---
title: "Can I refuse a breathalyzer in Newport?"
description: "You can refuse a breathalyzer in Newport but Rhode Island implied consent law penalizes refusal with automatic license suspension: 6 months for a first refusal, 1 year for a second, 2 years for a..."
url: https://duiattorneyrhodeisland.com/faq-items/can-i-refuse-a-breathalyzer-in-newport/
date: 2026-05-23
modified: 2026-05-23
author: "Criminal Defense Attorney Rory Munns"
type: faq
lang: en
---

# Can I refuse a breathalyzer in Newport?

You can refuse a breathalyzer in Newport but Rhode Island implied consent law penalizes refusal with automatic license suspension: 6 months for a first refusal, 1 year for a second, 2 years for a third within five years, plus a separate civil charge and fines. The refusal is admissible at trial as evidence of consciousness of guilt. Field sobriety tests can be declined without these penalties. Out-of-state Newport DUI defendants face additional complications because the RI DMV license action can affect their home-state driving privileges through the Interstate Driver License Compact.