§ 31-27-2.9 - Administration of chemical test. - Rhode Island Statutes

SECTION 31-27-2.9

   § 31-27-2.9  Administration of chemicaltest. – (a) Notwithstanding any provision of § 31-27-2.1, if an individual refusesto consent to a chemical test as provided in § 31-27-2.1, and a peaceofficer, as defined in § 12-7-21, has probable cause to believe that theindividual has violated one or more of the following sections: 31-27-1,31-27-1.1, 31-27-2.2, or 31-27-2.6 and that the individual was operating amotor vehicle under the influence of any intoxicating liquor, toluene or anycontrolled substance as defined in chapter 21-28, or any combination thereof, achemical test may be administered without the consent of that individualprovided that the peace officer first obtains a search warrant authorizingadministration of the chemical test. The chemical test shall determine theamount of the alcohol or the presence of a controlled substance in thatperson's blood or breath.

   (b) The chemical test shall be administered in accordancewith the methods approved by the director of the department of health asprovided for in subdivision 31-27-2(c)(4). The individual shall be afforded theopportunity to have an additional chemical test as established in subdivision31-27-2(c)(6).

   (c) Notwithstanding any other law to the contrary, including,but not limited to, chapter 5-37.3, any health care provider who, as authorizedby the search warrant in subsection (a):

   (i) Takes a blood or breath sample from an individual; or

   (ii) Performs the chemical test; or

   (iii) Provides information to a peace officer pursuant tosubsection (a) above and who uses reasonable care and accepted medicalpractices shall not be liable in any civil or criminal proceeding arising fromthe taking of the sample, from the performance of the chemical test or from thedisclosure or release of the test results.

   (d) The results of a chemical test performed pursuant to thissection shall be admissible as competent evidence in any civil or criminalprosecution provided that evidence is presented in compliance with theconditions set forth in subdivisions 31-27-2(c)(3), 31-27-2(c)(4) and31-27-2(c)(6).

   (e) All chemical tests administered pursuant to this sectionshall be audio and video recorded by the law enforcement agency which appliedfor and was granted the search warrant authorizing the administration of thechemical test.