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Rhode Island DUI Breath Test Lawyer

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Rhode Island DUI Breath Test Attorney

When you have been pulled over and are suspected of drinking and driving, you could be asked to submit to a breath test. There are different types of breath tests. Misconceptions exist about what your rights are when asked to take a breath test and what these types of tests are. These misunderstandings can lead to more problems, especially if you are facing DUI and/or Refusal charges in Rhode Island

At Ellison Law LLC, our DUI and/or Refusal defense lawyers in Rhode Island help our clients understand all aspects of their DUI and Refusal cases. We believe informed clients make better decisions about their DUI and/or Refusal case.

If you have questions or want to speak to an experienced criminal defense lawyer who handles DUI and Refusal cases in Rhode Island, call us at 401-230-5520 to schedule a consultation.

What Are Breath Tests?

Police officers use breath tests in their DUI investigation to help determine if somebody is impaired from alcohol. They can be used in roadside testing and following arrests to help determine whether an alleged drunk driver was under the influence of alcohol while operating a motor vehicle. These tests can be used for operators of cars and trucks as well as operators of motorcycles, boats, and other vehicles.

There are two different types of breath tests: the preliminary breath test (PBT) and the breathalyzer machine used at the station. Both types are often simply called “breath tests,” and that’s where the confusion comes in.

By referring to both as breath tests, people assume they are the same thing, but they are not. Each is administered for different reasons and purposes. They also have different meanings in court when used for prosecution purposes.

Preliminary Breath Tests

A preliminary breath test or alcohol screening is a breath alcohol test conducted using a portable breath machine in the field, meaning on the side of the road during a traffic stop or DUI investigation.

These are used in the “pre-arrest screening” portion of a DUI investigation. The PBT measures a person’s breath alcohol content. Portable breath test results are in most circumstances inadmissible in court because they are unreliable. However, they can be admissible to help determine whether there was probable cause to arrest somebody.

PBTs are administered when a police officer has reasonable grounds to believe you are unlawfully intoxicated. Maybe your speech was slurred, your eyes were bloodshot, you admitted to drinking and/or you “failed” Field Sobriety tests. If you fail the PBT, that may be enough probable cause to arrest you for a DUI and the police will take you to the station to take a breathalyzer.

Breathalyzers

After an arrest for a DUI, you will be asked to take another test. Typically, this is a chemical test using a breathalyzer that is certified by the Rhode Island Department of Health. The breathalyzer is not a portable machine like the PBT and produces results that are more accurate and are much more likely to be admitted into court as evidence against you.

Approved breathalyzer machines are subject to calibration requirements and receive frequent testing from the Department of Health to make sure they are accurate, which in turn will make them admissible in court.

Contact a DUI Defense Lawyer in Rhode Island Today

You can have your day in court to challenge DUI and/or Refusal charges regardless if you took and failed a breath test or refused one. Contact Ellison Law LLC today by calling us at 401-230-5520 or filling out an online form to schedule a consultation. We have experienced DUI attorneys who will review your case and discuss your best legal options.

Testimonials

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David Ellison was very understanding and compassionate. He kept in touch and was always up to date. If you're looking for honest great legal representation contact David Ellison!

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We had a great experience working with David Ellison. He was personable, flexible, easy to work with, competent, knowledgeable, responsive and trustworthy. We contacted him on a Friday about a traffic tribunal trial on Monday…

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"David Ellison and Allyson Quay are very knowledgeable and professional. They are a great to work with. Allyson helped me with my case and was able to obtain a great result! I am very happy…

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The most amazing lawyer I have ever had. He does an amazing job with amazing results. Extremely happy with the results. Extremely highly recommended by me. He is a man of his word and is…

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David went above and beyond helping to resolve the matter quickly. He got the best possible outcome and was kind and easily accessible throughout the whole process. I can not recommend him more highly!

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"David Ellison worked diligently to get me a great result for my case. I would recommend his services to friends or family if they should need legal representation. Despite the circumstances, he was a pleasure…

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David has represented me on a few things, and every time he has made me feel comfortable, safe, he reassured me that It was going to be okay. He is a great lawyer, I'm so…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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"I hired Attorney David Ellison to represent me on a traffic violation. My license was at risk of suspension and he immediately recognized the impact this would have on me personally and professionally. I was…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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"David worked so hard on my case and really kept pushing for what I deserved! I can't thank him enough for always keeping me up to date and the great communication throughout this process. David…

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"Thank you attorney Allison and attorney David Ellison for their diligent work on my case. I had received a traffic violation in the State of RI and she kept me informed throughout the entire process.…

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"Attorney David Ellison was so helpful throughout the ENTIRE process of my traffic ticket case. He was so consoling and made everything understandable for me. Any questions or help that I needed even AFTER everything…

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"I had the pleasure of being represented by Allyson Quay last month. What would normally have been a stressful experience was made much easier thanks to her assistance. She is confident, reassuring and very knowledgeable.…

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"It was great working with David. He was able to get my ticket dismissed on the first try and he also saved me the trip of driving down! Highly recommended." - Cristian via Google

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"I had a great experience in working with Allyson and she did her best to get things right, I would recommend her to get tickets handled in Rhode Island." Via Google

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After being wrongly accused of a crime (OUI Marijuana), Mr. Ellison was appointed to be my lawyer by a judge. He fought daily to prove my innocence in court, was always available to talk to…

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"I was recently represented by David Ellison law and attained a not guilty verdict. This was vital, as school (law) was just about to start for me as well as work, and if found guilty…

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"If you're reading these reviews, I'm sure you're nervous for what's to come (whatever that may be), and you may be thinking "can they even help me?", "can I even afford the help?". With David…

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Dave spent almost a year working with me to help resolve my case in my favor. From the start the outlook was rather grim, however Dave assured me that we had options, and we would…

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"I had the pleasure of being represented by David Ellison. He patiently and carefully listened to all the information related to my case. He explained everything to me in a way I could easily understand…

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David Ellison helped me get all legal documents together for my LLC. He was extremely time efficient and always friendly. I am very new to the small business world but he made everything super easy…

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"Best lawyer for traffic citations. He will do the most in his power and efforts to see you are much better off than going into battle alone. He is honest and didn't sell me a…

- The Best Lawyer for Traffic Citations: Highly Recommend

"David Ellison is one of the best attorneys I've met! Always prepared, professional and more than polite. If you need a save CALL DAVE! Ten out of ten!" Via Google

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I cannot express my utmost gratitude and overall Appreciation to Allyson Quay of David Ellison law. I contacted a family lawyer who referred me to a former law school colleague. Unsure of whether or not…

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"David Ellison was great! He had a few appointments today and made sure to fit me in his schedule before hand. He made sure to go over everything with me so he knew what he…

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"Good people, professional service the best." Via Google

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"David is an amazing person. When I was 18 I was getting into my first real legal trouble, going to jail and what not. David was my court appointed attorney and I figured “I'm screwed…

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"Highly highly recommend Attorney Ellison! He was overly prepared for my case, answered all of my questions and DELIVERED! He was fast, efficient and overall a pleasure to work with. Cares about his clients, rather…

- Cares About His Clients

"I am compelled to express my profound gratitude to attorneys Allyson Quay and David for their exceptional legal representation that resulted in the successful dismissal of my recent traffic court ticket. Their expertise, dedication, and…

- Exemplary Legal Representation: A Grateful Client’s Journey with Ellison Law’s Dedication, Expertise, and Compassion

Takes his job and his role in society very seriously and actually puts the work in for his clients and does not settle for less. He told me what he was going to do for…

- Takes His Job and Role in Society Very Seriously

"Allyson Quay at this firm was amazing. She took care of a traffic summons for us and it was painless. We live far from where the summons was given. She was speedy and efficient and…

- Efficient and Kind Legal Assistance

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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