---
title: "Should I refuse the breathalyzer in Rhode Island?"
description: "It depends on the circumstances. Refusal triggers separate Traffic Tribunal penalties but eliminates the per se BAC evidence in the criminal case. For some defendants the refusal calculation favors..."
url: https://riduiguy.com/faq-items/should-i-refuse-the-breathalyzer-in-rhode-island/
date: 2026-05-23
modified: 2026-05-23
author: "The RI DUI Guy"
type: faq
lang: en
---

# Should I refuse the breathalyzer in Rhode Island?

It depends on the circumstances. Refusal triggers separate Traffic Tribunal penalties but eliminates the per se BAC evidence in the criminal case. For some defendants the refusal calculation favors testing; for others refusal is the better procedural choice. The decision is made at the roadside without a lawyer present.