57 RI Bar J., No. 1, Pg. 9. Effects of Revised Regulations on Drunk Driving and Refusal Cases.

• Author: Robert H. Humphrey, Esq.

Rhode Island Bar Journal

Volume 57.

57 RI Bar J., No. 1, Pg. 9.

Effects of Revised Regulations on Drunk Driving and Refusal Cases

Rhode Island Bar JournalJuly/August 2008 Volume 57, No. 1, Pg. 9 Effects of Revised Regulations on Drunk Driving and Refusal CasesRobert H. Humphrey, Esq.Practices from the Law Offices of Robert H. Humphrey in Tiverton

Pursuant to Rhode Island General Law (R.I. Gen. Laws) 31-27-2.1 ("Refusal Statute"), "[a]ny person who operates a motor vehicle within this state shall be deemed to have given his or her consent to chemical tests 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."

Moreover, the Refusal Statute states, "[i]f a person having been placed under arrest refuses upon the request of a law enforcement officer to submit to the tests, as provided in section 31-27-2, none shall be given, but a judge of the traffic tribunal or district court judge, upon receipt of a report of a law enforcement officer:

. that he or she had reasonable grounds to believe the arrested person had been driving a motor vehicle within this state under the influence of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any combination of these;

. that the person had been informed of his or her rights in accordance with section 31-27-3;

. that the person had been informed of the penalties incurred as a result of noncompliance with this section; and

. that the person had refused to submit to the tests upon the request of a law enforcement officer;

shall promptly order that the person's operator's license or privilege to operate a motor vehicle in this state be immediately suspended and that the person's license be surrendered within five (5) days of notice of suspension."

The Refusal Statute also states that the chemical tests shall consist of, "[n]o more than two (2) complete tests, one for the presence of intoxicating liquor and one for the presence of toluene or any controlled substance, as defined in section 21-28-1.02(7), . . . 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...