§ 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 be deemed to have given his or her consent to a chemical test of his or her breath, blood, and/or urine for the purpose of determining the chemical content of his or her body fluids or breath, provided that the test shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been operating a vessel within the waters of this state while under the influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination thereof. The director of the department of health is empowered to make and file with the secretary of state, regulations which prescribe the techniques and methods of chemical analysis of the person's body fluids or breath, and the qualifications and certification of individuals authorized to administer such testing and analysis. When a person is required to submit to a blood test, 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 therein. This limitation shall not apply to the taking of breath or urine specimens. The person tested shall be permitted as soon as reasonably possible to have a physician of his or her own choosing and at his or her own expense administer a chemical test of his or her breath, blood, and/or urine in addition to the one administered at the direction of the law enforcement officer.

(b) In any criminal prosecution for a violation of any provision of this chapter, evidence as to the amount of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any combination thereof, in the defendant's blood at the time alleged as shown by a chemical analysis of the defendant's breath, blood, or urine or other bodily substance, shall be admissible and competent, provided, that 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, and that additional competent evidence is presented bearing on the question whether or not the defendant was under the influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination thereof.

(c) If any pilot refuses, upon the request of a law enforcement officer or any agent of the commission, to submit to a test as provided in subsection (a) above, none shall be given, but the commission, if it finds that the law enforcement officer or commission agent had reasonable grounds to believe the pilot had been operating a vessel within the waters of this state under the influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination thereof, that the defendant has been informed of his or her rights in accordance with subsections (a) and (b), above, that the defendant was afforded a reasonable opportunity to exercise those rights, that the defendant had been informed of the penalties incurred as a result of noncompliance with this section, and that the person has refused to submit to the test upon request of the law enforcement officer or commission agent, shall, from the date of the official order of suspension, impose a mandatory license suspension of six (6) months for the first violation, and a mandatory license suspension of one year for the second violation; provided, however, that the commission may suspend for a longer period or revoke or annul the license of any pilot charged with a violation of this section, if presented with competent evidence bearing and upon satisfactory proof that the pilot has violated the provisions of § 46-9-22 or § 46-9-23.

History of Section. (P.L. 1989, ch. 316, § 1; P.L. 1989, ch. 363, § 1.)