Chemical Test Litigation in Rhode Island

What is implied consent?

Driving a motor vehicle in the state of Rhode Island and Massachusetts is entering a contract with the state.  The act of driving means that drivers give implied consent to law enforcement agencies to perform chemical testing—blood, breath, or urine—to determine the presence of alcohol or drugs during a DWI or DUI arrest.

Chemical test litigation in Rhode Island and Massachusetts arises after drivers have consented to BAC testing and are disputing the validity of those results and their drunk driving charges.

Refuse a breath test in Rhode Island

Drivers have the right to refuse any form of BAC testing but doing so results in a mandatory suspension of a driver’s license and similar penalties associated with DWI convictions:

• Fines
• Jail time (subsequent offenses)
• Community service
• Highway safety assessment
• Mandatory enrollment in driving safety courses
• Mandatory enrollment in alcohol/drug treatment programs

Drivers can refuse a breath test in Rhode Island on more than one occasion, but each time they refuse testing, the severity of their punishment grows in scale.  A second offense of refusal to submit to a chemical test is treated as a misdemeanor. This translates into possible driver’s license revocation, jail time, and steep fines.

Contact our lawyers as soon as you can—even during your arrest procedure.  We can help you preserve and protect your legal rights during BAC testing and throughout the arrest.

Rhode Island & Massachusetts BAC test litigation

BAC testing has been proven in a court of law to be both faulty and inconsistent on numerous occasions.  This holds true for breathalyzer tests and blood and urine sampling.

Breathalyzers, in particular, have been proven inconsistent due to a variety of common factors:

• Improper test administration
• Equipment malfunction
• Air temperature and moisture
• Human errors

The Law Offices of Richard S. Humphrey routinely challenges the outcome of BAC tests during active litigation for clients accused of DWI and DUI.  We understand the meticulous detail and consistency that must be adhered to when administering these tests in order to yield accurate results.

Our attorneys take an active and aggressive stance for clients contesting the validity of their BAC test.  We help them argue the fallibility of the testing equipment and call into question the legitimacy of the arresting officer’s test protocol.

BAC tests have been known to show false positive readings, and when your freedom and livelihood hang in the balance of those readings, that is just not good enough.  Contact our firm to get help contesting your BAC test results and defend your DUI charges in a court of law.

Call 401-624-6152 for BAC litigation in Massachusetts.