---
title: "Is refusing a breathalyzer a crime in Rhode Island?"
description: "For a first offense, refusing a chemical test is a civil violation, not a crime. It is handled at the Traffic Tribunal. A second or subsequent refusal is a misdemeanor prosecuted in District Court..."
url: https://duiattorneyrhodeisland.com/faq-items/is-refusing-a-breathalyzer-a-crime-in-rhode-island/
date: 2026-06-19
modified: 2026-06-19
author: "Criminal Defense Attorney Rory Munns"
type: faq
lang: en
---

# Is refusing a breathalyzer a crime in Rhode Island?

For a first offense, refusing a chemical test is a civil violation, not a crime. It is handled at the Traffic Tribunal. A second or subsequent refusal is a misdemeanor prosecuted in District Court and can result in up to one year in jail, higher fines, and a longer license suspension.