§ 31-27-2.3. Revocation of license upon refusal to submit to preliminary breath test.
(a) When a law enforcement officer has reason to believe that a person is driving or in actual physical control of any motor vehicle in this state while under the influence of alcohol, the law enforcement officer may require the person to submit to a preliminary breath analysis for the purpose of determining the person’s blood alcohol content. The breath analysis must be administered immediately upon the law enforcement officer’s formulation of a reasonable belief that the person is driving or in actual control of a motor vehicle while under the influence of alcohol, or immediately upon the stop of the person, whichever is later in time. Any chemical breath analysis required under this section must be administered with a device and in a manner approved by the director of the department of health for that purpose. The result of a preliminary chemical breath analysis may be used for the purpose of guiding the officer in deciding whether an arrest should be made. When a driver is arrested following 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 evidence in any administrative or court proceeding involving driving while intoxicated or refusing to take a breathalyzer test, except as evidence of probable cause in making the initial arrest.
(b) If a person refuses, upon a lawful request of a law enforcement 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 the penalty provided in § 31-41.1-4. However, it shall be a defense to a charge of refusing a validly requested preliminary breath analysis that the medical condition of a person precluded the giving of any such test.
History of Section.P.L. 1982, ch. 326, § 1; P.L. 2002, ch. 292, § 123.
Structure Rhode Island General Laws
Title 31 - Motor and Other Vehicles
Chapter 31-27 - Motor Vehicle Offenses
Section 31-27-1. - Driving so as to endanger, resulting in death.
Section 31-27-1.1. - Driving so as to endanger, resulting in serious personal injury.
Section 31-27-1.2. - Driving so as to endanger, resulting in physical injury.
Section 31-27-2. - Driving under influence of liquor or drugs.
Section 31-27-2.1. - Refusal to submit to chemical test.
Section 31-27-2.2. - Driving under the influence of liquor or drugs, resulting in death.
Section 31-27-2.3. - Revocation of license upon refusal to submit to preliminary breath test.
Section 31-27-2.4. - Driving while in possession of controlled substances.
Section 31-27-2.7. - Driving while impaired.
Section 31-27-2.9. - Administration of chemical test.
Section 31-27-3. - Right of person charged with operating under influence to physical examination.
Section 31-27-3.1. - Annual Impaired Driving Report.
Section 31-27-4. - Reckless driving and other offenses against public safety.
Section 31-27-4.1. - Eluding a law enforcement officer with a motor vehicle in a high speed pursuit.
Section 31-27-4.2. - Minimal requirements.
Section 31-27-4.3. - Forfeiture of motor vehicle.
Section 31-27-4.4. - Motor vehicle forfeiture procedure.
Section 31-27-4.5. - Educational requirement.
Section 31-27-5. - Motor carriers — Maximum driving and on-duty time.
Section 31-27-6. - Lanes of operation.
Section 31-27-7. - Commercial vehicles — Off-duty conditions — Emergency exceptions.
Section 31-27-8. - Commercial vehicles — Penalty for excessive hours of driving.
Section 31-27-9. - Parties to offenses.
Section 31-27-10. - Offenses by persons directing drivers.
Section 31-27-11. - Vehicle used as bail.
Section 31-27-12. - Service of notice — Summons.
Section 31-27-12.1. - Preparation of summons and related records — Content and form.
Section 31-27-12.2. - Distribution of books or pads.
Section 31-27-12.3. - Preparation and disposition of records.
Section 31-27-12.4. - Disposition of complaint only by court.
Section 31-27-13. - Nature of offenses — Penalty.
Section 31-27-14. - Penalty for felonies.
Section 31-27-15. - Disposition of fines and forfeitures.
Section 31-27-17. - Permitting juvenile to operate an unregistered motorcycle.
Section 31-27-18. - Emergency medical services — Special assessment.
Section 31-27-19. - Operating a motor vehicle on a bicycle lane, trail or path.
Section 31-27-20. - Operation of a motor vehicle — Letter carrier.
Section 31-27-21. - Community restitution.
Section 31-27-22. - Street racing — Justin Nunes’ Law.
Section 31-27-23. - Penalties for failure to comply with § 24-8-4.2.