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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- H 5216 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000202 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO MOTOR AN D OTHER VEHICLES - MOTOR VEHICLE OFFENS ES |
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| 16 | 16 | | Introduced By: Representatives Serpa, and Noret |
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| 17 | 17 | | Date Introduced: January 19, 2023 |
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| 18 | 18 | | Referred To: House Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Sections 31-27-2 and 31-27-2.1 of the General Laws in Chapter 31-27 entitled 1 |
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| 23 | 23 | | "Motor Vehicle Offenses" are hereby amended to read as follows: 2 |
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| 24 | 24 | | 31-27-2. Driving under influence of liquor or drugs. 3 |
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| 25 | 25 | | (a) Whoever drives or otherwise operates any vehicle in the state while under the influence 4 |
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| 26 | 26 | | of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of 5 |
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| 27 | 27 | | title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in 6 |
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| 28 | 28 | | subsection (d)(3), and shall be punished as provided in subsection (d) of this section. 7 |
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| 29 | 29 | | (b)(1) Any person charged under subsection (a), whose blood alcohol concentration is eight 8 |
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| 30 | 30 | | one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis of a 9 |
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| 31 | 31 | | blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall not 10 |
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| 32 | 32 | | preclude a conviction based on other admissible evidence. Proof of guilt under this section may 11 |
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| 33 | 33 | | also be based on evidence that the person charged was under the influence of intoxicating liquor, 12 |
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| 34 | 34 | | drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of 13 |
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| 35 | 35 | | these, to a degree that rendered the person incapable of safely operating a vehicle. The fact that any 14 |
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| 36 | 36 | | person charged with violating this section is, or has been, legally entitled to use alcohol or a drug 15 |
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| 37 | 37 | | shall not constitute a defense against any charge of violating this section. 16 |
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| 38 | 38 | | (2) [Deleted by P.L. 2021, ch. 170, § 1 and P.L. 2021, ch. 171, § 1.] 17 |
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| 39 | 39 | | (c) In any criminal prosecution for a violation of subsection (a), evidence as to the amount 18 |
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| 40 | 40 | | of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC000202 - Page 2 of 15 |
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| 44 | 44 | | any combination of these, in the defendant's blood at the time alleged as shown by a chemical 1 |
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| 45 | 45 | | analysis of the defendant's breath, blood, or urine or other bodily substance, shall be admissible and 2 |
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| 46 | 46 | | competent, provided that evidence is presented that the following conditions have been complied 3 |
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| 47 | 47 | | with: 4 |
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| 48 | 48 | | (1) The defendant has consented to the taking of the test upon which the analysis is made. 5 |
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| 49 | 49 | | Evidence that the defendant had refused to submit to the test shall not be admissible unless the 6 |
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| 50 | 50 | | defendant elects to testify. 7 |
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| 51 | 51 | | (2) A true copy of the report of the test result was hand delivered at the location of the test 8 |
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| 52 | 52 | | or mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath 9 |
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| 53 | 53 | | test. 10 |
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| 54 | 54 | | (3) Any person submitting to a chemical test of blood, urine, or other body fluids shall have 11 |
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| 55 | 55 | | a true copy of the report of the test result mailed to him or her within thirty (30) days following the 12 |
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| 56 | 56 | | taking of the test. 13 |
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| 57 | 57 | | (4) The test was performed according to methods and with equipment approved by the 14 |
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| 58 | 58 | | director of the department of health of the state of Rhode Island and by an authorized individual. 15 |
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| 59 | 59 | | (5) Equipment used for the conduct of the tests by means of breath analysis had been tested 16 |
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| 60 | 60 | | for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore 17 |
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| 61 | 61 | | provided, and breathalyzer operators shall be qualified and certified by the department of health 18 |
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| 62 | 62 | | within three hundred sixty-five (365) days of the test. 19 |
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| 63 | 63 | | (6) The person arrested and charged with operating a motor vehicle while under the 20 |
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| 64 | 64 | | influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of 21 |
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| 65 | 65 | | title 21 or any combination of these in violation of subsection (a), was afforded the opportunity to 22 |
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| 66 | 66 | | have an additional chemical test. The officer arresting or so charging the person shall have informed 23 |
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| 67 | 67 | | the person of this right and afforded him or her a reasonable opportunity to exercise this right, and 24 |
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| 68 | 68 | | a notation to this effect is made in the official records of the case in the police department. Refusal 25 |
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| 69 | 69 | | to permit an additional chemical test shall render incompetent and inadmissible in evidence the 26 |
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| 70 | 70 | | original report. 27 |
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| 71 | 71 | | (d)(1) (i) Every person found to have violated subsection (b)(1) shall be sentenced as 28 |
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| 72 | 72 | | follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one 29 |
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| 73 | 73 | | percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood presence 30 |
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| 74 | 74 | | of any scheduled controlled substance as defined in chapter 28 of title 21, shall be subject to a fine 31 |
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| 75 | 75 | | of not less than one hundred dollars ($100), nor more than three hundred dollars ($300); shall be 32 |
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| 76 | 76 | | required to perform ten (10) to sixty (60) hours of public community restitution, and/or shall be 33 |
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| 77 | 77 | | imprisoned for up to one year. The sentence may be served in any unit of the adult correctional 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC000202 - Page 3 of 15 |
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| 81 | 81 | | institutions in the discretion of the sentencing judge and/or shall be required to attend a special 1 |
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| 82 | 82 | | course on driving while intoxicated or under the influence of a controlled substance; provided, 2 |
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| 83 | 83 | | however, that the court may permit a servicemember or veteran to complete any court-approved 3 |
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| 84 | 84 | | counseling program administered or approved by the Veterans' Administration, and his or her 4 |
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| 85 | 85 | | driver's license shall be suspended for thirty (30) days up to one hundred eighty (180) days. The 5 |
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| 86 | 86 | | sentencing judge or magistrate may prohibit that person from operating a motor vehicle, pursuant 6 |
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| 87 | 87 | | to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system 7 |
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| 88 | 88 | | and/or blood and urine testing as provided in § 31-27-2.8. 8 |
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| 89 | 89 | | (ii) Every person convicted of a first violation whose blood alcohol concentration is one-9 |
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| 90 | 90 | | tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent 10 |
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| 91 | 91 | | (.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less than 11 |
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| 92 | 92 | | one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required to 12 |
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| 93 | 93 | | perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for 13 |
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| 94 | 94 | | up to one year. The sentence may be served in any unit of the adult correctional institutions in the 14 |
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| 95 | 95 | | discretion of the sentencing judge. The person's driving license shall be suspended for a period of 15 |
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| 96 | 96 | | three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special 16 |
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| 97 | 97 | | course on driving while intoxicated or under the influence of a controlled substance and/or 17 |
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| 98 | 98 | | alcoholic or drug treatment for the individual; provided, however, that the court may permit a 18 |
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| 99 | 99 | | servicemember or veteran to complete any court-approved counseling program administered or 19 |
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| 100 | 100 | | approved by the Veterans' Administration. The sentencing judge or magistrate may prohibit that 20 |
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| 101 | 101 | | person from operating a motor vehicle that is not equipped with an ignition interlock system as 21 |
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| 102 | 102 | | provided in § 31-27-2.8. 22 |
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| 103 | 103 | | (iii) Every person convicted of a first offense whose blood alcohol concentration is fifteen 23 |
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| 104 | 104 | | hundredths of one percent (.15%) or above, or who is under the influence of a drug, toluene, or any 24 |
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| 105 | 105 | | controlled substance as defined in subsection (b)(1), shall be subject to a fine of five hundred dollars 25 |
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| 106 | 106 | | ($500) and shall be required to perform twenty (20) to sixty (60) hours of public community 26 |
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| 107 | 107 | | restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit 27 |
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| 108 | 108 | | of the adult correctional institutions in the discretion of the sentencing judge. The person's driving 28 |
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| 109 | 109 | | license shall be suspended for a period of three (3) months to eighteen (18) months. The sentencing 29 |
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| 110 | 110 | | judge shall require attendance at a special course on driving while intoxicated or under the influence 30 |
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| 111 | 111 | | of a controlled substance and/or alcohol or drug treatment for the individual; provided, however, 31 |
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| 112 | 112 | | that the court may permit a servicemember or veteran to complete any court-approved counseling 32 |
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| 113 | 113 | | program administered or approved by the Veterans' Administration. The sentencing judge or 33 |
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| 114 | 114 | | magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC000202 - Page 4 of 15 |
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| 118 | 118 | | or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and 1 |
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| 119 | 119 | | urine testing as provided in § 31-27-2.8. 2 |
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| 120 | 120 | | (2)(i) Every person convicted of a second violation within a five-year (5) ten-year (10) 3 |
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| 121 | 121 | | period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, 4 |
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| 122 | 122 | | but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is 5 |
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| 123 | 123 | | unknown, or who has a blood presence of any controlled substance as defined in chapter 28 of title 6 |
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| 124 | 124 | | 21, and every person convicted of a second violation within a five-year (5) ten-year (10) period, 7 |
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| 125 | 125 | | regardless of whether the prior violation and subsequent conviction was a violation and subsequent 8 |
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| 126 | 126 | | conviction under this statute or under the driving under the influence of liquor or drugs statute of 9 |
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| 127 | 127 | | any other state, shall be subject to a mandatory fine of four hundred dollars ($400). The person's 10 |
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| 128 | 128 | | driving license shall be suspended for a period of one year to two (2) years, and the individual shall 11 |
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| 129 | 129 | | be sentenced to not less than ten (10) days, nor more than one year, in jail. The sentence may be 12 |
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| 130 | 130 | | served in any unit of the adult correctional institutions in the discretion of the sentencing judge; 13 |
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| 131 | 131 | | however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The 14 |
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| 132 | 132 | | sentencing judge shall require alcohol or drug treatment for the individual; provided, however, that 15 |
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| 133 | 133 | | the court may permit a servicemember or veteran to complete any court-approved counseling 16 |
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| 134 | 134 | | program administered or approved by the Veterans' Administration and shall prohibit that person 17 |
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| 135 | 135 | | from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not 18 |
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| 136 | 136 | | equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-19 |
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| 137 | 137 | | 2.8. 20 |
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| 138 | 138 | | (ii) Every person convicted of a second violation within a five-year (5) ten-year (10) period 21 |
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| 139 | 139 | | whose blood alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight 22 |
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| 140 | 140 | | as shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence 23 |
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| 141 | 141 | | of a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to 24 |
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| 142 | 142 | | mandatory imprisonment of not less than six (6) months, nor more than one year; a mandatory fine 25 |
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| 143 | 143 | | of not less than one thousand dollars ($1,000); and a mandatory license suspension for a period of 26 |
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| 144 | 144 | | two (2) years from the date of completion of the sentence imposed under this subsection. The 27 |
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| 145 | 145 | | sentencing judge shall require alcohol or drug treatment for the individual; provided, however, that 28 |
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| 146 | 146 | | the court may permit a servicemember or veteran to complete any court approved counseling 29 |
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| 147 | 147 | | program administered or approved by the Veterans' Administration. The sentencing judge or 30 |
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| 148 | 148 | | magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) 31 |
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| 149 | 149 | | or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and 32 |
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| 150 | 150 | | urine testing as provided in § 31-27-2.8. 33 |
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| 151 | 151 | | (3)(i) Every person convicted of a third or subsequent violation within a five-year (5) ten-34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC000202 - Page 5 of 15 |
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| 155 | 155 | | year (10) period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) 1 |
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| 156 | 156 | | or above, but less than fifteen hundredths of one percent (.15%), or whose blood alcohol 2 |
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| 157 | 157 | | concentration is unknown or who has a blood presence of any scheduled controlled substance as 3 |
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| 158 | 158 | | defined in chapter 28 of title 21, regardless of whether any prior violation and subsequent 4 |
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| 159 | 159 | | conviction was a violation and subsequent conviction under this statute or under the driving under 5 |
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| 160 | 160 | | the influence of liquor or drugs statute of any other state, shall be guilty of a felony and be subject 6 |
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| 161 | 161 | | to a mandatory fine of four hundred ($400) dollars. The person's driving license shall be suspended 7 |
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| 162 | 162 | | for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less than 8 |
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| 163 | 163 | | one year and not more than three (3) years in jail. The sentence may be served in any unit of the 9 |
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| 164 | 164 | | adult correctional institutions in the discretion of the sentencing judge; however, not less than forty-10 |
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| 165 | 165 | | eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require 11 |
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| 166 | 166 | | alcohol or drug treatment for the individual; provided, however, that the court may permit a 12 |
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| 167 | 167 | | servicemember or veteran to complete any court-approved counseling program administered or 13 |
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| 168 | 168 | | approved by the Veterans' Administration, and shall prohibit that person from operating a motor 14 |
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| 169 | 169 | | vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition 15 |
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| 170 | 170 | | interlock system and/or blood and urine testing as provided in § 31-27-2.8. 16 |
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| 171 | 171 | | (ii) Every person convicted of a third or subsequent violation within a five-year (5) ten-17 |
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| 172 | 172 | | year (10) period whose blood alcohol concentration is fifteen hundredths of one percent (.15%) 18 |
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| 173 | 173 | | above by weight as shown by a chemical analysis of a blood, breath, or urine sample, or who is 19 |
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| 174 | 174 | | under the influence of a drug, toluene, or any controlled substance as defined in subsection (b)(1), 20 |
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| 175 | 175 | | shall be subject to mandatory imprisonment of not less than three (3) years, nor more than five (5) 21 |
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| 176 | 176 | | years; a mandatory fine of not less than one thousand dollars ($1,000), nor more than five thousand 22 |
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| 177 | 177 | | dollars ($5,000); and a mandatory license suspension for a period of three (3) years from the date 23 |
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| 178 | 178 | | of completion of the sentence imposed under this subsection. The sentencing judge shall require 24 |
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| 179 | 179 | | alcohol or drug treatment for the individual. The sentencing judge or magistrate shall prohibit that 25 |
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| 180 | 180 | | person from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that 26 |
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| 181 | 181 | | is not equipped with an ignition interlock system and/or blood and urine testing as provided in § 27 |
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| 182 | 182 | | 31-27-2.8. 28 |
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| 183 | 183 | | (iii) In addition to the foregoing penalties, every person convicted of a third or subsequent 29 |
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| 184 | 184 | | violation within a five-year (5) ten-year (10) period, regardless of whether any prior violation and 30 |
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| 185 | 185 | | subsequent conviction was a violation and subsequent conviction under this statute or under the 31 |
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| 186 | 186 | | driving under the influence of liquor or drugs statute of any other state, shall be subject, in the 32 |
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| 187 | 187 | | discretion of the sentencing judge, to having the vehicle owned and operated by the violator seized 33 |
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| 188 | 188 | | and sold by the state of Rhode Island, with all funds obtained by the sale to be transferred to the 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC000202 - Page 6 of 15 |
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| 192 | 192 | | general fund. 1 |
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| 193 | 193 | | (4) Whoever drives or otherwise operates any vehicle in the state while under the influence 2 |
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| 194 | 194 | | of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of 3 |
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| 195 | 195 | | title 21, or any combination of these, when his or her license to operate is suspended, revoked, or 4 |
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| 196 | 196 | | cancelled for operating under the influence of a narcotic drug or intoxicating liquor, shall be guilty 5 |
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| 197 | 197 | | of a felony punishable by imprisonment for not more than three (3) years and by a fine of not more 6 |
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| 198 | 198 | | than three thousand dollars ($3,000). The court shall require alcohol and/or drug treatment for the 7 |
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| 199 | 199 | | individual; provided, the penalties provided for in this subsection (d)(4) shall not apply to an 8 |
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| 200 | 200 | | individual who has surrendered his or her license and served the court-ordered period of suspension, 9 |
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| 201 | 201 | | but who, for any reason, has not had his or her license reinstated after the period of suspension, 10 |
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| 202 | 202 | | revocation, or suspension has expired; provided, further, the individual shall be subject to the 11 |
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| 203 | 203 | | provisions of subsection (d)(2)(i), (d)(2)(ii), (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) regarding subsequent 12 |
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| 204 | 204 | | offenses, and any other applicable provision of this section. 13 |
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| 205 | 205 | | (5)(i) For purposes of determining the period of license suspension, a prior violation shall 14 |
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| 206 | 206 | | constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1. 15 |
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| 207 | 207 | | (ii) Any person over the age of eighteen (18) who is convicted under this section for 16 |
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| 208 | 208 | | operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of 17 |
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| 209 | 209 | | these, while a child under the age of thirteen (13) years was present as a passenger in the motor 18 |
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| 210 | 210 | | vehicle when the offense was committed shall be subject to immediate license suspension pending 19 |
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| 211 | 211 | | prosecution. Any person convicted of violating this section shall be guilty of a misdemeanor for a 20 |
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| 212 | 212 | | first offense and may be sentenced to a term of imprisonment of not more than one year and a fine 21 |
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| 213 | 213 | | not to exceed one thousand dollars ($1,000). Any person convicted of a second or subsequent 22 |
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| 214 | 214 | | offense shall be guilty of a felony offense and may be sentenced to a term of imprisonment of not 23 |
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| 215 | 215 | | more than five (5) years and a fine not to exceed five thousand dollars ($5,000). The sentencing 24 |
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| 216 | 216 | | judge shall also order a license suspension of up to two (2) years, require attendance at a special 25 |
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| 217 | 217 | | course on driving while intoxicated or under the influence of a controlled substance, and alcohol 26 |
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| 218 | 218 | | or drug education and/or treatment. The individual may also be required to pay a highway 27 |
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| 219 | 219 | | assessment fee of no more than five hundred dollars ($500) and the assessment shall be deposited 28 |
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| 220 | 220 | | in the general fund. 29 |
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| 221 | 221 | | (6)(i) Any person convicted of a violation under this section shall pay a highway 30 |
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| 222 | 222 | | assessment fine of five hundred dollars ($500) that shall be deposited into the general fund. The 31 |
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| 223 | 223 | | assessment provided for by this subsection shall be collected from a violator before any other fines 32 |
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| 224 | 224 | | authorized by this section. 33 |
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| 225 | 225 | | (ii) Any person convicted of a violation under this section shall be assessed a fee of eighty-34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC000202 - Page 7 of 15 |
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| 229 | 229 | | six dollars ($86). 1 |
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| 230 | 230 | | (7)(i) If the person convicted of violating this section is under the age of eighteen (18) 2 |
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| 231 | 231 | | years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of 3 |
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| 232 | 232 | | public community restitution and the juvenile's driving license shall be suspended for a period of 4 |
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| 233 | 233 | | six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing 5 |
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| 234 | 234 | | judge shall also require attendance at a special course on driving while intoxicated or under the 6 |
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| 235 | 235 | | influence of a controlled substance and alcohol or drug education and/or treatment for the juvenile. 7 |
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| 236 | 236 | | The juvenile may also be required to pay a highway assessment fine of no more than five hundred 8 |
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| 237 | 237 | | dollars ($500) and the assessment imposed shall be deposited into the general fund. 9 |
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| 238 | 238 | | (ii) If the person convicted of violating this section is under the age of eighteen (18) years, 10 |
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| 239 | 239 | | for a second or subsequent violation regardless of whether any prior violation and subsequent 11 |
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| 240 | 240 | | conviction was a violation and subsequent conviction under this statute or under the driving under 12 |
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| 241 | 241 | | the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory 13 |
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| 242 | 242 | | suspension of his or her driving license until such time as he or she is twenty-one (21) years of age 14 |
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| 243 | 243 | | and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training 15 |
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| 244 | 244 | | school for a period of not more than one year and/or a fine of not more than five hundred dollars 16 |
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| 245 | 245 | | ($500). 17 |
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| 246 | 246 | | (8) Any person convicted of a violation under this section may undergo a clinical 18 |
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| 247 | 247 | | assessment at the community college of Rhode Island's center for workforce and community 19 |
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| 248 | 248 | | education. Should this clinical assessment determine problems of alcohol, drug abuse, or 20 |
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| 249 | 249 | | psychological problems associated with alcoholic or drug abuse, this person shall be referred to an 21 |
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| 250 | 250 | | appropriate facility, licensed or approved by the department of behavioral healthcare, 22 |
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| 251 | 251 | | developmental disabilities and hospitals, for treatment placement, case management, and 23 |
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| 252 | 252 | | monitoring. In the case of a servicemember or veteran, the court may order that the person be 24 |
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| 253 | 253 | | evaluated through the Veterans' Administration. Should the clinical assessment determine problems 25 |
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| 254 | 254 | | of alcohol, drug abuse, or psychological problems associated with alcohol or drug abuse, the person 26 |
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| 255 | 255 | | may have their treatment, case management, and monitoring administered or approved by the 27 |
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| 256 | 256 | | Veterans' Administration. 28 |
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| 257 | 257 | | (9) Notwithstanding any other sentencing and disposition provisions contained in this 29 |
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| 258 | 258 | | chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was 30 |
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| 259 | 259 | | operating a vehicle in the state while under the influence of drugs, toluene, or any controlled 31 |
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| 260 | 260 | | substance as evidenced by the presence of controlled substances on or about the person or vehicle, 32 |
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| 261 | 261 | | or other reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a 33 |
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| 262 | 262 | | preliminary breath test, results from a breathalyzer that indicates no blood alcohol concentration, 34 |
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| 263 | 263 | | |
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| 264 | 264 | | |
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| 265 | 265 | | LC000202 - Page 8 of 15 |
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| 266 | 266 | | or both, the judge or magistrate may exercise his or her discretion and eliminate the requirement 1 |
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| 267 | 267 | | of an ignition interlock system; provided, that blood and/or urine testing is mandated as a condition 2 |
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| 268 | 268 | | to operating a motor vehicle as provided in § 31-27-2.8. 3 |
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| 269 | 269 | | (10) Notwithstanding any other sentencing and disposition provisions contained in this 4 |
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| 270 | 270 | | chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was 5 |
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| 271 | 271 | | operating a vehicle in the state while under the influence of drugs, toluene, or any controlled 6 |
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| 272 | 272 | | substance as evidenced by the presence of controlled substances on or about the person or vehicle, 7 |
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| 273 | 273 | | or other reliable indicia or articulable conditions thereof and intoxicating liquor based on a 8 |
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| 274 | 274 | | preliminary breath test, results from a breathalyzer that indicates blood alcohol concentration, or 9 |
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| 275 | 275 | | both, the judge or magistrate may require an ignition interlock system in addition to blood and/or 10 |
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| 276 | 276 | | urine testing as a condition to operating a motor vehicle as provided in § 31-27-2.8. 11 |
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| 277 | 277 | | (e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per 12 |
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| 278 | 278 | | one hundred cubic centimeters (100 cc) of blood. 13 |
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| 279 | 279 | | (f)(1) There is established an alcohol and drug safety unit within the division of motor 14 |
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| 280 | 280 | | vehicles to administer an alcohol safety action program. The program shall provide for placement 15 |
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| 281 | 281 | | and follow-up for persons who are required to pay the highway safety assessment. The alcohol and 16 |
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| 282 | 282 | | drug safety action program will be administered in conjunction with alcohol and drug programs 17 |
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| 283 | 283 | | licensed by the department of behavioral healthcare, developmental disabilities and hospitals. 18 |
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| 284 | 284 | | (2) Persons convicted under the provisions of this chapter shall be required to attend a 19 |
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| 285 | 285 | | special course on driving while intoxicated or under the influence of a controlled substance, and/or 20 |
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| 286 | 286 | | participate in an alcohol or drug treatment program; provided, however, that the court may permit 21 |
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| 287 | 287 | | a servicemember or veteran to complete any court-approved counseling program administered or 22 |
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| 288 | 288 | | approved by the Veterans' Administration. The course shall take into consideration any language 23 |
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| 289 | 289 | | barrier that may exist as to any person ordered to attend, and shall provide for instruction reasonably 24 |
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| 290 | 290 | | calculated to communicate the purposes of the course in accordance with the requirements of the 25 |
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| 291 | 291 | | subsection. Any costs reasonably incurred in connection with the provision of this accommodation 26 |
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| 292 | 292 | | shall be borne by the person being retrained. A copy of any violation under this section shall be 27 |
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| 293 | 293 | | forwarded by the court to the alcohol and drug safety unit. In the event that persons convicted under 28 |
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| 294 | 294 | | the provisions of this chapter fail to attend and complete the above course or treatment program, as 29 |
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| 295 | 295 | | ordered by the judge, then the person may be brought before the court, and after a hearing as to 30 |
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| 296 | 296 | | why the order of the court was not followed, may be sentenced to jail for a period not exceeding 31 |
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| 297 | 297 | | one year. 32 |
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| 298 | 298 | | (3) The alcohol and drug safety action program within the division of motor vehicles shall 33 |
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| 299 | 299 | | be funded by general revenue appropriations. 34 |
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| 300 | 300 | | |
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| 301 | 301 | | |
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| 302 | 302 | | LC000202 - Page 9 of 15 |
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| 303 | 303 | | (g) The director of the department of health is empowered to make and file with the 1 |
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| 304 | 304 | | secretary of state regulations that prescribe the techniques and methods of chemical analysis of the 2 |
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| 305 | 305 | | person's body fluids or breath and the qualifications and certification of individuals authorized to 3 |
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| 306 | 306 | | administer this testing and analysis. 4 |
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| 307 | 307 | | (h) Jurisdiction for misdemeanor violations of this section shall be with the district court 5 |
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| 308 | 308 | | for persons eighteen (18) years of age or older and to the family court for persons under the age of 6 |
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| 309 | 309 | | eighteen (18) years. The courts shall have full authority to impose any sentence authorized and to 7 |
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| 310 | 310 | | order the suspension of any license for violations of this section. Trials in superior court are not 8 |
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| 311 | 311 | | required to be scheduled within thirty (30) days of the arraignment date. 9 |
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| 312 | 312 | | (i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on 10 |
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| 313 | 313 | | driving while intoxicated or under the influence of a controlled substance, public community 11 |
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| 314 | 314 | | restitution, or jail provided for under this section can be suspended. 12 |
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| 315 | 315 | | (j) An order to attend a special course on driving while intoxicated, that shall be 13 |
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| 316 | 316 | | administered in cooperation with a college or university accredited by the state, shall include a 14 |
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| 317 | 317 | | provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars 15 |
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| 318 | 318 | | ($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into 16 |
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| 319 | 319 | | the general fund. 17 |
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| 320 | 320 | | (k) For the purposes of this section, any test of a sample of blood, breath, or urine for the 18 |
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| 321 | 321 | | presence of alcohol that relies in whole or in part upon the principle of infrared light absorption is 19 |
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| 322 | 322 | | considered a chemical test. 20 |
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| 323 | 323 | | (l) If any provision of this section, or the application of any provision, shall for any reason 21 |
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| 324 | 324 | | be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the 22 |
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| 325 | 325 | | section, but shall be confined in this effect to the provision or application directly involved in the 23 |
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| 326 | 326 | | controversy giving rise to the judgment. 24 |
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| 327 | 327 | | (m) For the purposes of this section, "servicemember" means a person who is presently 25 |
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| 328 | 328 | | serving in the armed forces of the United States, including the Coast Guard, a reserve component 26 |
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| 329 | 329 | | thereof, or the National Guard. "Veteran" means a person who has served in the armed forces, 27 |
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| 330 | 330 | | including the Coast Guard of the United States, a reserve component thereof, or the National Guard, 28 |
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| 331 | 331 | | and has been discharged under other than dishonorable conditions. 29 |
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| 332 | 332 | | 31-27-2.1. Refusal to submit to chemical test. 30 |
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| 333 | 333 | | (a) Any person who operates a motor vehicle within this state shall be deemed to have 31 |
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| 334 | 334 | | given his or her consent to chemical tests of his or her breath, blood, and/or urine for the purpose 32 |
|---|
| 335 | 335 | | of determining the chemical content of his or her body fluids or breath. No more than two (2) 33 |
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| 336 | 336 | | complete tests, one for the presence of intoxicating liquor and one for the presence of toluene or 34 |
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| 337 | 337 | | |
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| 338 | 338 | | |
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| 339 | 339 | | LC000202 - Page 10 of 15 |
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| 340 | 340 | | any controlled substance, as defined in § 21-28-1.02, shall be administered at the direction of a law 1 |
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| 341 | 341 | | enforcement officer having reasonable grounds to believe the person to have been driving a motor 2 |
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| 342 | 342 | | vehicle within this state while under the influence of intoxicating liquor, toluene, or any controlled 3 |
|---|
| 343 | 343 | | substance, as defined in chapter 28 of title 21, or any combination of these. The director of the 4 |
|---|
| 344 | 344 | | department of health is empowered to make and file, with the secretary of state, regulations that 5 |
|---|
| 345 | 345 | | prescribe the techniques and methods of chemical analysis of the person's body fluids or breath and 6 |
|---|
| 346 | 346 | | the qualifications and certification of individuals authorized to administer the testing and analysis. 7 |
|---|
| 347 | 347 | | (b) If a person, for religious or medical reasons, cannot be subjected to blood tests, the 8 |
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| 348 | 348 | | person may file an affidavit with the division of motor vehicles stating the reasons why he or she 9 |
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| 349 | 349 | | cannot be required to take blood tests and a notation to this effect shall be made on his or her 10 |
|---|
| 350 | 350 | | license. If that person is asked to submit to chemical tests as provided under this chapter, the person 11 |
|---|
| 351 | 351 | | shall only be required to submit to chemical tests of his or her breath or urine. When a person is 12 |
|---|
| 352 | 352 | | requested to submit to blood tests, only a physician or registered nurse, or a medical technician 13 |
|---|
| 353 | 353 | | certified under regulations promulgated by the director of the department of health, may withdraw 14 |
|---|
| 354 | 354 | | blood for the purpose of determining the alcoholic content in it. This limitation shall not apply to 15 |
|---|
| 355 | 355 | | the taking of breath or urine specimens. The person tested shall be permitted to have a physician of 16 |
|---|
| 356 | 356 | | his or her own choosing, and at his or her own expense, administer chemical tests of his or her 17 |
|---|
| 357 | 357 | | breath, blood, and/or urine in addition to the tests administered at the direction of a law enforcement 18 |
|---|
| 358 | 358 | | officer. If a person, having been placed under arrest, refuses upon the request of a law enforcement 19 |
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| 359 | 359 | | officer to submit to the tests, as provided in § 31-27-2, none shall be given. 20 |
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| 360 | 360 | | (1) At the initial traffic tribunal appearance, the magistrate shall review the incident, action, 21 |
|---|
| 361 | 361 | | and/or arrest reports submitted by the law enforcement officer to determine if there exists 22 |
|---|
| 362 | 362 | | reasonable grounds to believe that the person had been driving a motor vehicle while under the 23 |
|---|
| 363 | 363 | | influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of 24 |
|---|
| 364 | 364 | | title 21, or any combination thereof. The magistrate shall also determine if the person had been 25 |
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| 365 | 365 | | informed of the penalties incurred as a result of failing to submit to a chemical test as provided in 26 |
|---|
| 366 | 366 | | this section and that the person had been informed of the implied consent notice contained in 27 |
|---|
| 367 | 367 | | subsection (c)(10) of this section. For the purpose of this subsection only, "driving a motor vehicle 28 |
|---|
| 368 | 368 | | while under the influence of any controlled substance as defined in chapter 28 of title 21" shall be 29 |
|---|
| 369 | 369 | | indicated by the presence or aroma of a controlled substance on or about the person or vehicle of 30 |
|---|
| 370 | 370 | | the individual refusing the chemical test or other reliable indicia or articulable conditions that the 31 |
|---|
| 371 | 371 | | person was impaired due to their intake of a controlled substance. 32 |
|---|
| 372 | 372 | | (2) If the magistrate determines that subsection (b)(1) of this section has been satisfied they 33 |
|---|
| 373 | 373 | | shall promptly order that the person's operator's license or privilege to operate a motor vehicle in 34 |
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| 374 | 374 | | |
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| 375 | 375 | | |
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| 376 | 376 | | LC000202 - Page 11 of 15 |
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| 377 | 377 | | this state be immediately suspended. Said suspension shall be subject to the hardship provisions 1 |
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| 378 | 378 | | enumerated in § 31-27-2.8. 2 |
|---|
| 379 | 379 | | (c) A traffic tribunal judge or magistrate, or a district court judge or magistrate, pursuant 3 |
|---|
| 380 | 380 | | to the terms of subsection (d) of this section, shall order as follows: 4 |
|---|
| 381 | 381 | | (1) Impose, for the first violation, a fine in the amount of two hundred dollars ($200) to 5 |
|---|
| 382 | 382 | | five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of 6 |
|---|
| 383 | 383 | | public community restitution. The person's driving license in this state shall be suspended for a 7 |
|---|
| 384 | 384 | | period of six (6) months to one year. The traffic tribunal judge or magistrate shall require attendance 8 |
|---|
| 385 | 385 | | at a special course on driving while intoxicated or under the influence of a controlled substance 9 |
|---|
| 386 | 386 | | and/or alcohol or drug treatment for the individual. The traffic tribunal judge or magistrate may 10 |
|---|
| 387 | 387 | | prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock 11 |
|---|
| 388 | 388 | | system and/or blood and urine testing as provided in § 31-27-2.8. 12 |
|---|
| 389 | 389 | | (2) Every person convicted of a second violation within a five-year (5) ten-year (10) period, 13 |
|---|
| 390 | 390 | | except with respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; 14 |
|---|
| 391 | 391 | | shall be imprisoned for not more than six (6) months; shall pay a fine in the amount of six hundred 15 |
|---|
| 392 | 392 | | dollars ($600) to one thousand dollars ($1,000); perform sixty (60) to one hundred (100) hours of 16 |
|---|
| 393 | 393 | | public community restitution; and the person's driving license in this state shall be suspended for a 17 |
|---|
| 394 | 394 | | period of one year to two (2) years. The judge or magistrate shall require alcohol and/or drug 18 |
|---|
| 395 | 395 | | treatment for the individual. The sentencing judge or magistrate shall prohibit that person from 19 |
|---|
| 396 | 396 | | operating a motor vehicle that is not equipped with an ignition interlock system and/or blood and 20 |
|---|
| 397 | 397 | | urine testing as provided in § 31-27-2.8. 21 |
|---|
| 398 | 398 | | (3) Every person convicted for a third or subsequent violation within a five-year (5) ten-22 |
|---|
| 399 | 399 | | year (10) period, except with respect to cases of refusal to submit to a blood test, shall be guilty of 23 |
|---|
| 400 | 400 | | a misdemeanor; and shall be imprisoned for not more than one year; fined eight hundred dollars 24 |
|---|
| 401 | 401 | | ($800) to one thousand dollars ($1,000); shall perform not less than one hundred (100) hours of 25 |
|---|
| 402 | 402 | | public community restitution; and the person's operator's license in this state shall be suspended for 26 |
|---|
| 403 | 403 | | a period of two (2) years to five (5) years. The sentencing judge or magistrate shall prohibit that 27 |
|---|
| 404 | 404 | | person from operating a motor vehicle that is not equipped with an ignition interlock system and/or 28 |
|---|
| 405 | 405 | | blood and urine testing as provided in § 31-27-2.8. The judge or magistrate shall require alcohol or 29 |
|---|
| 406 | 406 | | drug treatment for the individual. Provided, that prior to the reinstatement of a license to a person 30 |
|---|
| 407 | 407 | | charged with a third or subsequent violation within a three-year (3) period, a hearing shall be held 31 |
|---|
| 408 | 408 | | before a judge or magistrate. At the hearing, the judge or magistrate shall review the person's 32 |
|---|
| 409 | 409 | | driving record, his or her employment history, family background, and any other pertinent factors 33 |
|---|
| 410 | 410 | | that would indicate that the person has demonstrated behavior that warrants the reinstatement of 34 |
|---|
| 411 | 411 | | |
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| 412 | 412 | | |
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| 413 | 413 | | LC000202 - Page 12 of 15 |
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| 414 | 414 | | his or her license. 1 |
|---|
| 415 | 415 | | (4) For a second violation within a five-year (5) ten-year (10) period with respect to a case 2 |
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| 416 | 416 | | of a refusal to submit to a blood test, a fine in the amount of six hundred dollars ($600) to one 3 |
|---|
| 417 | 417 | | thousand dollars ($1,000); the person shall perform sixty (60) to one hundred (100) hours of public 4 |
|---|
| 418 | 418 | | community restitution; and the person's driving license in this state shall be suspended for a period 5 |
|---|
| 419 | 419 | | of two (2) years. The judicial officer shall require alcohol and/or drug treatment for the individual. 6 |
|---|
| 420 | 420 | | The sentencing judicial officer shall prohibit that person from operating a motor vehicle that is not 7 |
|---|
| 421 | 421 | | equipped with an ignition interlock system as provided in § 31-27-2.8. Such a violation with respect 8 |
|---|
| 422 | 422 | | to refusal to submit to a chemical blood test shall be a civil offense. 9 |
|---|
| 423 | 423 | | (5) For a third or subsequent violation within a five-year (5) ten-year (10) period with 10 |
|---|
| 424 | 424 | | respect to a case of a refusal to submit to a blood test, a fine in the amount of eight hundred dollars 11 |
|---|
| 425 | 425 | | ($800) to one thousand dollars ($1,000); the person shall perform not less than one hundred (100) 12 |
|---|
| 426 | 426 | | hours of public community restitution; and the person's driving license in this state shall be 13 |
|---|
| 427 | 427 | | suspended for a period of two (2) to five (5) years. The sentencing judicial officer shall prohibit 14 |
|---|
| 428 | 428 | | that person from operating a motor vehicle that is not equipped with an ignition interlock system 15 |
|---|
| 429 | 429 | | as provided in § 31-27-2.8. The judicial officer shall require alcohol and/or drug treatment for the 16 |
|---|
| 430 | 430 | | individual. Such a violation with respect to refusal to submit to a chemical test of blood shall be a 17 |
|---|
| 431 | 431 | | civil offense. Provided, that prior to the reinstatement of a license to a person charged with a third 18 |
|---|
| 432 | 432 | | or subsequent violation within a three-year (3) period, a hearing shall be held before a judicial 19 |
|---|
| 433 | 433 | | officer. At the hearing, the judicial officer shall review the person's driving record, his or her 20 |
|---|
| 434 | 434 | | employment history, family background, and any other pertinent factors that would indicate that 21 |
|---|
| 435 | 435 | | the person has demonstrated behavior that warrants the reinstatement of their license. 22 |
|---|
| 436 | 436 | | (6) For purposes of determining the period of license suspension, a prior violation shall 23 |
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| 437 | 437 | | constitute any charge brought and sustained under the provisions of this section or § 31-27-2. 24 |
|---|
| 438 | 438 | | (7) In addition to any other fines, a highway safety assessment of five hundred dollars 25 |
|---|
| 439 | 439 | | ($500) shall be paid by any person found in violation of this section, the assessment to be deposited 26 |
|---|
| 440 | 440 | | into the general fund. The assessment provided for by this subsection shall be collected from a 27 |
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| 441 | 441 | | violator before any other fines authorized by this section. 28 |
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| 442 | 442 | | (8) In addition to any other fines and highway safety assessments, a two-hundred-dollar 29 |
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| 443 | 443 | | ($200) assessment shall be paid by any person found in violation of this section to support the 30 |
|---|
| 444 | 444 | | department of health's chemical testing programs outlined in §§ 31-27-2(f) and 31-27-2(g), that 31 |
|---|
| 445 | 445 | | shall be deposited as general revenues, not restricted receipts. 32 |
|---|
| 446 | 446 | | (9) No fines, suspensions, assessments, alcohol or drug treatment programs, course on 33 |
|---|
| 447 | 447 | | driving while intoxicated or under the influence of a controlled substance, or public community 34 |
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| 448 | 448 | | |
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| 449 | 449 | | |
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| 450 | 450 | | LC000202 - Page 13 of 15 |
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| 451 | 451 | | restitution provided for under this section can be suspended. 1 |
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| 452 | 452 | | (10) Implied consent notice for persons eighteen (18) years of age or older: "Rhode Island 2 |
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| 453 | 453 | | law requires you to submit to a chemical test of your blood, breath, or urine for the purpose of 3 |
|---|
| 454 | 454 | | determining the chemical content of your body fluids or breath. If you refuse this testing, certain 4 |
|---|
| 455 | 455 | | penalties can be imposed and include the following: for a first offense, your Rhode Island driver's 5 |
|---|
| 456 | 456 | | license or privilege to operate a motor vehicle in this state can be suspended for six (6) months to 6 |
|---|
| 457 | 457 | | one year or modified to permit operation in connection with an ignition interlock device for a period 7 |
|---|
| 458 | 458 | | specified by law; a fine from two hundred dollars ($200) to five hundred dollars ($500) can be 8 |
|---|
| 459 | 459 | | imposed; and you can be ordered to perform ten (10) to sixty (60) hours of community service and 9 |
|---|
| 460 | 460 | | attend a special course on driving while intoxicated or under the influence of a controlled substance 10 |
|---|
| 461 | 461 | | and/or alcohol or drug treatment. If you have had one or more previous offenses within the past 11 |
|---|
| 462 | 462 | | five (5) years, your refusal to submit to a chemical test of breath or urine at this time can have 12 |
|---|
| 463 | 463 | | criminal penalties, including incarceration up to six (6) months for a second offense and up to one 13 |
|---|
| 464 | 464 | | year for a third or subsequent offense, and can carry increased license suspension or ignition 14 |
|---|
| 465 | 465 | | interlock period, fines, and community service. All violators shall pay a five hundred dollar ($500) 15 |
|---|
| 466 | 466 | | highway safety assessment fee, a two hundred dollar ($200) department of health chemical testing 16 |
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| 467 | 467 | | programs assessment fee, and a license reinstatement fee. Refusal to submit to a chemical test of 17 |
|---|
| 468 | 468 | | blood shall not subject you to criminal penalties for the refusal itself, but if you have one or more 18 |
|---|
| 469 | 469 | | previous offenses other civil penalties may increase. You have the right to be examined at your 19 |
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| 470 | 470 | | own expense by a physician selected by you. If you submit to a chemical test at this time, you have 20 |
|---|
| 471 | 471 | | the right to have an additional chemical test performed at your own expense. You will be afforded 21 |
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| 472 | 472 | | a reasonable opportunity to exercise these rights. Access to a telephone will be made available for 22 |
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| 473 | 473 | | you to make those arrangements. You may now use a telephone." 23 |
|---|
| 474 | 474 | | Use of this implied consent notice shall serve as evidence that a person's consent to a 24 |
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| 475 | 475 | | chemical test is valid in a prosecution involving driving under the influence of liquor, controlled 25 |
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| 476 | 476 | | substances, and/or drugs. 26 |
|---|
| 477 | 477 | | (d) Upon suspending or refusing to issue a license or permit as provided in subsection (a), 27 |
|---|
| 478 | 478 | | the traffic tribunal or district court shall immediately notify the person involved in writing, and 28 |
|---|
| 479 | 479 | | upon his or her request, within fifteen (15) days, afford the person an opportunity for a hearing as 29 |
|---|
| 480 | 480 | | early as practical upon receipt of a request in writing. Upon a hearing, the judge may administer 30 |
|---|
| 481 | 481 | | oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books 31 |
|---|
| 482 | 482 | | and papers. If the judge finds after the hearing that: 32 |
|---|
| 483 | 483 | | (1) The law enforcement officer making the sworn report had reasonable grounds to believe 33 |
|---|
| 484 | 484 | | that the arrested person had been driving a motor vehicle within this state while under the influence 34 |
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| 485 | 485 | | |
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| 486 | 486 | | |
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| 487 | 487 | | LC000202 - Page 14 of 15 |
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| 488 | 488 | | of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or 1 |
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| 489 | 489 | | any combination of these; 2 |
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| 490 | 490 | | (2) The person, while under arrest, refused to submit to the tests upon the request of a law 3 |
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| 491 | 491 | | enforcement officer; 4 |
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| 492 | 492 | | (3) The person had been informed of his or her rights in accordance with § 31-27-3; and 5 |
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| 493 | 493 | | (4) The person had been informed of the penalties incurred as a result of noncompliance 6 |
|---|
| 494 | 494 | | with this section, the judge shall sustain the violation. The judge shall then impose the penalties set 7 |
|---|
| 495 | 495 | | forth in subsection (c) of this section. Action by the judge must be taken within seven (7) days after 8 |
|---|
| 496 | 496 | | the hearing or it shall be presumed that the judge has refused to issue his or her order of suspension. 9 |
|---|
| 497 | 497 | | (e) For the purposes of this section, any test of a sample of blood, breath, or urine for the 10 |
|---|
| 498 | 498 | | presence of alcohol that relies, in whole or in part, upon the principle of infrared light absorption is 11 |
|---|
| 499 | 499 | | considered a chemical test. 12 |
|---|
| 500 | 500 | | (f) If any provision of this section, or the application of any provision, shall, for any reason, 13 |
|---|
| 501 | 501 | | be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the section, 14 |
|---|
| 502 | 502 | | but shall be confined in this effect to the provisions or application directly involved in the 15 |
|---|
| 503 | 503 | | controversy giving rise to the judgment. 16 |
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| 504 | 504 | | SECTION 3. This act shall take effect upon passage. 17 |
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| 505 | 505 | | ======== |
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| 506 | 506 | | LC000202 |
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| 507 | 507 | | ======== |
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| 508 | 508 | | |
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| 509 | 509 | | |
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| 510 | 510 | | LC000202 - Page 15 of 15 |
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| 511 | 511 | | EXPLANATION |
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| 512 | 512 | | BY THE LEGISLATIVE COUNCIL |
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| 513 | 513 | | OF |
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| 514 | 514 | | A N A C T |
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| 515 | 515 | | RELATING TO MOTOR AN D OTHER VEHICLES - MOTOR VEHICLE OFFENS ES |
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| 516 | 516 | | *** |
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| 517 | 517 | | This act would extend the "lookback" period for repeat offenses involving driving under 1 |
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| 518 | 518 | | the influence of alcohol or drugs under § 31-27-2 and for repeat offenses related to failure or refusal 2 |
|---|
| 519 | 519 | | to submit to chemical tests under § 31-27-2.1 from five (5) years to ten (10) years. 3 |
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| 520 | 520 | | This act would take effect upon passage. 4 |
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| 521 | 521 | | ======== |
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| 522 | 522 | | LC000202 |
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| 523 | 523 | | ======== |
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