Legally, you DO NOT have to grant permission or “submit” to either a breathalyzer and/or blood test. However, Rhode Island has an implied consent law, meaning if you refuse, you will automatically receive a Refusal charge. If you agree to submit to a breathalyzer test, the results can be used against you in court and that could be enough evidence to support a DUI/OUI conviction, which has much more severe penalties than a Refusal charge. If this is your first offense, the main advantage in refusing to submit to a breathalyzer and/or blood test is that you may avoid a criminal conviction. Refusing a breathalyzer and/or blood test results in a civil citation, and is not classified as a crime. By accepting the consequences of the civil citation, a prosecutor may drop the DUI – First Offense charge, avoiding a criminal conviction. For more information on this topic, click here to read our blog.