecution who is allowed to call witnesses at trial. If you were in direct contact with one or more people shortly prior to your arrest, you may call them to testify to your lack of intoxication. It may be your passenger, the waitress at the restraint you ate, the bartender where you just left or even the family who picked you up from jail. Any lay witness, meaning they do not have to be an expert, can testify to their opinion regarding your sobriety.

Miranda Warnings not Given

Any interrogation that takes place while in police custody must have been preceded by a Miranda warning. If not given, any statements made as a result of questioning would be excluded from trial. This is particularly important when incriminating statements were made by you after your arrest.

Failure to Conduct Observational Period

Rhode Island law requires the police to observe a suspect for at least 15 minutes prior to administering a breath test. This is because any mouth alcohol, which could be the result of recent alcohol consumption, hiccupping, burping or vomiting, would cause a false elevated reading.

Expert Witnesses

The defendant has an absolute right to present expert witnesses in his own defense. DUI law is extremely complex and it may be necessary to call an expert to testify to such issues as; toxicology, chemistry, biology, breath testing instrumentation and/or functioning.

Medical and Health Problems

Pre-existing medical conditions related to your brain, legs, neck, back and vision can eliminate the validity of field sobriety testing results. Acid reflux, diabetes, certain prescription medicines can have a dramatic effect on your breath alcohol testing results.

Bad Weather

Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance.

Retrograde Extrapolation

When you consume alcohol, it takes time for it to absorb into your system. Essentially, you could have a number of beers or alcohol and not feel the effects to sometime later after you stop drinking. When a breath test is given you at the police station, it could very well be up to an hour after you were last driving. The breath test will give a result for what your BAC at the time of the test, but what about your BAC an hour prior, when you were actually driving? Retrograde extrapolation is the formula for determining BAC at a prior time. This may very well lead to your BAC being below the legal limit at the time you were actually driving, even though it was above the limit at the time of the test.

Interfering Substances

The breath testing machine works by measuring the amount of alcohol in your breath. If you have been exposed to certain fumes, substances and/or particles, a false reading could very well take place. A common example of this is a painter who is exposed to, and has been inhaling, certain paint fumes throughout the day. Other substances such as cough drops, Listerine, or ethanol based products could have an impact as well.

Operating on Private Property

Operation is an essentially element to Driving under the Influence.

Where you actually operating the car or just sitting in or near it? Was your car on a public or private road? Was your car being operated on a Rhode Island road or a road that is owned by the Federal Government? A throughout investigation of where you were actually observed operating your car is required for a successful defense.

Contact Rhode Island DUI Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond to you as soon as possible.

Successful Breathalyzer Refusals in Rhode Island Case Defenses by Attorney Macktaz

Recent Wins

Criminal Charges:

Driving Under the Influence 1st Offense; Breathalyzer Refusal 2nd Offense

Result:

DUI: REDUCED to Reckless Driving with no loss of license

2nd REFUSAL: DISMISSED

Criminal Charges:

Breathalyzer Refusal 2nd Offense

Results:

DISMISSED

Criminal Charges:

Breathalyzer Refusal; Right Half of Roadway; Lane Roadway Violation; Driving an Unsafe Vehicle; Failing to Notify Authorities after Accident

Results:

Count One: DISMISSED

Count Two: DISMISSED

Count Three: DISMISSED

Count Four: DISMISSED

Count Five: DISMISSED

Criminal Charges:

Breathalyzer Refusal; Right Half of Roadway

Police Report: Police observe client’s vehicle cross solid yellow line with both driver’s side front and rear tires. Police observe client’s vehicle strike the right side curbing with his left front wheel. Police stop client and observe him to have a strong odor of alcohol on his breath, blood shot eyes, and a confused manner. Client fails three (3) field sobriety tests and registers a .210 on the preliminary breath test.

Results:

Count One: DISMISSED

Count Two: DISMISSED

Criminal Charges:

Breathalyzer Refusal; Refusal to Take Preliminary Breath Test; Operating an Unregistered Motor Vehicle; Operating without Proof of Insurance

Police Report: Client runs a stop sign and causes a major accident. Police arrive and observe client to have a very strong odor of alcohol on her breath, glassy and blood shot eyes. Client fails three (3) field sobriety tests, and is uncooperative with the police officers.

Results:

Count One: DISMISSED

Count Two: DISMISSED

Count Three: DISMISSED

Count Four: DISMISSED

Contact Rhode Island DUI Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond to you as soon as possible

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.

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Rhode Island Criminal Defense Attorney

A Former Rhode Island State Prosecutor

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Breathalyzer Refusal

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Rhode Island DUI Overview

First Offense Breathalyzer Test Refusal

Rhode Island Breathalyzer Refusal - Why or Why not?

Defending your Rhode Island Breathalyzer Refusal Accusation

Challenging the Constitutionality of the Stop

Challenging the Admissibility of the Breath Test Results

Using Booking Room and/or Patrol Car Videos

Independent Witnesses

Miranda Warnings not Given

Failure to Conduct Observational Period

Expert Witnesses

Medical and Health Problems

Bad Weather

Retrograde Extrapolation

Interfering Substances

Operating on Private Property

Successful Breathalyzer Refusals in Rhode Island Case Defenses by Attorney Macktaz

Recent Wins

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Attorney Macktaz Interviewed by Lawyers Weekly: Click here to read the article

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