§ 46-22.2-6 - Admissibility of evidence.
SECTION 46-22.2-6
§ 46-22.2-6 Admissibility of evidence.– At any proceeding concerning an offense under this chapter, evidence of theamount of intoxicating liquor, toluene, or any controlled substance, or anycombination of these in the blood of the person charged with the offense at thetime of the alleged violation, as shown by a chemical analysis of his or herbreath, blood, urine, or other bodily substance, shall be admissible andcompetent, provided that evidence is presented and the following conditionshave been complied with:
(a) The defendant has consented to the taking of the testupon which the analysis is made. Evidence that the defendant had refused tosubmit to the test shall not be admissible unless the defendant elects totestify.
(b) A true copy of the report of the test result was mailedwithin seventy-two (72) hours of the taking of the test to the personsubmitting to a breath test.
(c) Any person submitting to a chemical test of blood, urineor other body fluids shall have a true copy of the report of the test resultmailed to him or her within thirty (30) days following the taking of the test.
(d) The test was performed according to methods and withequipment approved by the director of the department of health of the state ofRhode Island and by an authorized individual.
(e) Equipment used for the conduct of the tests buy means ofbreath analysis had been tested for accuracy within thirty (30) days precedingthe test by personnel qualified as hereinbefore provided, and breathalyzeroperators shall be qualified and certified by the department of health withinthree hundred sixty-five (365) days of the test.
(f) The person arrested and charged with operating awatercraft while under the influence of intoxicating liquor, toluene or anycontrolled substance, or any combination of these in violation of subsection(a) of this section was afforded the opportunity to have an additional chemicaltest. The officer arresting or so charging the person shall have informed theperson of this right and afforded him or her a reasonable opportunity toexercise this right, and a notation to this effect is made in the officialrecords of the case in the applicable law enforcement department. Refusal topermit an additional chemical test shall render incompetent and inadmissible inevidence the original report.