Chemical Tests and Admissibility

When an individual is pulled over under suspicion of driving under the influence of drugs or alcohol, they are often required to submit to a chemical test in order to objectively determine their blood alcohol content. In Rhode Island, refusal to submit to these tests is a criminal offense so many drivers ultimately accept the requirement and submit to the test.

Many of these tests are associated with certain reporting failures. However, even if the results of the test are accurate, they may still be inadmissible in a court of law. In order for chemical test results to be considered legitimate and allowable in court, they must first meet a number of different conditions. Contact Rhode Island DUI defense attorney James Powderly at 401-662-9006 today to learn more about whether your test results may be inadmissible.

Requirements for Chemical Test Admissibility

There are four types of test which may be administered in DUI arrests: breath, blood, urine, and saliva tests. For the results of any of one these tests to be legally admissible, the test must meet certain criteria, including:

• The individual was tested by their consent
• The individual was given their test results within a certain amount of time
• The Rhode Island Department of Health approved the test methods and personnel
• The individual was told that they could have a second test performed

Unless these requirements are met, the results of a DUI chemical test cannot be allowed in Rhode Island courts.

Contact Us

If you or someone you know has been arrested for DUI, it can be a frightening prospect. Fortunately, an experienced lawyer may be able to have your charges reduced or even dropped. Contact Rhode Island DUI defense lawyer James Powderly today at 401-662-9006 to learn more about what you can do to protect yourself against this damaging accusation.