If you have been arrested and charged with driving under the influence (DUI) in Rhode Island and you submitted to a roadside breathalyzer, the results of that test can and will be used against you as evidence in your DUI trial. Generally, a skilled Rhode Island DUI trial lawyer will be able to limit the ability of the prosecution to use the test at trial. The results of the test cannot be used to prove, beyond a reasonable doubt, that you were driving under the influence. Furthermore, a competent DUI attorney should be able to exclude from introduction into evidence the actual results of the test and limit the use of the test as pass/fail only. This means that the trier of fact, either a jury or judge, should not consider the “reading” in deciding guilt or innocence.