Constructive Refusal to Submit

Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to chemical test). The Court held that, although the defendant did not verbally refuse to take a breathalyzer test, the defendant did not cooperate when the officer made the request. Therefore, the defendant’s silence when asked to take the test was construed as a constructive or conditional refusal, which holds the same legal effect as a verbal refusal. Since the defendant did not cooperate when asked to submit to a breathalyzer, the Court sustained the violation.

Town of North Providence v. Peter Exarchos, C.A. No. T10-0119 (June 30, 2010).pdf