§ 31-27-2.3 - Revocation of license upon refusal to submit to preliminary breath test.
SECTION 31-27-2.3
§ 31-27-2.3 Revocation of license uponrefusal to submit to preliminary breath test. – (a) When a law enforcement officer has reason to believe that a person isdriving or in actual physical control of any motor vehicle in this state whileunder the influence of alcohol, the law enforcement officer may require theperson to submit to a preliminary breath analysis for the purpose ofdetermining the person's blood alcohol content. The breath analysis must beadministered immediately upon the law enforcement officer's formulation of areasonable belief that the person is driving or in actual control of a motorvehicle while under the influence of alcohol, or immediately upon the stop ofthe person, whichever is later in time. Any chemical breath analysis requiredunder this section must be administered with a device and in a manner approvedby the director of the department of health for that purpose. The result of apreliminary chemical breath analysis may be used for the purpose of guiding theofficer in deciding whether an arrest should be made. When a driver is arrestedfollowing a preliminary breath analysis, tests may be taken pursuant to §31-27-2.1. The results of a preliminary breath test may not be used as evidencein any administrative or court proceeding involving driving while intoxicatedor refusing to take a breathalyzer test, except as evidence of probable causein making the initial arrest.
(b) If a person refuses, upon a lawful request of a lawenforcement officer, to submit to a test under subsection (a) of this section,that person shall be guilty of an infraction and shall be subject to thepenalty provided in § 31-41.1-4. However, it shall be a defense to acharge of refusing a validly requested preliminary breath analysis that themedical condition of a person precluded the giving of any such test.