Preliminary Breath Test

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). Defendant claimed that the trial judge improperly inferred that the preliminary breath test that was administered to her operated on fuel-cell technology rather than infrared light absorption. The Court held that it was reasonable for the trial judge to infer that the PBT that the officer administered to the defendant utilized fuel-cell technology because the state’s expert witness testified that all PBTs issued by the Department of Health operated on the principle of fuel-cell technology and that all Rhode Island police were instructed to use only PBTs that had been issued by the Department of Health. Accordingly, the Court affirmed the decision of the trial judge.Town of Warwick v. Leslie Haley, C.A. No. T12-0019 (May 23, 2012).pdf