Yes. A Rhode Island breathalyzer refusal can be challenged on several grounds. The arresting officer must have had reasonable grounds to believe you were driving under the influence, the arrest itself must have been lawful, the officer must have advised you of the consequences of refusal in compliance with the statute, and the request for the test must have been clearly communicated. Defense lawyers also challenge refusals based on language barrier issues, medical conditions that prevented compliance, and confusion caused by the officer's instructions. Successful challenges can result in dismissal of the refusal charge and restoration of driving privileges.
