§ 46-9-22.2 - Chemical test – Consent – Administration – Use as evidence – Refusal to submit.
SECTION 46-9-22.2
§ 46-9-22.2 Chemical test – Consent– Administration – Use as evidence – Refusal to submit. –(a) Any pilot who operates a vessel within the waters of this state shall bedeemed to have given his or her consent to a chemical test of his or herbreath, blood, and/or urine for the purpose of determining the chemical contentof his or her body fluids or breath, provided that the test shall beadministered at the direction of a law enforcement officer having reasonablegrounds to believe the person to have been operating a vessel within the watersof this state while under the influence of intoxicating liquor, toluene, or anycontrolled substance as defined in chapter 28 of title 21, or any combinationthereof. The director of the department of health is empowered to make and filewith the secretary of state, regulations which prescribe the techniques andmethods of chemical analysis of the person's body fluids or breath, and thequalifications and certification of individuals authorized to administer suchtesting and analysis. When a person is required to submit to a blood test, onlya physician or registered nurse or a medical technician certified underregulations promulgated by the director of the department of health maywithdraw blood for the purpose of determining the alcoholic content therein.This limitation shall not apply to the taking of breath or urine specimens. Theperson tested shall be permitted as soon as reasonably possible to have aphysician of his or her own choosing and at his or her own expense administer achemical test of his or her breath, blood, and/or urine in addition to the oneadministered at the direction of the law enforcement officer.
(b) In any criminal prosecution for a violation of anyprovision of this chapter, evidence as to the amount of intoxicating liquor,toluene, or any controlled substance, as defined in chapter 28 of title 21, orany combination thereof, in the defendant's blood at the time alleged as shownby a chemical analysis of the defendant's breath, blood, or urine or otherbodily substance, shall be admissible and competent, provided, that thedefendant has consented to the taking of the test upon which the analysis ismade. Evidence that the defendant had refused to submit to the test shall notbe admissible unless the defendant elects to testify, and that additionalcompetent evidence is presented bearing on the question whether or not thedefendant was under the influence of intoxicating liquor, toluene, or anycontrolled substance as defined in chapter 28 of title 21, or any combinationthereof.
(c) If any pilot refuses, upon the request of a lawenforcement officer or any agent of the commission, to submit to a test asprovided in subsection (a) above, none shall be given, but the commission, ifit finds that the law enforcement officer or commission agent had reasonablegrounds to believe the pilot had been operating a vessel within the waters ofthis state under the influence of intoxicating liquor, toluene, or anycontrolled substance as defined in chapter 28 of title 21, or any combinationthereof, that the defendant has been informed of his or her rights inaccordance with subsections (a) and (b), above, that the defendant was affordeda reasonable opportunity to exercise those rights, that the defendant had beeninformed of the penalties incurred as a result of noncompliance with thissection, and that the person has refused to submit to the test upon request ofthe law enforcement officer or commission agent, shall, from the date of theofficial order of suspension, impose a mandatory license suspension of six (6)months for the first violation, and a mandatory license suspension of one yearfor the second violation; provided, however, that the commission may suspendfor a longer period or revoke or annul the license of any pilot charged with aviolation of this section, if presented with competent evidence bearing andupon satisfactory proof that the pilot has violated the provisions of §46-9-22 or § 46-9-23.