2023 -- H 5216
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LC000202
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO MOTOR AN D OTHER VEHICLES - MOTOR VEHICLE OFFENS ES
Introduced By: Representatives Serpa, and Noret
Date Introduced: January 19, 2023
Referred To: House Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Sections 31-27-2 and 31-27-2.1 of the General Laws in Chapter 31-27 entitled 1
"Motor Vehicle Offenses" are hereby amended to read as follows: 2
31-27-2. Driving under influence of liquor or drugs. 3
(a) Whoever drives or otherwise operates any vehicle in the state while under the influence 4
of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of 5
title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in 6
subsection (d)(3), and shall be punished as provided in subsection (d) of this section. 7
(b)(1) Any person charged under subsection (a), whose blood alcohol concentration is eight 8
one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis of a 9
blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall not 10
preclude a conviction based on other admissible evidence. Proof of guilt under this section may 11
also be based on evidence that the person charged was under the influence of intoxicating liquor, 12
drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of 13
these, to a degree that rendered the person incapable of safely operating a vehicle. The fact that any 14
person charged with violating this section is, or has been, legally entitled to use alcohol or a drug 15
shall not constitute a defense against any charge of violating this section. 16
(2) [Deleted by P.L. 2021, ch. 170, § 1 and P.L. 2021, ch. 171, § 1.] 17
(c) In any criminal prosecution for a violation of subsection (a), evidence as to the amount 18
of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or 19
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any combination of these, in the defendant's blood at the time alleged as shown by a chemical 1
analysis of the defendant's breath, blood, or urine or other bodily substance, shall be admissible and 2
competent, provided that evidence is presented that the following conditions have been complied 3
with: 4
(1) The defendant has consented to the taking of the test upon which the analysis is made. 5
Evidence that the defendant had refused to submit to the test shall not be admissible unless the 6
defendant elects to testify. 7
(2) A true copy of the report of the test result was hand delivered at the location of the test 8
or mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath 9
test. 10
(3) Any person submitting to a chemical test of blood, urine, or other body fluids shall have 11
a true copy of the report of the test result mailed to him or her within thirty (30) days following the 12
taking of the test. 13
(4) The test was performed according to methods and with equipment approved by the 14
director of the department of health of the state of Rhode Island and by an authorized individual. 15
(5) Equipment used for the conduct of the tests by means of breath analysis had been tested 16
for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore 17
provided, and breathalyzer operators shall be qualified and certified by the department of health 18
within three hundred sixty-five (365) days of the test. 19
(6) The person arrested and charged with operating a motor vehicle while under the 20
influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of 21
title 21 or any combination of these in violation of subsection (a), was afforded the opportunity to 22
have an additional chemical test. The officer arresting or so charging the person shall have informed 23
the person of this right and afforded him or her a reasonable opportunity to exercise this right, and 24
a notation to this effect is made in the official records of the case in the police department. Refusal 25
to permit an additional chemical test shall render incompetent and inadmissible in evidence the 26
original report. 27
(d)(1) (i) Every person found to have violated subsection (b)(1) shall be sentenced as 28
follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one 29
percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood presence 30
of any scheduled controlled substance as defined in chapter 28 of title 21, shall be subject to a fine 31
of not less than one hundred dollars ($100), nor more than three hundred dollars ($300); shall be 32
required to perform ten (10) to sixty (60) hours of public community restitution, and/or shall be 33
imprisoned for up to one year. The sentence may be served in any unit of the adult correctional 34
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institutions in the discretion of the sentencing judge and/or shall be required to attend a special 1
course on driving while intoxicated or under the influence of a controlled substance; provided, 2
however, that the court may permit a servicemember or veteran to complete any court-approved 3
counseling program administered or approved by the Veterans' Administration, and his or her 4
driver's license shall be suspended for thirty (30) days up to one hundred eighty (180) days. The 5
sentencing judge or magistrate may prohibit that person from operating a motor vehicle, pursuant 6
to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system 7
and/or blood and urine testing as provided in § 31-27-2.8. 8
(ii) Every person convicted of a first violation whose blood alcohol concentration is one-9
tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent 10
(.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less than 11
one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required to 12
perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for 13
up to one year. The sentence may be served in any unit of the adult correctional institutions in the 14
discretion of the sentencing judge. The person's driving license shall be suspended for a period of 15
three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special 16
course on driving while intoxicated or under the influence of a controlled substance and/or 17
alcoholic or drug treatment for the individual; provided, however, that the court may permit a 18
servicemember or veteran to complete any court-approved counseling program administered or 19
approved by the Veterans' Administration. The sentencing judge or magistrate may prohibit that 20
person from operating a motor vehicle that is not equipped with an ignition interlock system as 21
provided in § 31-27-2.8. 22
(iii) Every person convicted of a first offense whose blood alcohol concentration is fifteen 23
hundredths of one percent (.15%) or above, or who is under the influence of a drug, toluene, or any 24
controlled substance as defined in subsection (b)(1), shall be subject to a fine of five hundred dollars 25
($500) and shall be required to perform twenty (20) to sixty (60) hours of public community 26
restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit 27
of the adult correctional institutions in the discretion of the sentencing judge. The person's driving 28
license shall be suspended for a period of three (3) months to eighteen (18) months. The sentencing 29
judge shall require attendance at a special course on driving while intoxicated or under the influence 30
of a controlled substance and/or alcohol or drug treatment for the individual; provided, however, 31
that the court may permit a servicemember or veteran to complete any court-approved counseling 32
program administered or approved by the Veterans' Administration. The sentencing judge or 33
magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) 34
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or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and 1
urine testing as provided in § 31-27-2.8. 2
(2)(i) Every person convicted of a second violation within a five-year (5) ten-year (10) 3
period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, 4
but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is 5
unknown, or who has a blood presence of any controlled substance as defined in chapter 28 of title 6
21, and every person convicted of a second violation within a five-year (5) ten-year (10) period, 7
regardless of whether the prior violation and subsequent conviction was a violation and subsequent 8
conviction under this statute or under the driving under the influence of liquor or drugs statute of 9
any other state, shall be subject to a mandatory fine of four hundred dollars ($400). The person's 10
driving license shall be suspended for a period of one year to two (2) years, and the individual shall 11
be sentenced to not less than ten (10) days, nor more than one year, in jail. The sentence may be 12
served in any unit of the adult correctional institutions in the discretion of the sentencing judge; 13
however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The 14
sentencing judge shall require alcohol or drug treatment for the individual; provided, however, that 15
the court may permit a servicemember or veteran to complete any court-approved counseling 16
program administered or approved by the Veterans' Administration and shall prohibit that person 17
from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not 18
equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-19
2.8. 20
(ii) Every person convicted of a second violation within a five-year (5) ten-year (10) period 21
whose blood alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight 22
as shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence 23
of a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to 24
mandatory imprisonment of not less than six (6) months, nor more than one year; a mandatory fine 25
of not less than one thousand dollars ($1,000); and a mandatory license suspension for a period of 26
two (2) years from the date of completion of the sentence imposed under this subsection. The 27
sentencing judge shall require alcohol or drug treatment for the individual; provided, however, that 28
the court may permit a servicemember or veteran to complete any court approved counseling 29
program administered or approved by the Veterans' Administration. The sentencing judge or 30
magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) 31
or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and 32
urine testing as provided in § 31-27-2.8. 33
(3)(i) Every person convicted of a third or subsequent violation within a five-year (5) ten-34
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year (10) period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) 1
or above, but less than fifteen hundredths of one percent (.15%), or whose blood alcohol 2
concentration is unknown or who has a blood presence of any scheduled controlled substance as 3
defined in chapter 28 of title 21, regardless of whether any prior violation and subsequent 4
conviction was a violation and subsequent conviction under this statute or under the driving under 5
the influence of liquor or drugs statute of any other state, shall be guilty of a felony and be subject 6
to a mandatory fine of four hundred ($400) dollars. The person's driving license shall be suspended 7
for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less than 8
one year and not more than three (3) years in jail. The sentence may be served in any unit of the 9
adult correctional institutions in the discretion of the sentencing judge; however, not less than forty-10
eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require 11
alcohol or drug treatment for the individual; provided, however, that the court may permit a 12
servicemember or veteran to complete any court-approved counseling program administered or 13
approved by the Veterans' Administration, and shall prohibit that person from operating a motor 14
vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition 15
interlock system and/or blood and urine testing as provided in § 31-27-2.8. 16
(ii) Every person convicted of a third or subsequent violation within a five-year (5) ten-17
year (10) period whose blood alcohol concentration is fifteen hundredths of one percent (.15%) 18
above by weight as shown by a chemical analysis of a blood, breath, or urine sample, or who is 19
under the influence of a drug, toluene, or any controlled substance as defined in subsection (b)(1), 20
shall be subject to mandatory imprisonment of not less than three (3) years, nor more than five (5) 21
years; a mandatory fine of not less than one thousand dollars ($1,000), nor more than five thousand 22
dollars ($5,000); and a mandatory license suspension for a period of three (3) years from the date 23
of completion of the sentence imposed under this subsection. The sentencing judge shall require 24
alcohol or drug treatment for the individual. The sentencing judge or magistrate shall prohibit that 25
person from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that 26
is not equipped with an ignition interlock system and/or blood and urine testing as provided in § 27
31-27-2.8. 28
(iii) In addition to the foregoing penalties, every person convicted of a third or subsequent 29
violation within a five-year (5) ten-year (10) period, regardless of whether any prior violation and 30
subsequent conviction was a violation and subsequent conviction under this statute or under the 31
driving under the influence of liquor or drugs statute of any other state, shall be subject, in the 32
discretion of the sentencing judge, to having the vehicle owned and operated by the violator seized 33
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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general fund. 1
(4) Whoever drives or otherwise operates any vehicle in the state while under the influence 2
of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of 3
title 21, or any combination of these, when his or her license to operate is suspended, revoked, or 4
cancelled for operating under the influence of a narcotic drug or intoxicating liquor, shall be guilty 5
of a felony punishable by imprisonment for not more than three (3) years and by a fine of not more 6
than three thousand dollars ($3,000). The court shall require alcohol and/or drug treatment for the 7
individual; provided, the penalties provided for in this subsection (d)(4) shall not apply to an 8
individual who has surrendered his or her license and served the court-ordered period of suspension, 9
but who, for any reason, has not had his or her license reinstated after the period of suspension, 10
revocation, or suspension has expired; provided, further, the individual shall be subject to the 11
provisions of subsection (d)(2)(i), (d)(2)(ii), (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) regarding subsequent 12
offenses, and any other applicable provision of this section. 13
(5)(i) For purposes of determining the period of license suspension, a prior violation shall 14
constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1. 15
(ii) Any person over the age of eighteen (18) who is convicted under this section for 16
operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of 17
these, while a child under the age of thirteen (13) years was present as a passenger in the motor 18
vehicle when the offense was committed shall be subject to immediate license suspension pending 19
prosecution. Any person convicted of violating this section shall be guilty of a misdemeanor for a 20
first offense and may be sentenced to a term of imprisonment of not more than one year and a fine 21
not to exceed one thousand dollars ($1,000). Any person convicted of a second or subsequent 22
offense shall be guilty of a felony offense and may be sentenced to a term of imprisonment of not 23
more than five (5) years and a fine not to exceed five thousand dollars ($5,000). The sentencing 24
judge shall also order a license suspension of up to two (2) years, require attendance at a special 25
course on driving while intoxicated or under the influence of a controlled substance, and alcohol 26
or drug education and/or treatment. The individual may also be required to pay a highway 27
assessment fee of no more than five hundred dollars ($500) and the assessment shall be deposited 28
in the general fund. 29
(6)(i) Any person convicted of a violation under this section shall pay a highway 30
assessment fine of five hundred dollars ($500) that shall be deposited into the general fund. The 31
assessment provided for by this subsection shall be collected from a violator before any other fines 32
authorized by this section. 33
(ii) Any person convicted of a violation under this section shall be assessed a fee of eighty-34
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six dollars ($86). 1
(7)(i) If the person convicted of violating this section is under the age of eighteen (18) 2
years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of 3
public community restitution and the juvenile's driving license shall be suspended for a period of 4
six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing 5
judge shall also require attendance at a special course on driving while intoxicated or under the 6
influence of a controlled substance and alcohol or drug education and/or treatment for the juvenile. 7
The juvenile may also be required to pay a highway assessment fine of no more than five hundred 8
dollars ($500) and the assessment imposed shall be deposited into the general fund. 9
(ii) If the person convicted of violating this section is under the age of eighteen (18) years, 10
for a second or subsequent violation regardless of whether any prior violation and subsequent 11
conviction was a violation and subsequent conviction under this statute or under the driving under 12
the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory 13
suspension of his or her driving license until such time as he or she is twenty-one (21) years of age 14
and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training 15
school for a period of not more than one year and/or a fine of not more than five hundred dollars 16
($500). 17
(8) Any person convicted of a violation under this section may undergo a clinical 18
assessment at the community college of Rhode Island's center for workforce and community 19
education. Should this clinical assessment determine problems of alcohol, drug abuse, or 20
psychological problems associated with alcoholic or drug abuse, this person shall be referred to an 21
appropriate facility, licensed or approved by the department of behavioral healthcare, 22
developmental disabilities and hospitals, for treatment placement, case management, and 23
monitoring. In the case of a servicemember or veteran, the court may order that the person be 24
evaluated through the Veterans' Administration. Should the clinical assessment determine problems 25
of alcohol, drug abuse, or psychological problems associated with alcohol or drug abuse, the person 26
may have their treatment, case management, and monitoring administered or approved by the 27
Veterans' Administration. 28
(9) Notwithstanding any other sentencing and disposition provisions contained in this 29
chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was 30
operating a vehicle in the state while under the influence of drugs, toluene, or any controlled 31
substance as evidenced by the presence of controlled substances on or about the person or vehicle, 32
or other reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a 33
preliminary breath test, results from a breathalyzer that indicates no blood alcohol concentration, 34
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or both, the judge or magistrate may exercise his or her discretion and eliminate the requirement 1
of an ignition interlock system; provided, that blood and/or urine testing is mandated as a condition 2
to operating a motor vehicle as provided in § 31-27-2.8. 3
(10) Notwithstanding any other sentencing and disposition provisions contained in this 4
chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was 5
operating a vehicle in the state while under the influence of drugs, toluene, or any controlled 6
substance as evidenced by the presence of controlled substances on or about the person or vehicle, 7
or other reliable indicia or articulable conditions thereof and intoxicating liquor based on a 8
preliminary breath test, results from a breathalyzer that indicates blood alcohol concentration, or 9
both, the judge or magistrate may require an ignition interlock system in addition to blood and/or 10
urine testing as a condition to operating a motor vehicle as provided in § 31-27-2.8. 11
(e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per 12
one hundred cubic centimeters (100 cc) of blood. 13
(f)(1) There is established an alcohol and drug safety unit within the division of motor 14
vehicles to administer an alcohol safety action program. The program shall provide for placement 15
and follow-up for persons who are required to pay the highway safety assessment. The alcohol and 16
drug safety action program will be administered in conjunction with alcohol and drug programs 17
licensed by the department of behavioral healthcare, developmental disabilities and hospitals. 18
(2) Persons convicted under the provisions of this chapter shall be required to attend a 19
special course on driving while intoxicated or under the influence of a controlled substance, and/or 20
participate in an alcohol or drug treatment program; provided, however, that the court may permit 21
a servicemember or veteran to complete any court-approved counseling program administered or 22
approved by the Veterans' Administration. The course shall take into consideration any language 23
barrier that may exist as to any person ordered to attend, and shall provide for instruction reasonably 24
calculated to communicate the purposes of the course in accordance with the requirements of the 25
subsection. Any costs reasonably incurred in connection with the provision of this accommodation 26
shall be borne by the person being retrained. A copy of any violation under this section shall be 27
forwarded by the court to the alcohol and drug safety unit. In the event that persons convicted under 28
the provisions of this chapter fail to attend and complete the above course or treatment program, as 29
ordered by the judge, then the person may be brought before the court, and after a hearing as to 30
why the order of the court was not followed, may be sentenced to jail for a period not exceeding 31
one year. 32
(3) The alcohol and drug safety action program within the division of motor vehicles shall 33
be funded by general revenue appropriations. 34
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(g) The director of the department of health is empowered to make and file with the 1
secretary of state regulations that prescribe the techniques and methods of chemical analysis of the 2
person's body fluids or breath and the qualifications and certification of individuals authorized to 3
administer this testing and analysis. 4
(h) Jurisdiction for misdemeanor violations of this section shall be with the district court 5
for persons eighteen (18) years of age or older and to the family court for persons under the age of 6
eighteen (18) years. The courts shall have full authority to impose any sentence authorized and to 7
order the suspension of any license for violations of this section. Trials in superior court are not 8
required to be scheduled within thirty (30) days of the arraignment date. 9
(i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on 10
driving while intoxicated or under the influence of a controlled substance, public community 11
restitution, or jail provided for under this section can be suspended. 12
(j) An order to attend a special course on driving while intoxicated, that shall be 13
administered in cooperation with a college or university accredited by the state, shall include a 14
provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars 15
($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into 16
the general fund. 17
(k) For the purposes of this section, any test of a sample of blood, breath, or urine for the 18
presence of alcohol that relies in whole or in part upon the principle of infrared light absorption is 19
considered a chemical test. 20
(l) If any provision of this section, or the application of any provision, shall for any reason 21
be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the 22
section, but shall be confined in this effect to the provision or application directly involved in the 23
controversy giving rise to the judgment. 24
(m) For the purposes of this section, "servicemember" means a person who is presently 25
serving in the armed forces of the United States, including the Coast Guard, a reserve component 26
thereof, or the National Guard. "Veteran" means a person who has served in the armed forces, 27
including the Coast Guard of the United States, a reserve component thereof, or the National Guard, 28
and has been discharged under other than dishonorable conditions. 29
31-27-2.1. Refusal to submit to chemical test. 30
(a) Any person who operates a motor vehicle within this state shall be deemed to have 31
given his or her consent to chemical tests of his or her breath, blood, and/or urine for the purpose 32
of determining the chemical content of his or her body fluids or breath. No more than two (2) 33
complete tests, one for the presence of intoxicating liquor and one for the presence of toluene or 34
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any controlled substance, as defined in § 21-28-1.02, shall be administered at the direction of a law 1
enforcement officer having reasonable grounds to believe the person to have been driving a motor 2
vehicle within this state while under the influence of intoxicating liquor, toluene, or any controlled 3
substance, as defined in chapter 28 of title 21, or any combination of these. The director of the 4
department of health is empowered to make and file, with the secretary of state, regulations that 5
prescribe the techniques and methods of chemical analysis of the person's body fluids or breath and 6
the qualifications and certification of individuals authorized to administer the testing and analysis. 7
(b) If a person, for religious or medical reasons, cannot be subjected to blood tests, the 8
person may file an affidavit with the division of motor vehicles stating the reasons why he or she 9
cannot be required to take blood tests and a notation to this effect shall be made on his or her 10
license. If that person is asked to submit to chemical tests as provided under this chapter, the person 11
shall only be required to submit to chemical tests of his or her breath or urine. When a person is 12
requested to submit to blood tests, only a physician or registered nurse, or a medical technician 13
certified under regulations promulgated by the director of the department of health, may withdraw 14
blood for the purpose of determining the alcoholic content in it. This limitation shall not apply to 15
the taking of breath or urine specimens. The person tested shall be permitted to have a physician of 16
his or her own choosing, and at his or her own expense, administer chemical tests of his or her 17
breath, blood, and/or urine in addition to the tests administered at the direction of a law enforcement 18
officer. If a person, having been placed under arrest, refuses upon the request of a law enforcement 19
officer to submit to the tests, as provided in § 31-27-2, none shall be given. 20
(1) At the initial traffic tribunal appearance, the magistrate shall review the incident, action, 21
and/or arrest reports submitted by the law enforcement officer to determine if there exists 22
reasonable grounds to believe that the person had been driving a motor vehicle while under the 23
influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of 24
title 21, or any combination thereof. The magistrate shall also determine if the person had been 25
informed of the penalties incurred as a result of failing to submit to a chemical test as provided in 26
this section and that the person had been informed of the implied consent notice contained in 27
subsection (c)(10) of this section. For the purpose of this subsection only, "driving a motor vehicle 28
while under the influence of any controlled substance as defined in chapter 28 of title 21" shall be 29
indicated by the presence or aroma of a controlled substance on or about the person or vehicle of 30
the individual refusing the chemical test or other reliable indicia or articulable conditions that the 31
person was impaired due to their intake of a controlled substance. 32
(2) If the magistrate determines that subsection (b)(1) of this section has been satisfied they 33
shall promptly order that the person's operator's license or privilege to operate a motor vehicle in 34
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this state be immediately suspended. Said suspension shall be subject to the hardship provisions 1
enumerated in § 31-27-2.8. 2
(c) A traffic tribunal judge or magistrate, or a district court judge or magistrate, pursuant 3
to the terms of subsection (d) of this section, shall order as follows: 4
(1) Impose, for the first violation, a fine in the amount of two hundred dollars ($200) to 5
five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of 6
public community restitution. The person's driving license in this state shall be suspended for a 7
period of six (6) months to one year. The traffic tribunal judge or magistrate shall require attendance 8
at a special course on driving while intoxicated or under the influence of a controlled substance 9
and/or alcohol or drug treatment for the individual. The traffic tribunal judge or magistrate may 10
prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock 11
system and/or blood and urine testing as provided in § 31-27-2.8. 12
(2) Every person convicted of a second violation within a five-year (5) ten-year (10) period, 13
except with respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; 14
shall be imprisoned for not more than six (6) months; shall pay a fine in the amount of six hundred 15
dollars ($600) to one thousand dollars ($1,000); perform sixty (60) to one hundred (100) hours of 16
public community restitution; and the person's driving license in this state shall be suspended for a 17
period of one year to two (2) years. The judge or magistrate shall require alcohol and/or drug 18
treatment for the individual. The sentencing judge or magistrate shall prohibit that person from 19
operating a motor vehicle that is not equipped with an ignition interlock system and/or blood and 20
urine testing as provided in § 31-27-2.8. 21
(3) Every person convicted for a third or subsequent violation within a five-year (5) ten-22
year (10) period, except with respect to cases of refusal to submit to a blood test, shall be guilty of 23
a misdemeanor; and shall be imprisoned for not more than one year; fined eight hundred dollars 24
($800) to one thousand dollars ($1,000); shall perform not less than one hundred (100) hours of 25
public community restitution; and the person's operator's license in this state shall be suspended for 26
a period of two (2) years to five (5) years. The sentencing judge or magistrate shall prohibit that 27
person from operating a motor vehicle that is not equipped with an ignition interlock system and/or 28
blood and urine testing as provided in § 31-27-2.8. The judge or magistrate shall require alcohol or 29
drug treatment for the individual. Provided, that prior to the reinstatement of a license to a person 30
charged with a third or subsequent violation within a three-year (3) period, a hearing shall be held 31
before a judge or magistrate. At the hearing, the judge or magistrate shall review the person's 32
driving record, his or her employment history, family background, and any other pertinent factors 33
that would indicate that the person has demonstrated behavior that warrants the reinstatement of 34
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his or her license. 1
(4) For a second violation within a five-year (5) ten-year (10) period with respect to a case 2
of a refusal to submit to a blood test, a fine in the amount of six hundred dollars ($600) to one 3
thousand dollars ($1,000); the person shall perform sixty (60) to one hundred (100) hours of public 4
community restitution; and the person's driving license in this state shall be suspended for a period 5
of two (2) years. The judicial officer shall require alcohol and/or drug treatment for the individual. 6
The sentencing judicial officer shall prohibit that person from operating a motor vehicle that is not 7
equipped with an ignition interlock system as provided in § 31-27-2.8. Such a violation with respect 8
to refusal to submit to a chemical blood test shall be a civil offense. 9
(5) For a third or subsequent violation within a five-year (5) ten-year (10) period with 10
respect to a case of a refusal to submit to a blood test, a fine in the amount of eight hundred dollars 11
($800) to one thousand dollars ($1,000); the person shall perform not less than one hundred (100) 12
hours of public community restitution; and the person's driving license in this state shall be 13
suspended for a period of two (2) to five (5) years. The sentencing judicial officer shall prohibit 14
that person from operating a motor vehicle that is not equipped with an ignition interlock system 15
as provided in § 31-27-2.8. The judicial officer shall require alcohol and/or drug treatment for the 16
individual. Such a violation with respect to refusal to submit to a chemical test of blood shall be a 17
civil offense. Provided, that prior to the reinstatement of a license to a person charged with a third 18
or subsequent violation within a three-year (3) period, a hearing shall be held before a judicial 19
officer. At the hearing, the judicial officer shall review the person's driving record, his or her 20
employment history, family background, and any other pertinent factors that would indicate that 21
the person has demonstrated behavior that warrants the reinstatement of their license. 22
(6) For purposes of determining the period of license suspension, a prior violation shall 23
constitute any charge brought and sustained under the provisions of this section or § 31-27-2. 24
(7) In addition to any other fines, a highway safety assessment of five hundred dollars 25
($500) shall be paid by any person found in violation of this section, the assessment to be deposited 26
into the general fund. The assessment provided for by this subsection shall be collected from a 27
violator before any other fines authorized by this section. 28
(8) In addition to any other fines and highway safety assessments, a two-hundred-dollar 29
($200) assessment shall be paid by any person found in violation of this section to support the 30
department of health's chemical testing programs outlined in §§ 31-27-2(f) and 31-27-2(g), that 31
shall be deposited as general revenues, not restricted receipts. 32
(9) No fines, suspensions, assessments, alcohol or drug treatment programs, course on 33
driving while intoxicated or under the influence of a controlled substance, or public community 34
LC000202 - Page 13 of 15
restitution provided for under this section can be suspended. 1
(10) Implied consent notice for persons eighteen (18) years of age or older: "Rhode Island 2
law requires you to submit to a chemical test of your blood, breath, or urine for the purpose of 3
determining the chemical content of your body fluids or breath. If you refuse this testing, certain 4
penalties can be imposed and include the following: for a first offense, your Rhode Island driver's 5
license or privilege to operate a motor vehicle in this state can be suspended for six (6) months to 6
one year or modified to permit operation in connection with an ignition interlock device for a period 7
specified by law; a fine from two hundred dollars ($200) to five hundred dollars ($500) can be 8
imposed; and you can be ordered to perform ten (10) to sixty (60) hours of community service and 9
attend a special course on driving while intoxicated or under the influence of a controlled substance 10
and/or alcohol or drug treatment. If you have had one or more previous offenses within the past 11
five (5) years, your refusal to submit to a chemical test of breath or urine at this time can have 12
criminal penalties, including incarceration up to six (6) months for a second offense and up to one 13
year for a third or subsequent offense, and can carry increased license suspension or ignition 14
interlock period, fines, and community service. All violators shall pay a five hundred dollar ($500) 15
highway safety assessment fee, a two hundred dollar ($200) department of health chemical testing 16
programs assessment fee, and a license reinstatement fee. Refusal to submit to a chemical test of 17
blood shall not subject you to criminal penalties for the refusal itself, but if you have one or more 18
previous offenses other civil penalties may increase. You have the right to be examined at your 19
own expense by a physician selected by you. If you submit to a chemical test at this time, you have 20
the right to have an additional chemical test performed at your own expense. You will be afforded 21
a reasonable opportunity to exercise these rights. Access to a telephone will be made available for 22
you to make those arrangements. You may now use a telephone." 23
Use of this implied consent notice shall serve as evidence that a person's consent to a 24
chemical test is valid in a prosecution involving driving under the influence of liquor, controlled 25
substances, and/or drugs. 26
(d) Upon suspending or refusing to issue a license or permit as provided in subsection (a), 27
the traffic tribunal or district court shall immediately notify the person involved in writing, and 28
upon his or her request, within fifteen (15) days, afford the person an opportunity for a hearing as 29
early as practical upon receipt of a request in writing. Upon a hearing, the judge may administer 30
oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books 31
and papers. If the judge finds after the hearing that: 32
(1) The law enforcement officer making the sworn report had reasonable grounds to believe 33
that the arrested person had been driving a motor vehicle within this state while under the influence 34
LC000202 - Page 14 of 15
of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or 1
any combination of these; 2
(2) The person, while under arrest, refused to submit to the tests upon the request of a law 3
enforcement officer; 4
(3) The person had been informed of his or her rights in accordance with § 31-27-3; and 5
(4) The person had been informed of the penalties incurred as a result of noncompliance 6
with this section, the judge shall sustain the violation. The judge shall then impose the penalties set 7
forth in subsection (c) of this section. Action by the judge must be taken within seven (7) days after 8
the hearing or it shall be presumed that the judge has refused to issue his or her order of suspension. 9
(e) For the purposes of this section, any test of a sample of blood, breath, or urine for the 10
presence of alcohol that relies, in whole or in part, upon the principle of infrared light absorption is 11
considered a chemical test. 12
(f) If any provision of this section, or the application of any provision, shall, for any reason, 13
be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the section, 14
but shall be confined in this effect to the provisions or application directly involved in the 15
controversy giving rise to the judgment. 16
SECTION 3. This act shall take effect upon passage. 17
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO MOTOR AN D OTHER VEHICLES - MOTOR VEHICLE OFFENS ES
***
This act would extend the "lookback" period for repeat offenses involving driving under 1
the influence of alcohol or drugs under § 31-27-2 and for repeat offenses related to failure or refusal 2
to submit to chemical tests under § 31-27-2.1 from five (5) years to ten (10) years. 3
This act would take effect upon passage. 4
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