Rhode Island 2023 Regular Session

Rhode Island House Bill H5216 Latest Draft

Bill / Introduced Version Filed 01/19/2023

                             
 
 
 
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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LC000202 - Page 15 of 15 
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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