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Admissible Evidence for DUI in Rhode Island

To prove guilt, evidence, such as blood, breath, or urine samples and others, must show that the person’s BAC was actually 0.08% or higher, the person’s blood had controlled substance, or both, and the individual was not capable of safely operating the vehicle. It is not a defense that the individual was legally entitled to use alcohol or drug(s) when violating the DUI offense.

Evidence, such as chemical analysis of breath, blood, or urine, that determines the amount of intoxication of alcohol and/or drugs in the individual’s blood at the time of the alleged DUI violation, may be admissible if the individual 1) consented to taking the test or there is no consent but a warrant; 2) took a breath test and a copy of the report was mailed to the person within 72 hours of taking the test; and 3) took a chemical test (blood, urine, or other bodily fluids) and a copy was mailed to the person within 30 days of taking the test. Furthermore, 4) the test methods and equipments must have been approved in advance; 5) equipment used for the breath test must have been tested accuracy within 30 days of taking the actual test, and was conducted by those who are qualified and certified within 365 days of the test; and 6) the officer must have afforded the individual the opportunity to have an additional test by informing and granting the individual a reasonable opportunity for him or her to exercise the right, which must have been noted. If the officer refused the individual such right, then this alone may be grounds for refusal to admit evidence.


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