§ 46-22.2-5 - Chemical tests for intoxication.
SECTION 46-22.2-5
§ 46-22.2-5 Chemical tests forintoxication. – (a) Any person who operates a watercraft in waters over which this state hasjurisdiction impliedly consents to submit to the chemical test provisions ofthis chapter as a condition of operating a watercraft in this state.
(b) A law enforcement officer having probable cause tobelieve that a person has committed an offense under this chapter shall offerthe person the opportunity to submit to a chemical test. It is not necessaryfor the law enforcement officer to offer a chemical test to an unconsciousperson. A law enforcement officer may offer a person more than one chemicaltest under this chapter. However, all tests must be administered within three(3) hours after the officer had probable cause to believe the person violatedthis chapter. A person must submit to each chemical test offered by a lawenforcement officer in order to comply with the implied consent provisions ofthis chapter.
(c) If the chemical test results in relevant evidence, asdefined in 46-22.2-2(7) that the person is intoxicated, he or she may bearrested for an offense under this chapter. If the chemical test results inprima facie evidence as defined in 46-22.2-2(6) 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 maybe arrested for an offense under this chapter.
(e) At any proceeding under this chapter, a person's refusalto 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 thecertification and use of chemical breath tests apply to the use of such testsin a prosecution under this chapter.
(g) For the purposes of this section, any test of a sample ofblood, breath or urine for the presence of alcohol, which relies in whole or inpart upon the principal of infrared light absorption, is considered a chemicaltest.
(h) If a person for religious or medical reasons cannot besubjected to blood tests, and the person has filed an affidavit with thedivision of motor vehicles stating the reasons why he or she cannot be requiredto take blood tests, and a notation to that effect has been made on his or herlicense, and the license is presented to the law enforcement officer, theperson, 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 aperson is requested to submit to blood tests, only a physician or registerednurse or a medical technician certified under regulations promulgated by thedirector of the department of health may withdraw blood for the purpose ofdetermining the alcoholic content in it. This limitation shall not apply to thetaking of breath or urine specimens. The person tested shall be permitted tohave a physician of his or her choosing and at his or her own expenseadminister chemical tests of his or her breath, blood and/or urine in additionto the tests administered at the discretion of a law enforcement officer.
(i) If a person having been placed under arrest pursuant tothis chapter refuses upon the request of a law enforcement officer to submit toa chemical test under this chapter, none shall be given, but a sentencingjudge, upon receipt of a report of a law enforcement officer: that he or shehad reasonable grounds to believe the arrested person had been operating orotherwise driving a watercraft in waters over which this state has jurisdictionwhile under the influence of intoxicating liquor, toluene, or any controlledsubstance, or any combination of these; that the person had been informed ofhis or her rights; that the person had been informed of the penalties incurredas a result of noncompliance with this section; and that the person had refusedto submit to the test upon the request of a law enforcement officer; shallorder as follows:
(1) Impose for the first violation a fine of not less thanthree 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 tooperate a watercraft shall be suspended for a period of one year. In addition,the sentencing judge may require the person to attend a department ofenvironmental management endorsed boating safety course, and/or receive alcoholor drug treatment.
(2) Every person convicted of a second violation within afive (5) year period shall be guilty of a misdemeanor, shall be imprisoned fornot more than six (6) months, and shall pay a fine of not less than six hundreddollars ($600). In addition, the person's right to operate a watercraft shallbe suspended for a period of two (2) years. In addition, the sentencing judgemay require the person to receive alcohol or drug treatment.
(3) Every person convicted of a third or subsequent violationwithin a five (5) year period shall be guilty of a misdemeanor, shall beimprisoned for not more than one year, and shall pay a fine of not less thanone thousand dollars ($1,000). In addition, the person's right to operate awatercraft shall be suspended for a period of three (3) years. In addition, thesentencing judge may require the person to receive alcohol or drug treatment.
(j) Jurisdiction for violations of this section shall be withthe district court for persons eighteen (18) years of age or older and to thefamily court for persons under the age of eighteen (18) years. The court shallhave full authority to impose any sentence authorized and to order thesuspension of the right to operate watercraft for violations of this section.All trials in the district court and family court of violations of the sectionshall be scheduled within thirty (30) days of the arraignment date. Nocontinuance or postponement shall be granted except for good cause shown. Anycontinuances that are necessary shall be granted for the shortest practicabletime. 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 aviolation under this section shall pay a boating safety assessment fine of fivehundred dollars ($500), which shall be deposited into the general fund. Theassessment fine provided for by this subsection shall be collected from aviolator before any other fines authorized by this section.
(l) In addition to any other fines and boating safetyassessment fine, a two hundred dollars ($200) assessment shall be paid by anyperson found in violation of this section to support the department of health'schemical testing programs outlined in subsection 31-27-2(4), which shall bedeposited as general revenues, not restricted receipts.
(m) No fines, suspensions, assessments, alcohol or drugtreatment programs, boating safety course, public community restitution, orjail provided for under this section can be suspended.