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R.I. Gen. Laws § 31-27-2.3(b) provides an explicit affirmative defense to a PBT refusal charge if a medical condition precluded the giving of the test. Common qualifying conditions include asthma, COPD, severe acid reflux (GERD), recent dental surgery, diabetic ketoacidosis, and certain mouth injuries. Document the condition and discuss it with your defense lawyer.

What if I have a medical condition that prevents me from taking a PBT?2026-10-29T22:19:40+00:00

Published October 29, 2026 | RI Preliminary Breath Test Refusal