§ 46-22.2-6. Admissibility of evidence. At any proceeding concerning an offense under this chapter, evidence of the amount of intoxicating liquor, toluene, or any controlled substance, or any combination of these in the blood of the person charged with the offense at the time of the alleged violation, as shown by a chemical analysis of his or her breath, blood, urine, or other bodily substance, shall be admissible and competent, provided that evidence is presented and the following conditions have been complied with:
(a) The defendant has consented to the taking of the test upon which the analysis is made. Evidence that the defendant had refused to submit to the test shall not be admissible unless the defendant elects to testify.
(b) A true copy of the report of the test result was mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath test.
(c) Any person submitting to a chemical test of blood, urine or other body fluids shall have a true copy of the report of the test result mailed to him or her within thirty (30) days following the taking of the test.
(d) The test was performed according to methods and with equipment approved by the director of the department of health of the state of Rhode Island and by an authorized individual.
(e) Equipment used for the conduct of the tests buy means of breath analysis had been tested for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore provided, and breathalyzer operators shall be qualified and certified by the department of health within three hundred sixty-five (365) days of the test.
(f) The person arrested and charged with operating a watercraft while under the influence of intoxicating liquor, toluene or any controlled substance, or any combination of these in violation of subsection (a) of this section was afforded the opportunity to have an additional chemical test. The officer arresting or so charging the person shall have informed the person of this right and afforded him or her a reasonable opportunity to exercise this right, and a notation to this effect is made in the official records of the case in the applicable law enforcement department. Refusal to permit an additional chemical test shall render incompetent and inadmissible in evidence the original report.
History of Section. (P.L. 1991, ch. 148, § 1; P.L. 1991, ch. 231, § 1; P.L. 2008, ch. 103, § 1.)
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