You can physically refuse a breathalyzer in Pawtucket but doing so triggers Rhode Island's implied consent penalties: an automatic license suspension that lasts 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. The refusal is also admissible at trial as evidence of consciousness of guilt. Field sobriety tests are different and can be declined without these penalties. Whether to refuse the breathalyzer is a strategic decision that depends on your circumstances. Many defense lawyers advise calling counsel from the police station before deciding.
