Rhode Island 2023 Regular Session

Rhode Island House Bill H5216 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO MOTOR AN D OTHER VEHICLES - MOTOR VEHICLE OFFENS ES
1616 Introduced By: Representatives Serpa, and Noret
1717 Date Introduced: January 19, 2023
1818 Referred To: House Judiciary
1919
2020
2121 It is enacted by the General Assembly as follows:
2222 SECTION 1. Sections 31-27-2 and 31-27-2.1 of the General Laws in Chapter 31-27 entitled 1
2323 "Motor Vehicle Offenses" are hereby amended to read as follows: 2
2424 31-27-2. Driving under influence of liquor or drugs. 3
2525 (a) Whoever drives or otherwise operates any vehicle in the state while under the influence 4
2626 of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of 5
2727 title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in 6
2828 subsection (d)(3), and shall be punished as provided in subsection (d) of this section. 7
2929 (b)(1) Any person charged under subsection (a), whose blood alcohol concentration is eight 8
3030 one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis of a 9
3131 blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall not 10
3232 preclude a conviction based on other admissible evidence. Proof of guilt under this section may 11
3333 also be based on evidence that the person charged was under the influence of intoxicating liquor, 12
3434 drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of 13
3535 these, to a degree that rendered the person incapable of safely operating a vehicle. The fact that any 14
3636 person charged with violating this section is, or has been, legally entitled to use alcohol or a drug 15
3737 shall not constitute a defense against any charge of violating this section. 16
3838 (2) [Deleted by P.L. 2021, ch. 170, § 1 and P.L. 2021, ch. 171, § 1.] 17
3939 (c) In any criminal prosecution for a violation of subsection (a), evidence as to the amount 18
4040 of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or 19
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4444 any combination of these, in the defendant's blood at the time alleged as shown by a chemical 1
4545 analysis of the defendant's breath, blood, or urine or other bodily substance, shall be admissible and 2
4646 competent, provided that evidence is presented that the following conditions have been complied 3
4747 with: 4
4848 (1) The defendant has consented to the taking of the test upon which the analysis is made. 5
4949 Evidence that the defendant had refused to submit to the test shall not be admissible unless the 6
5050 defendant elects to testify. 7
5151 (2) A true copy of the report of the test result was hand delivered at the location of the test 8
5252 or mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath 9
5353 test. 10
5454 (3) Any person submitting to a chemical test of blood, urine, or other body fluids shall have 11
5555 a true copy of the report of the test result mailed to him or her within thirty (30) days following the 12
5656 taking of the test. 13
5757 (4) The test was performed according to methods and with equipment approved by the 14
5858 director of the department of health of the state of Rhode Island and by an authorized individual. 15
5959 (5) Equipment used for the conduct of the tests by means of breath analysis had been tested 16
6060 for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore 17
6161 provided, and breathalyzer operators shall be qualified and certified by the department of health 18
6262 within three hundred sixty-five (365) days of the test. 19
6363 (6) The person arrested and charged with operating a motor vehicle while under the 20
6464 influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of 21
6565 title 21 or any combination of these in violation of subsection (a), was afforded the opportunity to 22
6666 have an additional chemical test. The officer arresting or so charging the person shall have informed 23
6767 the person of this right and afforded him or her a reasonable opportunity to exercise this right, and 24
6868 a notation to this effect is made in the official records of the case in the police department. Refusal 25
6969 to permit an additional chemical test shall render incompetent and inadmissible in evidence the 26
7070 original report. 27
7171 (d)(1) (i) Every person found to have violated subsection (b)(1) shall be sentenced as 28
7272 follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one 29
7373 percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood presence 30
7474 of any scheduled controlled substance as defined in chapter 28 of title 21, shall be subject to a fine 31
7575 of not less than one hundred dollars ($100), nor more than three hundred dollars ($300); shall be 32
7676 required to perform ten (10) to sixty (60) hours of public community restitution, and/or shall be 33
7777 imprisoned for up to one year. The sentence may be served in any unit of the adult correctional 34
7878
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8181 institutions in the discretion of the sentencing judge and/or shall be required to attend a special 1
8282 course on driving while intoxicated or under the influence of a controlled substance; provided, 2
8383 however, that the court may permit a servicemember or veteran to complete any court-approved 3
8484 counseling program administered or approved by the Veterans' Administration, and his or her 4
8585 driver's license shall be suspended for thirty (30) days up to one hundred eighty (180) days. The 5
8686 sentencing judge or magistrate may prohibit that person from operating a motor vehicle, pursuant 6
8787 to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system 7
8888 and/or blood and urine testing as provided in § 31-27-2.8. 8
8989 (ii) Every person convicted of a first violation whose blood alcohol concentration is one-9
9090 tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent 10
9191 (.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less than 11
9292 one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required to 12
9393 perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for 13
9494 up to one year. The sentence may be served in any unit of the adult correctional institutions in the 14
9595 discretion of the sentencing judge. The person's driving license shall be suspended for a period of 15
9696 three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special 16
9797 course on driving while intoxicated or under the influence of a controlled substance and/or 17
9898 alcoholic or drug treatment for the individual; provided, however, that the court may permit a 18
9999 servicemember or veteran to complete any court-approved counseling program administered or 19
100100 approved by the Veterans' Administration. The sentencing judge or magistrate may prohibit that 20
101101 person from operating a motor vehicle that is not equipped with an ignition interlock system as 21
102102 provided in § 31-27-2.8. 22
103103 (iii) Every person convicted of a first offense whose blood alcohol concentration is fifteen 23
104104 hundredths of one percent (.15%) or above, or who is under the influence of a drug, toluene, or any 24
105105 controlled substance as defined in subsection (b)(1), shall be subject to a fine of five hundred dollars 25
106106 ($500) and shall be required to perform twenty (20) to sixty (60) hours of public community 26
107107 restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit 27
108108 of the adult correctional institutions in the discretion of the sentencing judge. The person's driving 28
109109 license shall be suspended for a period of three (3) months to eighteen (18) months. The sentencing 29
110110 judge shall require attendance at a special course on driving while intoxicated or under the influence 30
111111 of a controlled substance and/or alcohol or drug treatment for the individual; provided, however, 31
112112 that the court may permit a servicemember or veteran to complete any court-approved counseling 32
113113 program administered or approved by the Veterans' Administration. The sentencing judge or 33
114114 magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) 34
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118118 or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and 1
119119 urine testing as provided in § 31-27-2.8. 2
120120 (2)(i) Every person convicted of a second violation within a five-year (5) ten-year (10) 3
121121 period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, 4
122122 but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is 5
123123 unknown, or who has a blood presence of any controlled substance as defined in chapter 28 of title 6
124124 21, and every person convicted of a second violation within a five-year (5) ten-year (10) period, 7
125125 regardless of whether the prior violation and subsequent conviction was a violation and subsequent 8
126126 conviction under this statute or under the driving under the influence of liquor or drugs statute of 9
127127 any other state, shall be subject to a mandatory fine of four hundred dollars ($400). The person's 10
128128 driving license shall be suspended for a period of one year to two (2) years, and the individual shall 11
129129 be sentenced to not less than ten (10) days, nor more than one year, in jail. The sentence may be 12
130130 served in any unit of the adult correctional institutions in the discretion of the sentencing judge; 13
131131 however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The 14
132132 sentencing judge shall require alcohol or drug treatment for the individual; provided, however, that 15
133133 the court may permit a servicemember or veteran to complete any court-approved counseling 16
134134 program administered or approved by the Veterans' Administration and shall prohibit that person 17
135135 from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not 18
136136 equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-19
137137 2.8. 20
138138 (ii) Every person convicted of a second violation within a five-year (5) ten-year (10) period 21
139139 whose blood alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight 22
140140 as shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence 23
141141 of a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to 24
142142 mandatory imprisonment of not less than six (6) months, nor more than one year; a mandatory fine 25
143143 of not less than one thousand dollars ($1,000); and a mandatory license suspension for a period of 26
144144 two (2) years from the date of completion of the sentence imposed under this subsection. The 27
145145 sentencing judge shall require alcohol or drug treatment for the individual; provided, however, that 28
146146 the court may permit a servicemember or veteran to complete any court approved counseling 29
147147 program administered or approved by the Veterans' Administration. The sentencing judge or 30
148148 magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) 31
149149 or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and 32
150150 urine testing as provided in § 31-27-2.8. 33
151151 (3)(i) Every person convicted of a third or subsequent violation within a five-year (5) ten-34
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155155 year (10) period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) 1
156156 or above, but less than fifteen hundredths of one percent (.15%), or whose blood alcohol 2
157157 concentration is unknown or who has a blood presence of any scheduled controlled substance as 3
158158 defined in chapter 28 of title 21, regardless of whether any prior violation and subsequent 4
159159 conviction was a violation and subsequent conviction under this statute or under the driving under 5
160160 the influence of liquor or drugs statute of any other state, shall be guilty of a felony and be subject 6
161161 to a mandatory fine of four hundred ($400) dollars. The person's driving license shall be suspended 7
162162 for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less than 8
163163 one year and not more than three (3) years in jail. The sentence may be served in any unit of the 9
164164 adult correctional institutions in the discretion of the sentencing judge; however, not less than forty-10
165165 eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require 11
166166 alcohol or drug treatment for the individual; provided, however, that the court may permit a 12
167167 servicemember or veteran to complete any court-approved counseling program administered or 13
168168 approved by the Veterans' Administration, and shall prohibit that person from operating a motor 14
169169 vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition 15
170170 interlock system and/or blood and urine testing as provided in § 31-27-2.8. 16
171171 (ii) Every person convicted of a third or subsequent violation within a five-year (5) ten-17
172172 year (10) period whose blood alcohol concentration is fifteen hundredths of one percent (.15%) 18
173173 above by weight as shown by a chemical analysis of a blood, breath, or urine sample, or who is 19
174174 under the influence of a drug, toluene, or any controlled substance as defined in subsection (b)(1), 20
175175 shall be subject to mandatory imprisonment of not less than three (3) years, nor more than five (5) 21
176176 years; a mandatory fine of not less than one thousand dollars ($1,000), nor more than five thousand 22
177177 dollars ($5,000); and a mandatory license suspension for a period of three (3) years from the date 23
178178 of completion of the sentence imposed under this subsection. The sentencing judge shall require 24
179179 alcohol or drug treatment for the individual. The sentencing judge or magistrate shall prohibit that 25
180180 person from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that 26
181181 is not equipped with an ignition interlock system and/or blood and urine testing as provided in § 27
182182 31-27-2.8. 28
183183 (iii) In addition to the foregoing penalties, every person convicted of a third or subsequent 29
184184 violation within a five-year (5) ten-year (10) period, regardless of whether any prior violation and 30
185185 subsequent conviction was a violation and subsequent conviction under this statute or under the 31
186186 driving under the influence of liquor or drugs statute of any other state, shall be subject, in the 32
187187 discretion of the sentencing judge, to having the vehicle owned and operated by the violator seized 33
188188 and sold by the state of Rhode Island, with all funds obtained by the sale to be transferred to the 34
189189
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192192 general fund. 1
193193 (4) Whoever drives or otherwise operates any vehicle in the state while under the influence 2
194194 of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of 3
195195 title 21, or any combination of these, when his or her license to operate is suspended, revoked, or 4
196196 cancelled for operating under the influence of a narcotic drug or intoxicating liquor, shall be guilty 5
197197 of a felony punishable by imprisonment for not more than three (3) years and by a fine of not more 6
198198 than three thousand dollars ($3,000). The court shall require alcohol and/or drug treatment for the 7
199199 individual; provided, the penalties provided for in this subsection (d)(4) shall not apply to an 8
200200 individual who has surrendered his or her license and served the court-ordered period of suspension, 9
201201 but who, for any reason, has not had his or her license reinstated after the period of suspension, 10
202202 revocation, or suspension has expired; provided, further, the individual shall be subject to the 11
203203 provisions of subsection (d)(2)(i), (d)(2)(ii), (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) regarding subsequent 12
204204 offenses, and any other applicable provision of this section. 13
205205 (5)(i) For purposes of determining the period of license suspension, a prior violation shall 14
206206 constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1. 15
207207 (ii) Any person over the age of eighteen (18) who is convicted under this section for 16
208208 operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of 17
209209 these, while a child under the age of thirteen (13) years was present as a passenger in the motor 18
210210 vehicle when the offense was committed shall be subject to immediate license suspension pending 19
211211 prosecution. Any person convicted of violating this section shall be guilty of a misdemeanor for a 20
212212 first offense and may be sentenced to a term of imprisonment of not more than one year and a fine 21
213213 not to exceed one thousand dollars ($1,000). Any person convicted of a second or subsequent 22
214214 offense shall be guilty of a felony offense and may be sentenced to a term of imprisonment of not 23
215215 more than five (5) years and a fine not to exceed five thousand dollars ($5,000). The sentencing 24
216216 judge shall also order a license suspension of up to two (2) years, require attendance at a special 25
217217 course on driving while intoxicated or under the influence of a controlled substance, and alcohol 26
218218 or drug education and/or treatment. The individual may also be required to pay a highway 27
219219 assessment fee of no more than five hundred dollars ($500) and the assessment shall be deposited 28
220220 in the general fund. 29
221221 (6)(i) Any person convicted of a violation under this section shall pay a highway 30
222222 assessment fine of five hundred dollars ($500) that shall be deposited into the general fund. The 31
223223 assessment provided for by this subsection shall be collected from a violator before any other fines 32
224224 authorized by this section. 33
225225 (ii) Any person convicted of a violation under this section shall be assessed a fee of eighty-34
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229229 six dollars ($86). 1
230230 (7)(i) If the person convicted of violating this section is under the age of eighteen (18) 2
231231 years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of 3
232232 public community restitution and the juvenile's driving license shall be suspended for a period of 4
233233 six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing 5
234234 judge shall also require attendance at a special course on driving while intoxicated or under the 6
235235 influence of a controlled substance and alcohol or drug education and/or treatment for the juvenile. 7
236236 The juvenile may also be required to pay a highway assessment fine of no more than five hundred 8
237237 dollars ($500) and the assessment imposed shall be deposited into the general fund. 9
238238 (ii) If the person convicted of violating this section is under the age of eighteen (18) years, 10
239239 for a second or subsequent violation regardless of whether any prior violation and subsequent 11
240240 conviction was a violation and subsequent conviction under this statute or under the driving under 12
241241 the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory 13
242242 suspension of his or her driving license until such time as he or she is twenty-one (21) years of age 14
243243 and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training 15
244244 school for a period of not more than one year and/or a fine of not more than five hundred dollars 16
245245 ($500). 17
246246 (8) Any person convicted of a violation under this section may undergo a clinical 18
247247 assessment at the community college of Rhode Island's center for workforce and community 19
248248 education. Should this clinical assessment determine problems of alcohol, drug abuse, or 20
249249 psychological problems associated with alcoholic or drug abuse, this person shall be referred to an 21
250250 appropriate facility, licensed or approved by the department of behavioral healthcare, 22
251251 developmental disabilities and hospitals, for treatment placement, case management, and 23
252252 monitoring. In the case of a servicemember or veteran, the court may order that the person be 24
253253 evaluated through the Veterans' Administration. Should the clinical assessment determine problems 25
254254 of alcohol, drug abuse, or psychological problems associated with alcohol or drug abuse, the person 26
255255 may have their treatment, case management, and monitoring administered or approved by the 27
256256 Veterans' Administration. 28
257257 (9) Notwithstanding any other sentencing and disposition provisions contained in this 29
258258 chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was 30
259259 operating a vehicle in the state while under the influence of drugs, toluene, or any controlled 31
260260 substance as evidenced by the presence of controlled substances on or about the person or vehicle, 32
261261 or other reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a 33
262262 preliminary breath test, results from a breathalyzer that indicates no blood alcohol concentration, 34
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266266 or both, the judge or magistrate may exercise his or her discretion and eliminate the requirement 1
267267 of an ignition interlock system; provided, that blood and/or urine testing is mandated as a condition 2
268268 to operating a motor vehicle as provided in § 31-27-2.8. 3
269269 (10) Notwithstanding any other sentencing and disposition provisions contained in this 4
270270 chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was 5
271271 operating a vehicle in the state while under the influence of drugs, toluene, or any controlled 6
272272 substance as evidenced by the presence of controlled substances on or about the person or vehicle, 7
273273 or other reliable indicia or articulable conditions thereof and intoxicating liquor based on a 8
274274 preliminary breath test, results from a breathalyzer that indicates blood alcohol concentration, or 9
275275 both, the judge or magistrate may require an ignition interlock system in addition to blood and/or 10
276276 urine testing as a condition to operating a motor vehicle as provided in § 31-27-2.8. 11
277277 (e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per 12
278278 one hundred cubic centimeters (100 cc) of blood. 13
279279 (f)(1) There is established an alcohol and drug safety unit within the division of motor 14
280280 vehicles to administer an alcohol safety action program. The program shall provide for placement 15
281281 and follow-up for persons who are required to pay the highway safety assessment. The alcohol and 16
282282 drug safety action program will be administered in conjunction with alcohol and drug programs 17
283283 licensed by the department of behavioral healthcare, developmental disabilities and hospitals. 18
284284 (2) Persons convicted under the provisions of this chapter shall be required to attend a 19
285285 special course on driving while intoxicated or under the influence of a controlled substance, and/or 20
286286 participate in an alcohol or drug treatment program; provided, however, that the court may permit 21
287287 a servicemember or veteran to complete any court-approved counseling program administered or 22
288288 approved by the Veterans' Administration. The course shall take into consideration any language 23
289289 barrier that may exist as to any person ordered to attend, and shall provide for instruction reasonably 24
290290 calculated to communicate the purposes of the course in accordance with the requirements of the 25
291291 subsection. Any costs reasonably incurred in connection with the provision of this accommodation 26
292292 shall be borne by the person being retrained. A copy of any violation under this section shall be 27
293293 forwarded by the court to the alcohol and drug safety unit. In the event that persons convicted under 28
294294 the provisions of this chapter fail to attend and complete the above course or treatment program, as 29
295295 ordered by the judge, then the person may be brought before the court, and after a hearing as to 30
296296 why the order of the court was not followed, may be sentenced to jail for a period not exceeding 31
297297 one year. 32
298298 (3) The alcohol and drug safety action program within the division of motor vehicles shall 33
299299 be funded by general revenue appropriations. 34
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303303 (g) The director of the department of health is empowered to make and file with the 1
304304 secretary of state regulations that prescribe the techniques and methods of chemical analysis of the 2
305305 person's body fluids or breath and the qualifications and certification of individuals authorized to 3
306306 administer this testing and analysis. 4
307307 (h) Jurisdiction for misdemeanor violations of this section shall be with the district court 5
308308 for persons eighteen (18) years of age or older and to the family court for persons under the age of 6
309309 eighteen (18) years. The courts shall have full authority to impose any sentence authorized and to 7
310310 order the suspension of any license for violations of this section. Trials in superior court are not 8
311311 required to be scheduled within thirty (30) days of the arraignment date. 9
312312 (i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on 10
313313 driving while intoxicated or under the influence of a controlled substance, public community 11
314314 restitution, or jail provided for under this section can be suspended. 12
315315 (j) An order to attend a special course on driving while intoxicated, that shall be 13
316316 administered in cooperation with a college or university accredited by the state, shall include a 14
317317 provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars 15
318318 ($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into 16
319319 the general fund. 17
320320 (k) For the purposes of this section, any test of a sample of blood, breath, or urine for the 18
321321 presence of alcohol that relies in whole or in part upon the principle of infrared light absorption is 19
322322 considered a chemical test. 20
323323 (l) If any provision of this section, or the application of any provision, shall for any reason 21
324324 be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the 22
325325 section, but shall be confined in this effect to the provision or application directly involved in the 23
326326 controversy giving rise to the judgment. 24
327327 (m) For the purposes of this section, "servicemember" means a person who is presently 25
328328 serving in the armed forces of the United States, including the Coast Guard, a reserve component 26
329329 thereof, or the National Guard. "Veteran" means a person who has served in the armed forces, 27
330330 including the Coast Guard of the United States, a reserve component thereof, or the National Guard, 28
331331 and has been discharged under other than dishonorable conditions. 29
332332 31-27-2.1. Refusal to submit to chemical test. 30
333333 (a) Any person who operates a motor vehicle within this state shall be deemed to have 31
334334 given his or her consent to chemical tests of his or her breath, blood, and/or urine for the purpose 32
335335 of determining the chemical content of his or her body fluids or breath. No more than two (2) 33
336336 complete tests, one for the presence of intoxicating liquor and one for the presence of toluene or 34
337337
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340340 any controlled substance, as defined in § 21-28-1.02, shall be administered at the direction of a law 1
341341 enforcement officer having reasonable grounds to believe the person to have been driving a motor 2
342342 vehicle within this state while under the influence of intoxicating liquor, toluene, or any controlled 3
343343 substance, as defined in chapter 28 of title 21, or any combination of these. The director of the 4
344344 department of health is empowered to make and file, with the secretary of state, regulations that 5
345345 prescribe the techniques and methods of chemical analysis of the person's body fluids or breath and 6
346346 the qualifications and certification of individuals authorized to administer the testing and analysis. 7
347347 (b) If a person, for religious or medical reasons, cannot be subjected to blood tests, the 8
348348 person may file an affidavit with the division of motor vehicles stating the reasons why he or she 9
349349 cannot be required to take blood tests and a notation to this effect shall be made on his or her 10
350350 license. If that person is asked to submit to chemical tests as provided under this chapter, the person 11
351351 shall only be required to submit to chemical tests of his or her breath or urine. When a person is 12
352352 requested to submit to blood tests, only a physician or registered nurse, or a medical technician 13
353353 certified under regulations promulgated by the director of the department of health, may withdraw 14
354354 blood for the purpose of determining the alcoholic content in it. This limitation shall not apply to 15
355355 the taking of breath or urine specimens. The person tested shall be permitted to have a physician of 16
356356 his or her own choosing, and at his or her own expense, administer chemical tests of his or her 17
357357 breath, blood, and/or urine in addition to the tests administered at the direction of a law enforcement 18
358358 officer. If a person, having been placed under arrest, refuses upon the request of a law enforcement 19
359359 officer to submit to the tests, as provided in § 31-27-2, none shall be given. 20
360360 (1) At the initial traffic tribunal appearance, the magistrate shall review the incident, action, 21
361361 and/or arrest reports submitted by the law enforcement officer to determine if there exists 22
362362 reasonable grounds to believe that the person had been driving a motor vehicle while under the 23
363363 influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of 24
364364 title 21, or any combination thereof. The magistrate shall also determine if the person had been 25
365365 informed of the penalties incurred as a result of failing to submit to a chemical test as provided in 26
366366 this section and that the person had been informed of the implied consent notice contained in 27
367367 subsection (c)(10) of this section. For the purpose of this subsection only, "driving a motor vehicle 28
368368 while under the influence of any controlled substance as defined in chapter 28 of title 21" shall be 29
369369 indicated by the presence or aroma of a controlled substance on or about the person or vehicle of 30
370370 the individual refusing the chemical test or other reliable indicia or articulable conditions that the 31
371371 person was impaired due to their intake of a controlled substance. 32
372372 (2) If the magistrate determines that subsection (b)(1) of this section has been satisfied they 33
373373 shall promptly order that the person's operator's license or privilege to operate a motor vehicle in 34
374374
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377377 this state be immediately suspended. Said suspension shall be subject to the hardship provisions 1
378378 enumerated in § 31-27-2.8. 2
379379 (c) A traffic tribunal judge or magistrate, or a district court judge or magistrate, pursuant 3
380380 to the terms of subsection (d) of this section, shall order as follows: 4
381381 (1) Impose, for the first violation, a fine in the amount of two hundred dollars ($200) to 5
382382 five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of 6
383383 public community restitution. The person's driving license in this state shall be suspended for a 7
384384 period of six (6) months to one year. The traffic tribunal judge or magistrate shall require attendance 8
385385 at a special course on driving while intoxicated or under the influence of a controlled substance 9
386386 and/or alcohol or drug treatment for the individual. The traffic tribunal judge or magistrate may 10
387387 prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock 11
388388 system and/or blood and urine testing as provided in § 31-27-2.8. 12
389389 (2) Every person convicted of a second violation within a five-year (5) ten-year (10) period, 13
390390 except with respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; 14
391391 shall be imprisoned for not more than six (6) months; shall pay a fine in the amount of six hundred 15
392392 dollars ($600) to one thousand dollars ($1,000); perform sixty (60) to one hundred (100) hours of 16
393393 public community restitution; and the person's driving license in this state shall be suspended for a 17
394394 period of one year to two (2) years. The judge or magistrate shall require alcohol and/or drug 18
395395 treatment for the individual. The sentencing judge or magistrate shall prohibit that person from 19
396396 operating a motor vehicle that is not equipped with an ignition interlock system and/or blood and 20
397397 urine testing as provided in § 31-27-2.8. 21
398398 (3) Every person convicted for a third or subsequent violation within a five-year (5) ten-22
399399 year (10) period, except with respect to cases of refusal to submit to a blood test, shall be guilty of 23
400400 a misdemeanor; and shall be imprisoned for not more than one year; fined eight hundred dollars 24
401401 ($800) to one thousand dollars ($1,000); shall perform not less than one hundred (100) hours of 25
402402 public community restitution; and the person's operator's license in this state shall be suspended for 26
403403 a period of two (2) years to five (5) years. The sentencing judge or magistrate shall prohibit that 27
404404 person from operating a motor vehicle that is not equipped with an ignition interlock system and/or 28
405405 blood and urine testing as provided in § 31-27-2.8. The judge or magistrate shall require alcohol or 29
406406 drug treatment for the individual. Provided, that prior to the reinstatement of a license to a person 30
407407 charged with a third or subsequent violation within a three-year (3) period, a hearing shall be held 31
408408 before a judge or magistrate. At the hearing, the judge or magistrate shall review the person's 32
409409 driving record, his or her employment history, family background, and any other pertinent factors 33
410410 that would indicate that the person has demonstrated behavior that warrants the reinstatement of 34
411411
412412
413413 LC000202 - Page 12 of 15
414414 his or her license. 1
415415 (4) For a second violation within a five-year (5) ten-year (10) period with respect to a case 2
416416 of a refusal to submit to a blood test, a fine in the amount of six hundred dollars ($600) to one 3
417417 thousand dollars ($1,000); the person shall perform sixty (60) to one hundred (100) hours of public 4
418418 community restitution; and the person's driving license in this state shall be suspended for a period 5
419419 of two (2) years. The judicial officer shall require alcohol and/or drug treatment for the individual. 6
420420 The sentencing judicial officer shall prohibit that person from operating a motor vehicle that is not 7
421421 equipped with an ignition interlock system as provided in § 31-27-2.8. Such a violation with respect 8
422422 to refusal to submit to a chemical blood test shall be a civil offense. 9
423423 (5) For a third or subsequent violation within a five-year (5) ten-year (10) period with 10
424424 respect to a case of a refusal to submit to a blood test, a fine in the amount of eight hundred dollars 11
425425 ($800) to one thousand dollars ($1,000); the person shall perform not less than one hundred (100) 12
426426 hours of public community restitution; and the person's driving license in this state shall be 13
427427 suspended for a period of two (2) to five (5) years. The sentencing judicial officer shall prohibit 14
428428 that person from operating a motor vehicle that is not equipped with an ignition interlock system 15
429429 as provided in § 31-27-2.8. The judicial officer shall require alcohol and/or drug treatment for the 16
430430 individual. Such a violation with respect to refusal to submit to a chemical test of blood shall be a 17
431431 civil offense. Provided, that prior to the reinstatement of a license to a person charged with a third 18
432432 or subsequent violation within a three-year (3) period, a hearing shall be held before a judicial 19
433433 officer. At the hearing, the judicial officer shall review the person's driving record, his or her 20
434434 employment history, family background, and any other pertinent factors that would indicate that 21
435435 the person has demonstrated behavior that warrants the reinstatement of their license. 22
436436 (6) For purposes of determining the period of license suspension, a prior violation shall 23
437437 constitute any charge brought and sustained under the provisions of this section or § 31-27-2. 24
438438 (7) In addition to any other fines, a highway safety assessment of five hundred dollars 25
439439 ($500) shall be paid by any person found in violation of this section, the assessment to be deposited 26
440440 into the general fund. The assessment provided for by this subsection shall be collected from a 27
441441 violator before any other fines authorized by this section. 28
442442 (8) In addition to any other fines and highway safety assessments, a two-hundred-dollar 29
443443 ($200) assessment shall be paid by any person found in violation of this section to support the 30
444444 department of health's chemical testing programs outlined in §§ 31-27-2(f) and 31-27-2(g), that 31
445445 shall be deposited as general revenues, not restricted receipts. 32
446446 (9) No fines, suspensions, assessments, alcohol or drug treatment programs, course on 33
447447 driving while intoxicated or under the influence of a controlled substance, or public community 34
448448
449449
450450 LC000202 - Page 13 of 15
451451 restitution provided for under this section can be suspended. 1
452452 (10) Implied consent notice for persons eighteen (18) years of age or older: "Rhode Island 2
453453 law requires you to submit to a chemical test of your blood, breath, or urine for the purpose of 3
454454 determining the chemical content of your body fluids or breath. If you refuse this testing, certain 4
455455 penalties can be imposed and include the following: for a first offense, your Rhode Island driver's 5
456456 license or privilege to operate a motor vehicle in this state can be suspended for six (6) months to 6
457457 one year or modified to permit operation in connection with an ignition interlock device for a period 7
458458 specified by law; a fine from two hundred dollars ($200) to five hundred dollars ($500) can be 8
459459 imposed; and you can be ordered to perform ten (10) to sixty (60) hours of community service and 9
460460 attend a special course on driving while intoxicated or under the influence of a controlled substance 10
461461 and/or alcohol or drug treatment. If you have had one or more previous offenses within the past 11
462462 five (5) years, your refusal to submit to a chemical test of breath or urine at this time can have 12
463463 criminal penalties, including incarceration up to six (6) months for a second offense and up to one 13
464464 year for a third or subsequent offense, and can carry increased license suspension or ignition 14
465465 interlock period, fines, and community service. All violators shall pay a five hundred dollar ($500) 15
466466 highway safety assessment fee, a two hundred dollar ($200) department of health chemical testing 16
467467 programs assessment fee, and a license reinstatement fee. Refusal to submit to a chemical test of 17
468468 blood shall not subject you to criminal penalties for the refusal itself, but if you have one or more 18
469469 previous offenses other civil penalties may increase. You have the right to be examined at your 19
470470 own expense by a physician selected by you. If you submit to a chemical test at this time, you have 20
471471 the right to have an additional chemical test performed at your own expense. You will be afforded 21
472472 a reasonable opportunity to exercise these rights. Access to a telephone will be made available for 22
473473 you to make those arrangements. You may now use a telephone." 23
474474 Use of this implied consent notice shall serve as evidence that a person's consent to a 24
475475 chemical test is valid in a prosecution involving driving under the influence of liquor, controlled 25
476476 substances, and/or drugs. 26
477477 (d) Upon suspending or refusing to issue a license or permit as provided in subsection (a), 27
478478 the traffic tribunal or district court shall immediately notify the person involved in writing, and 28
479479 upon his or her request, within fifteen (15) days, afford the person an opportunity for a hearing as 29
480480 early as practical upon receipt of a request in writing. Upon a hearing, the judge may administer 30
481481 oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books 31
482482 and papers. If the judge finds after the hearing that: 32
483483 (1) The law enforcement officer making the sworn report had reasonable grounds to believe 33
484484 that the arrested person had been driving a motor vehicle within this state while under the influence 34
485485
486486
487487 LC000202 - Page 14 of 15
488488 of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or 1
489489 any combination of these; 2
490490 (2) The person, while under arrest, refused to submit to the tests upon the request of a law 3
491491 enforcement officer; 4
492492 (3) The person had been informed of his or her rights in accordance with § 31-27-3; and 5
493493 (4) The person had been informed of the penalties incurred as a result of noncompliance 6
494494 with this section, the judge shall sustain the violation. The judge shall then impose the penalties set 7
495495 forth in subsection (c) of this section. Action by the judge must be taken within seven (7) days after 8
496496 the hearing or it shall be presumed that the judge has refused to issue his or her order of suspension. 9
497497 (e) For the purposes of this section, any test of a sample of blood, breath, or urine for the 10
498498 presence of alcohol that relies, in whole or in part, upon the principle of infrared light absorption is 11
499499 considered a chemical test. 12
500500 (f) If any provision of this section, or the application of any provision, shall, for any reason, 13
501501 be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the section, 14
502502 but shall be confined in this effect to the provisions or application directly involved in the 15
503503 controversy giving rise to the judgment. 16
504504 SECTION 3. This act shall take effect upon passage. 17
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508508
509509
510510 LC000202 - Page 15 of 15
511511 EXPLANATION
512512 BY THE LEGISLATIVE COUNCIL
513513 OF
514514 A N A C T
515515 RELATING TO MOTOR AN D OTHER VEHICLES - MOTOR VEHICLE OFFENS ES
516516 ***
517517 This act would extend the "lookback" period for repeat offenses involving driving under 1
518518 the influence of alcohol or drugs under § 31-27-2 and for repeat offenses related to failure or refusal 2
519519 to submit to chemical tests under § 31-27-2.1 from five (5) years to ten (10) years. 3
520520 This act would take effect upon passage. 4
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522522 LC000202
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