Rhode Island General Laws
R.I. Gen. Laws § 31-27-3 (2026)
Right of person charged with operating under influence to physical examination
✓ current as of July 2026
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A person arrested and charged with operating a motor vehicle while under the influence of narcotic drugs or intoxicating liquor, whatever its alcoholic content, shall have the right to be examined at his or her own expense immediately after the person’s arrest by a physician selected by the person, and the officer so arresting or so charging the person shall immediately inform the person of this right and afford the person a reasonable opportunity to exercise the right, and at the trial of the person the prosecution must prove that he or she was so informed and was afforded that opportunity.
Notes of Decisions
Cited in 16
cases, 1964–2012 · leading case: State v. Pineda, 712 A.2d 858 (R.I. 1998).
State v. Pineda, 712 A.2d 858 (R.I. 1998). “On that one point we agree with Chief Justice Weisberger's dissent except for one important consideration: the prosecution's burden of proof in a District Court criminal prosecution for establishing compliance with G.L. 1956 § 31-27-3. Section 31-27-3 expressly provides that "at…”
State v. DiStefano, 764 A.2d 1156 (R.I. 2000). “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 21-28 of the general laws,…”
State v. Langella, 650 A.2d 478 (R.I. 1994). “On appeal defendant argues that the officer did not comply with § 31-27-3 of the General Laws which provides that a person charged with driving under the influence shall have the right immediately after his or her arrest to be examined at his or her own expense by a physician…”
Pimental v. Dep't of Transp., 561 A.2d 1348 (R.I. 1989). “pon receipt of a report of a law enforcement officer that he 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…”
Dunn v. Petit, 388 A.2d 809 (R.I. 1978). “Both arrestees were taken to the appropriate police stations, where they were again notified of their rights as set out in the implied-consent advisory, §31-27-3. Dunn and Wilbour were then each requested to submit to a breathalyzer test and each refused to do so without first…”
State v. Mendes, 210 A.2d 50 (R.I. 1965). “He was informed of his right under § 31-27-3 to be examined by a physician of his own choice.”
State v. Robinson, 972 A.2d 150 (R.I. 2009). “nable grounds to bhlieve that the arrested person had been driving a motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any controlled substance, * * * (2) the person while under arrest refused to submit to the tests upon the request of…”
State v. Ensey, 881 A.2d 81 (R.I. 2005). “In Langella , we rejected an argument by the defendant that, once a trial justice initially determines that the police complied with the foundational requirements of § 31-27-3, the issue of compliance should then be submitted to the jury.”
State v. Berker, 391 A.2d 107 (R.I. 1978). “§31-27-2, as amended, none shall be given, but the registrar, upon receipt of a sworn report of such law enforcement officer that he had reasonable grounds to believe the arrested person had been driving a motor vehicle upon the public highways of this state while under the…”
Link v. State, 633 A.2d 1345 (R.I. 1993). “ve that the arrested person had been driving a motor vehicle within * * * [Rhode Island] while under the influence of intoxicating liquor * * * or any controlled substance * * * and that said person while under arrest refused to submit to the [breathalyzer] test[ ] upon the…”
State Ex Rel. Widergren v. Charette, 290 A.2d 858 (R.I. 1972). “§31-27-2, as amended, none shall be given, but the registrar, upon receipt of a sworn report of such law enforcement officer that he had reasonable grounds to believe the arrested person had been driving a motor vehicle upon the public highways of this state while under the…”
DiSalvo v. Williamson, 259 A.2d 671 (R.I. 1969). “chemical test * * * none shall be given, but the registrar, upon a receipt of a sworn report of such law enforcement officer that he had reasonable grounds to believe the arrested person had been driving a motor vehicle upon the public highways of this state while under the…”
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