---
title: "Can I refuse a breathalyzer in Cranston?"
description: "You can refuse a breathalyzer in Cranston but doing so triggers Rhode Island's implied consent penalties under § 31-27-2.1: an automatic license suspension lasting 6 months for a first refusal, 1..."
url: https://duiattorneyrhodeisland.com/faq-items/can-i-refuse-a-breathalyzer-in-cranston/
date: 2026-05-23
modified: 2026-05-23
author: "Criminal Defense Attorney Rory Munns"
type: faq
lang: en
---

# Can I refuse a breathalyzer in Cranston?

You can refuse a breathalyzer in Cranston but doing so triggers Rhode Island's implied consent penalties under § 31-27-2.1: an automatic license suspension lasting 6 months for a first refusal, 1 year for a second, and 2 years for a third within a five-year period, plus a separate civil charge with fines and community service. The refusal is also admissible at trial as evidence of consciousness of guilt. Field sobriety tests (walk-and-turn, one-leg stand, horizontal gaze nystagmus) are different and can be declined without these penalties. Whether to refuse the breathalyzer is a strategic call that depends on prior record and circumstances.