§ 46-22.2-5. Chemical tests for intoxication. (a) Any person who operates a watercraft in waters over which this state has jurisdiction impliedly consents to submit to the chemical test provisions of this chapter as a condition of operating a watercraft in this state.

(b) A law enforcement officer having probable cause to believe that a person has committed an offense under this chapter shall offer the person the opportunity to submit to a chemical test. It is not necessary for the law enforcement officer to offer a chemical test to an unconscious person. A law enforcement officer may offer a person more than one chemical test under this chapter. However, all tests must be administered within three (3) hours after the officer had probable cause to believe the person violated this chapter. A person must submit to each chemical test offered by a law enforcement officer in order to comply with the implied consent provisions of this chapter.

(c) If the chemical test results in relevant evidence, as defined in § 46-22.2-2(6) that the person is intoxicated, he or she may be arrested for an offense under this chapter. If the chemical test results in prima facie evidence as defined in § 46-22.2-2(5) that the person is intoxicated, he or she shall be arrested for an offense under this chapter.

(d) Any person who refuses to submit to a chemical test may be arrested for an offense under this chapter.

(e) At any proceeding under this chapter, a person's refusal to submit to a chemical test is inadmissible into evidence as to intoxication, but may be used as evidence of refusal.

(f) The provisions of § 31-27-2 concerning the certification and use of chemical breath tests apply to the use of such tests in a prosecution under this chapter.

(g) For the purposes of this section, any test of a sample of blood, breath or urine for the presence of alcohol, which relies in whole or in part upon the principal of infrared light absorption, is considered a chemical test.

(h) If a person for religious or medical reasons cannot be subjected to blood tests, and the person has filed an affidavit with the division of motor vehicles stating the reasons why he or she cannot be required to take blood tests, and a notation to that effect has been made on his or her license, and the license is presented to the law enforcement officer, the person, if asked to submit to chemical tests as provided under this chapter, shall only be required to submit to chemical tests of his or her urine. When a person is requested to submit to blood tests, only a physician or registered nurse or a medical technician certified under regulations promulgated by the director of the department of health may withdraw blood for the purpose of determining the alcoholic content in it. This limitation shall not apply to the taking of breath or urine specimens. The person tested shall be permitted to have a physician of his or her choosing and at his or her own expense administer chemical tests of his or her breath, blood and/or urine in addition to the tests administered at the discretion of a law enforcement officer.

(i) If a person having been placed under arrest pursuant to this chapter refuses upon the request of a law enforcement officer to submit to a chemical test under this chapter, none shall be given, but a sentencing judge, upon receipt of a report of a law enforcement officer: that he or she had reasonable grounds to believe the arrested person had been operating or otherwise driving a watercraft in waters over which this state has jurisdiction while under the influence of intoxicating liquor, toluene, or any controlled substance, or any combination of these; that the person had been informed of his or her rights; that the person had been informed of the penalties incurred as a result of noncompliance with this section; and that the person had refused to submit to the test upon the request of a law enforcement officer; shall order as follows:

(1) Impose for the first violation a fine of not less than three hundred dollars ($300) and order the person to perform ten (10) to sixty (60) hours of public community restitution. In addition, the person's right to operate a watercraft shall be suspended for a period of one year. In addition, the sentencing judge may require the person to attend a department of environmental management endorsed boating safety course, and/or receive alcohol or drug treatment.

(2) Every person convicted of a second violation within a five (5) year period shall be guilty of a misdemeanor, shall be imprisoned for not more than six (6) months, and shall pay a fine of not less than six hundred dollars ($600). In addition, the person's right to operate a watercraft shall be suspended for a period of two (2) years. In addition, the sentencing judge may require the person to receive alcohol or drug treatment.

(3) Every person convicted of a third or subsequent violation within a five (5) year period shall be guilty of a misdemeanor, shall be imprisoned for not more than one year, and shall pay a fine of not less than one thousand dollars ($1,000). In addition, the person's right to operate a watercraft shall be suspended for a period of three (3) years. In addition, the sentencing judge may require the person to receive alcohol or drug treatment.

(j) Jurisdiction for violations of this section shall be with the district court for persons eighteen (18) years of age or older and to the family court for persons under the age of eighteen (18) years. The court shall have full authority to impose any sentence authorized and to order the suspension of the right to operate watercraft for violations of this section. All trials in the district court and family court of violations of the section shall be scheduled within thirty (30) days of the arraignment date. No continuance or postponement shall be granted except for good cause shown. Any continuances that are necessary shall be granted for the shortest practicable time. Trials in superior court are not required to be scheduled within thirty (30) days of the arraignment date.

(k) In addition to any other fines, any person convicted of a violation under this section shall pay a boating safety assessment fine of five hundred dollars ($500), which shall be deposited into the general fund. The assessment fine provided for by this subsection shall be collected from a violator before any other fines authorized by this section.

(l) In addition to any other fines and boating safety assessment fine, a two hundred dollars ($200) assessment shall be paid by any person found in violation of this section to support the department of health's chemical testing programs outlined in subsection 31-27-2(4), which shall be deposited as general revenues, not restricted receipts.

(m) No fines, suspensions, assessments, alcohol or drug treatment programs, boating safety course, public community restitution, or jail provided for under this section can be suspended.

History of Section. (P.L. 1991, ch. 148, § 1; P.L. 1991, ch. 231, § 1; P.L. 1994, ch. 257, § 1; P.L. 2001, ch. 131, § 2; P.L. 2001, ch. 161, § 2; P.L. 2008, ch. 103, § 1.)