§ 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.