If you’re arrested for a DUI or refuse a chemical test in Rhode Island, you could face an administrative license suspension — sometimes before your court case even begins. Most drivers don’t realize that the DMV can take action against your license independently of any criminal penalties.
In this blog, we’ll break down what administrative suspensions are, how the process works in Rhode Island, and how a Rhode Island administrative law attorney can help you protect your driving privileges.
What Is an Administrative License Suspension?
An administrative license suspension is a civil action by the Rhode Island Division of Motor Vehicles (DMV). It’s separate from any criminal case and can take effect immediately after your arrest for:
- Driving under the influence (DUI)
- Refusing to submit to a breath, blood, or urine test
This is not a court-ordered punishment — it’s handled through a DMV hearing under administrative law, which follows different rules and timelines.
DUI Refusal Triggers Immediate DMV Action
Under Rhode Island’s Implied Consent Law, all drivers are required to submit to a chemical test if lawfully arrested for suspected DUI. If you refuse, the DMV will:
- Automatically suspend your license for 6 months or more (depending on prior offenses)
- Require you to attend a refusal hearing before an administrative judge
These penalties kick in regardless of the outcome of your criminal DUI case. Even if you’re found not guilty in court, you can still lose your license on the administrative side.
Learn more about your rights at a DUI refusal hearing and why legal representation matters.
How the Administrative Suspension Process Works
Here’s a general timeline of how administrative license suspensions unfold:
- Arrested for DUI or Refusal: Officer provides a notice of suspension.
- License Confiscated: Your physical license may be taken on the spot.
- Hearing Notification: You’ll receive a notice to appear at the Rhode Island Traffic Tribunal for a civil hearing.
- Administrative Hearing Held: A judge will review police reports, evidence, and whether the arrest and refusal were lawful.
- Decision Issued: The judge may suspend your license, impose fines, or require additional conditions.
Penalties for Refusing a Chemical Test
In addition to license suspension, you may face:
- Mandatory community service
- Highway Safety Assessment fines
- Enrollment in a DUI education or treatment program
- Possible requirement to install an ignition interlock device
Penalties increase significantly for second and third offenses.
Fighting an Administrative Suspension
At Almagno Law, we defend clients at every stage of the process — not just in criminal court, but also in administrative hearings. Our team can:
- Challenge whether your stop and arrest were lawful
- Review whether the officer had probable cause
- Examine how and when the chemical test was offered
- Present mitigating factors at the hearing
- Seek alternatives like a conditional hardship license
Whether you refused testing or failed a chemical test, you still have rights — but time is critical.
Why You Need a Lawyer Familiar With Administrative Law
Most drivers assume the DMV hearing is just a formality. It’s not. Without experienced legal counsel, you may:
- Miss deadlines to request a hearing
- Say the wrong thing at the hearing
- Lose your license for months unnecessarily
We understand the administrative process and how to challenge or reduce suspensions while protecting your criminal defense strategy.
Additional Legal Issues May Apply
Depending on your case, other legal areas may come into play:
- Criminal charges for DUI
- Traffic violations
- Civil litigation if injuries or damages occurred
Our firm can handle every angle of your defense under one roof.
Get Help From a Rhode Island License Suspension Attorney
If your license is at risk, don’t wait. Administrative deadlines are short, and missing them can result in an automatic suspension. The attorneys at Almagno Law are ready to step in immediately and represent you at the DMV and in court.
Visit our FAQs for more info or contact us now for a free consultation.
Want to see how we’ve helped others? View our case results and testimonials to learn more.
Stay informed by browsing our legal blog for updates on DUI, administrative law, and traffic-related defense in Rhode Island.
Legal Disclaimer
This blog and the information contained on this website are for informational purposes only and do not constitute legal advice. Reading this blog does not create an attorney-client relationship with Almagno Law or any of its attorneys. If you need legal advice, please contact an attorney licensed to practice in your jurisdiction.
