Rhode Island · DUI · Checked October 2026
Refusing a Breath or Blood Test in Rhode Island
Refusing a Breath or Blood Test in Rhode Island: What Are the Rules?
What happens if you refuse a breath or blood test in Rhode Island.
- Refusal penalty
- First refusal (civil): $200 to $500 fine, 10 to 60 hours community restitution, 6 month to 1 year suspension, DWI course and/or treatment, possible interlock. Second within 10 years: misdemeanor, up to 6 months in jail, $600 to $1,000 fine, 60 to 100 hours restitution, 1 to 2 year suspension, mandatory interlock. Third or subsequent within 10 years: misdemeanor, up to 1 year in jail, $800 to $1,000 fine, at least 100 hours restitution, 2 to 5 year suspension. Refusing a blood test stays a civil offense even on a repeat, with a 2-year suspension (second) or 2 to 5 years (third). Every violator also pays a $500 highway safety assessment and a $200 Department of Health chemical testing assessment
- License suspension for refusing
- 6 months to 1 year (first refusal); 1 to 2 years (second within 10 years; 2 years if the refusal was of a blood test); 2 to 5 years (third or subsequent within 10 years)
Refusal Penalties in Rhode Island
First refusal (civil): $200 to $500 fine, 10 to 60 hours community restitution, 6 month to 1 year suspension, DWI course and/or treatment, possible interlock. Second within 10 years: misdemeanor, up to 6 months in jail, $600 to $1,000 fine, 60 to 100 hours restitution, 1 to 2 year suspension, mandatory interlock. Third or subsequent within 10 years: misdemeanor, up to 1 year in jail, $800 to $1,000 fine, at least 100 hours restitution, 2 to 5 year suspension. Refusing a blood test stays a civil offense even on a repeat, with a 2-year suspension (second) or 2 to 5 years (third). Every violator also pays a $500 highway safety assessment and a $200 Department of Health chemical testing assessment.R.I. Gen. Laws § 31-27-2.1(c)
License Suspension for Refusing in Rhode Island
6 months to 1 year (first refusal); 1 to 2 years (second within 10 years; 2 years if the refusal was of a blood test); 2 to 5 years (third or subsequent within 10 years)R.I. Gen. Laws § 31-27-2.1(b)(1)-(2), (c), (d)
Official source: license suspension for refusing (Rhode Island)
More on DUI Law in Rhode Island
See the full overview of DUI laws in Rhode Island and read about implied consent laws in every state.
This page summarizes Rhode Island law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Rhode Island can advise on your case.
Frequently Asked Questions
What Happens if You Refuse a Breath Test in Rhode Island?
First refusal (civil): $200 to $500 fine, 10 to 60 hours community restitution, 6 month to 1 year suspension, DWI course and/or treatment, possible interlock. Second within 10 years: misdemeanor, up to 6 months in jail, $600 to $1,000 fine, 60 to 100 hours restitution, 1 to 2 year suspension, mandatory interlock. Third or subsequent within 10 years: misdemeanor, up to 1 year in jail, $800 to $1,000 fine, at least 100 hours restitution, 2 to 5 year suspension. Refusing a blood test stays a civil offense even on a repeat, with a 2-year suspension (second) or 2 to 5 years (third). Every violator also pays a $500 highway safety assessment and a $200 Department of Health chemical testing assessment.
How Long Is the Suspension for Refusing?
6 months to 1 year (first refusal); 1 to 2 years (second within 10 years; 2 years if the refusal was of a blood test); 2 to 5 years (third or subsequent within 10 years)