Carcieri Signs Legislation to Tighten DUI Refusal Law

Governor Donald L. Carcieri today signed legislation that increases the penalties for those who refuse to submit to a Breathalyzer test when they are pulled over for drunk driving. With this new law in place, Governor Carcieri said that a major loophole in the state’s drunk driving laws had been eliminated.

Before the new law took effect, the penalties for refusing a Breathalyzer test were significantly less than the penalties for DUI. Under the new law, the penalties for DUI refusal increase significantly.

A first-time offender will have their driver’s license suspended for six months to one year. For a second offense committed within a five-year period, the offender is charged with a misdemeanor, faces a sentence of up to six months in prison, has their driver’s license suspended for one to two years, must pay a fine of $600 to $1,000, and must perform 60 to 100 hours of community service. For a third offense within a five-year period, the offender is charged with a misdemeanor, faces a sentence of up to one year in prison, has their driver’s license suspended for two to five years, must pay an $800 to $1,000 fine, and perform a minimum of 100 hours of community service.

The law also requires the Attorney General’s office to submit an “Annual Impaired Driving Report” to the General Assembly that identifies the number of Breathalyzer refusals, the number of cases where a person is charged with both DUI and Breathalyzer refusal, and the number of fatalities that involve DUI.