Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0119 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0119
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7	7	LC000092
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO MOTOR AN D OTHER VEHICLES - MOTOR VEHICLE OFFENS ES
16	16	Introduced By: Senators Raptakis, Burke, Sosnowski, Tikoian, F. Lombardi, DiMario,
17	17	McKenney, Ciccone, Felag, and DiPalma
18	18	Date Introduced: February 01, 2023
19	19	Referred To: Senate Judiciary
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Sections 31-27-2 and 31-27-2.1 of the General Laws in Chapter 31-27 entitled 1
24	24	"Motor Vehicle Offenses" are hereby amended to read as follows: 2
25	25	31-27-2. Driving under influence of liquor or drugs. 3
26	26	(a) Whoever drives or otherwise operates any vehicle in the state while under the influence 4
27	27	of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of 5
28	28	title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in 6
29	29	subsection (d)(3), and shall be punished as provided in subsection (d) of this section. 7
30	30	(b)(1) Any person charged under subsection (a), whose blood alcohol concentration is eight 8
31	31	one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis of a 9
32	32	blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall not 10
33	33	preclude a conviction based on other admissible evidence. Proof of guilt under this section may 11
34	34	also be based on evidence that the person charged was under the influence of intoxicating liquor, 12
35	35	drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of 13
36	36	these, to a degree that rendered the person incapable of safely operating a vehicle. The fact that any 14
37	37	person charged with violating this section is, or has been, legally entitled to use alcohol or a drug 15
38	38	shall not constitute a defense against any charge of violating this section. 16
39	39	(2) [Deleted by P.L. 2021, ch. 170, § 1 and P.L. 2021, ch. 171, § 1.] 17
40	40	(c) In any criminal prosecution for a violation of subsection (a), evidence as to the amount 18
41	41	of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or 19
42	42
43	43
44	44	LC000092 - Page 2 of 15
45	45	any combination of these, in the defendant's blood at the time alleged as shown by a chemical 1
46	46	analysis of the defendant's breath, blood, or urine or other bodily substance, shall be admissible and 2
47	47	competent, provided that evidence is presented that the following conditions have been complied 3
48	48	with: 4
49	49	(1) The defendant has consented to the taking of the test upon which the analysis is made. 5
50	50	Evidence that the defendant had refused to submit to the test shall not be admissible unless the 6
51	51	defendant elects to testify. 7
52	52	(2) A true copy of the report of the test result was hand delivered at the location of the test 8
53	53	or mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath 9
54	54	test. 10
55	55	(3) Any person submitting to a chemical test of blood, urine, or other body fluids shall have 11
56	56	a true copy of the report of the test result mailed to him or her within thirty (30) days following the 12
57	57	taking of the test. 13
58	58	(4) The test was performed according to methods and with equipment approved by the 14
59	59	director of the department of health of the state of Rhode Island and by an authorized individual. 15
60	60	(5) Equipment used for the conduct of the tests by means of breath analysis had been tested 16
61	61	for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore 17
62	62	provided, and breathalyzer operators shall be qualified and certified by the department of health 18
63	63	within three hundred sixty-five (365) days of the test. 19
64	64	(6) The person arrested and charged with operating a motor vehicle while under the 20
65	65	influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of 21
66	66	title 21 or any combination of these in violation of subsection (a), was afforded the opportunity to 22
67	67	have an additional chemical test. The officer arresting or so charging the person shall have informed 23
68	68	the person of this right and afforded him or her a reasonable opportunity to exercise this right, and 24
69	69	a notation to this effect is made in the official records of the case in the police department. Refusal 25
70	70	to permit an additional chemical test shall render incompetent and inadmissible in evidence the 26
71	71	original report. 27
72	72	(d)(1) (i) Every person found to have violated subsection (b)(1) shall be sentenced as 28
73	73	follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one 29
74	74	percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood presence 30
75	75	of any scheduled controlled substance as defined in chapter 28 of title 21, shall be subject to a fine 31
76	76	of not less than one hundred dollars ($100), nor more than three hundred dollars ($300); shall be 32
77	77	required to perform ten (10) to sixty (60) hours of public community restitution, and/or shall be 33
78	78	imprisoned for up to one year. The sentence may be served in any unit of the adult correctional 34
79	79
80	80
81	81	LC000092 - Page 3 of 15
82	82	institutions in the discretion of the sentencing judge and/or shall be required to attend a special 1
83	83	course on driving while intoxicated or under the influence of a controlled substance; provided, 2
84	84	however, that the court may permit a servicemember or veteran to complete any court-approved 3
85	85	counseling program administered or approved by the Veterans' Administration, and his or her 4
86	86	driver's license shall be suspended for thirty (30) days up to one hundred eighty (180) days. The 5
87	87	sentencing judge or magistrate may prohibit that person from operating a motor vehicle, pursuant 6
88	88	to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system 7
89	89	and/or blood and urine testing as provided in § 31-27-2.8. 8
90	90	(ii) Every person convicted of a first violation whose blood alcohol concentration is one-9
91	91	tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent 10
92	92	(.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less than 11
93	93	one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required to 12
94	94	perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for 13
95	95	up to one year. The sentence may be served in any unit of the adult correctional institutions in the 14
96	96	discretion of the sentencing judge. The person's driving license shall be suspended for a period of 15
97	97	three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special 16
98	98	course on driving while intoxicated or under the influence of a controlled substance and/or 17
99	99	alcoholic or drug treatment for the individual; provided, however, that the court may permit a 18
100	100	servicemember or veteran to complete any court-approved counseling program administered or 19
101	101	approved by the Veterans' Administration. The sentencing judge or magistrate may prohibit that 20
102	102	person from operating a motor vehicle that is not equipped with an ignition interlock system as 21
103	103	provided in § 31-27-2.8. 22
104	104	(iii) Every person convicted of a first offense whose blood alcohol concentration is fifteen 23
105	105	hundredths of one percent (.15%) or above, or who is under the influence of a drug, toluene, or any 24
106	106	controlled substance as defined in subsection (b)(1), shall be subject to a fine of five hundred dollars 25
107	107	($500) and shall be required to perform twenty (20) to sixty (60) hours of public community 26
108	108	restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit 27
109	109	of the adult correctional institutions in the discretion of the sentencing judge. The person's driving 28
110	110	license shall be suspended for a period of three (3) months to eighteen (18) months. The sentencing 29
111	111	judge shall require attendance at a special course on driving while intoxicated or under the influence 30
112	112	of a controlled substance and/or alcohol or drug treatment for the individual; provided, however, 31
113	113	that the court may permit a servicemember or veteran to complete any court-approved counseling 32
114	114	program administered or approved by the Veterans' Administration. The sentencing judge or 33
115	115	magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) 34
116	116
117	117
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119	119	or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and 1
120	120	urine testing as provided in § 31-27-2.8. 2
121	121	(2)(i) Every person convicted of a second violation within a five-year (5) ten-year (10) 3
122	122	period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, 4
123	123	but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is 5
124	124	unknown, or who has a blood presence of any controlled substance as defined in chapter 28 of title 6
125	125	21, and every person convicted of a second violation within a five-year (5) ten-year (10) period, 7
126	126	regardless of whether the prior violation and subsequent conviction was a violation and subsequent 8
127	127	conviction under this statute or under the driving under the influence of liquor or drugs statute of 9
128	128	any other state, shall be subject to a mandatory fine of four hundred dollars ($400). The person's 10
129	129	driving license shall be suspended for a period of one year to two (2) years, and the individual shall 11
130	130	be sentenced to not less than ten (10) days, nor more than one year, in jail. The sentence may be 12
131	131	served in any unit of the adult correctional institutions in the discretion of the sentencing judge; 13
132	132	however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The 14
133	133	sentencing judge shall require alcohol or drug treatment for the individual; provided, however, that 15
134	134	the court may permit a servicemember or veteran to complete any court-approved counseling 16
135	135	program administered or approved by the Veterans' Administration and shall prohibit that person 17
136	136	from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not 18
137	137	equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-19
138	138	2.8. 20
139	139	(ii) Every person convicted of a second violation within a five-year (5) ten-year (10) period 21
140	140	whose blood alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight 22
141	141	as shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence 23
142	142	of a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to 24
143	143	mandatory imprisonment of not less than six (6) months, nor more than one year; a mandatory fine 25
144	144	of not less than one thousand dollars ($1,000); and a mandatory license suspension for a period of 26
145	145	two (2) years from the date of completion of the sentence imposed under this subsection. The 27
146	146	sentencing judge shall require alcohol or drug treatment for the individual; provided, however, that 28
147	147	the court may permit a servicemember or veteran to complete any court approved counseling 29
148	148	program administered or approved by the Veterans' Administration. The sentencing judge or 30
149	149	magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) 31
150	150	or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and 32
151	151	urine testing as provided in § 31-27-2.8. 33
152	152	(3)(i) Every person convicted of a third or subsequent violation within a five-year (5) ten-34
153	153
154	154
155	155	LC000092 - Page 5 of 15
156	156	year (10) period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) 1
157	157	or above, but less than fifteen hundredths of one percent (.15%), or whose blood alcohol 2
158	158	concentration is unknown or who has a blood presence of any scheduled controlled substance as 3
159	159	defined in chapter 28 of title 21, regardless of whether any prior violation and subsequent 4
160	160	conviction was a violation and subsequent conviction under this statute or under the driving under 5
161	161	the influence of liquor or drugs statute of any other state, shall be guilty of a felony and be subject 6
162	162	to a mandatory fine of four hundred ($400) dollars. The person's driving license shall be suspended 7
163	163	for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less than 8
164	164	one year and not more than three (3) years in jail. The sentence may be served in any unit of the 9
165	165	adult correctional institutions in the discretion of the sentencing judge; however, not less than forty-10
166	166	eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require 11
167	167	alcohol or drug treatment for the individual; provided, however, that the court may permit a 12
168	168	servicemember or veteran to complete any court-approved counseling program administered or 13
169	169	approved by the Veterans' Administration, and shall prohibit that person from operating a motor 14
170	170	vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition 15
171	171	interlock system and/or blood and urine testing as provided in § 31-27-2.8. 16
172	172	(ii) Every person convicted of a third or subsequent violation within a five-year (5) ten-17
173	173	year (10) period whose blood alcohol concentration is fifteen hundredths of one percent (.15%) 18
174	174	above by weight as shown by a chemical analysis of a blood, breath, or urine sample, or who is 19
175	175	under the influence of a drug, toluene, or any controlled substance as defined in subsection (b)(1), 20
176	176	shall be subject to mandatory imprisonment of not less than three (3) years, nor more than five (5) 21
177	177	years; a mandatory fine of not less than one thousand dollars ($1,000), nor more than five thousand 22
178	178	dollars ($5,000); and a mandatory license suspension for a period of three (3) years from the date 23
179	179	of completion of the sentence imposed under this subsection. The sentencing judge shall require 24
180	180	alcohol or drug treatment for the individual. The sentencing judge or magistrate shall prohibit that 25
181	181	person from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that 26
182	182	is not equipped with an ignition interlock system and/or blood and urine testing as provided in § 27
183	183	31-27-2.8. 28
184	184	(iii) In addition to the foregoing penalties, every person convicted of a third or subsequent 29
185	185	violation within a five-year (5) ten-year (10) period, regardless of whether any prior violation and 30
186	186	subsequent conviction was a violation and subsequent conviction under this statute or under the 31
187	187	driving under the influence of liquor or drugs statute of any other state, shall be subject, in the 32
188	188	discretion of the sentencing judge, to having the vehicle owned and operated by the violator seized 33
189	189	and sold by the state of Rhode Island, with all funds obtained by the sale to be transferred to the 34
190	190
191	191
192	192	LC000092 - Page 6 of 15
193	193	general fund. 1
194	194	(4) Whoever drives or otherwise operates any vehicle in the state while under the influence 2
195	195	of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of 3
196	196	title 21, or any combination of these, when his or her license to operate is suspended, revoked, or 4
197	197	cancelled for operating under the influence of a narcotic drug or intoxicating liquor, shall be guilty 5
198	198	of a felony punishable by imprisonment for not more than three (3) years and by a fine of not more 6
199	199	than three thousand dollars ($3,000). The court shall require alcohol and/or drug treatment for the 7
200	200	individual; provided, the penalties provided for in this subsection (d)(4) shall not apply to an 8
201	201	individual who has surrendered his or her license and served the court-ordered period of suspension, 9
202	202	but who, for any reason, has not had his or her license reinstated after the period of suspension, 10
203	203	revocation, or suspension has expired; provided, further, the individual shall be subject to the 11
204	204	provisions of subsection (d)(2)(i), (d)(2)(ii), (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) regarding subsequent 12
205	205	offenses, and any other applicable provision of this section. 13
206	206	(5)(i) For purposes of determining the period of license suspension, a prior violation shall 14
207	207	constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1. 15
208	208	(ii) Any person over the age of eighteen (18) who is convicted under this section for 16
209	209	operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of 17
210	210	these, while a child under the age of thirteen (13) years was present as a passenger in the motor 18
211	211	vehicle when the offense was committed shall be subject to immediate license suspension pending 19
212	212	prosecution. Any person convicted of violating this section shall be guilty of a misdemeanor for a 20
213	213	first offense and may be sentenced to a term of imprisonment of not more than one year and a fine 21
214	214	not to exceed one thousand dollars ($1,000). Any person convicted of a second or subsequent 22
215	215	offense shall be guilty of a felony offense and may be sentenced to a term of imprisonment of not 23
216	216	more than five (5) years and a fine not to exceed five thousand dollars ($5,000). The sentencing 24
217	217	judge shall also order a license suspension of up to two (2) years, require attendance at a special 25
218	218	course on driving while intoxicated or under the influence of a controlled substance, and alcohol 26
219	219	or drug education and/or treatment. The individual may also be required to pay a highway 27
220	220	assessment fee of no more than five hundred dollars ($500) and the assessment shall be deposited 28
221	221	in the general fund. 29
222	222	(6)(i) Any person convicted of a violation under this section shall pay a highway 30
223	223	assessment fine of five hundred dollars ($500) that shall be deposited into the general fund. The 31
224	224	assessment provided for by this subsection shall be collected from a violator before any other fines 32
225	225	authorized by this section. 33
226	226	(ii) Any person convicted of a violation under this section shall be assessed a fee of eighty-34
227	227
228	228
229	229	LC000092 - Page 7 of 15
230	230	six dollars ($86). 1
231	231	(7)(i) If the person convicted of violating this section is under the age of eighteen (18) 2
232	232	years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of 3
233	233	public community restitution and the juvenile's driving license shall be suspended for a period of 4
234	234	six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing 5
235	235	judge shall also require attendance at a special course on driving while intoxicated or under the 6
236	236	influence of a controlled substance and alcohol or drug education and/or treatment for the juvenile. 7
237	237	The juvenile may also be required to pay a highway assessment fine of no more than five hundred 8
238	238	dollars ($500) and the assessment imposed shall be deposited into the general fund. 9
239	239	(ii) If the person convicted of violating this section is under the age of eighteen (18) years, 10
240	240	for a second or subsequent violation regardless of whether any prior violation and subsequent 11
241	241	conviction was a violation and subsequent conviction under this statute or under the driving under 12
242	242	the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory 13
243	243	suspension of his or her driving license until such time as he or she is twenty-one (21) years of age 14
244	244	and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training 15
245	245	school for a period of not more than one year and/or a fine of not more than five hundred dollars 16
246	246	($500). 17
247	247	(8) Any person convicted of a violation under this section may undergo a clinical 18
248	248	assessment at the community college of Rhode Island's center for workforce and community 19
249	249	education. Should this clinical assessment determine problems of alcohol, drug abuse, or 20
250	250	psychological problems associated with alcoholic or drug abuse, this person shall be referred to an 21
251	251	appropriate facility, licensed or approved by the department of behavioral healthcare, 22
252	252	developmental disabilities and hospitals, for treatment placement, case management, and 23
253	253	monitoring. In the case of a servicemember or veteran, the court may order that the person be 24
254	254	evaluated through the Veterans' Administration. Should the clinical assessment determine problems 25
255	255	of alcohol, drug abuse, or psychological problems associated with alcohol or drug abuse, the person 26
256	256	may have their treatment, case management, and monitoring administered or approved by the 27
257	257	Veterans' Administration. 28
258	258	(9) Notwithstanding any other sentencing and disposition provisions contained in this 29
259	259	chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was 30
260	260	operating a vehicle in the state while under the influence of drugs, toluene, or any controlled 31
261	261	substance as evidenced by the presence of controlled substances on or about the person or vehicle, 32
262	262	or other reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a 33
263	263	preliminary breath test, results from a breathalyzer that indicates no blood alcohol concentration, 34
264	264
265	265
266	266	LC000092 - Page 8 of 15
267	267	or both, the judge or magistrate may exercise his or her discretion and eliminate the requirement 1
268	268	of an ignition interlock system; provided, that blood and/or urine testing is mandated as a condition 2
269	269	to operating a motor vehicle as provided in § 31-27-2.8. 3
270	270	(10) Notwithstanding any other sentencing and disposition provisions contained in this 4
271	271	chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was 5
272	272	operating a vehicle in the state while under the influence of drugs, toluene, or any controlled 6
273	273	substance as evidenced by the presence of controlled substances on or about the person or vehicle, 7
274	274	or other reliable indicia or articulable conditions thereof and intoxicating liquor based on a 8
275	275	preliminary breath test, results from a breathalyzer that indicates blood alcohol concentration, or 9
276	276	both, the judge or magistrate may require an ignition interlock system in addition to blood and/or 10
277	277	urine testing as a condition to operating a motor vehicle as provided in § 31-27-2.8. 11
278	278	(e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per 12
279	279	one hundred cubic centimeters (100 cc) of blood. 13
280	280	(f)(1) There is established an alcohol and drug safety unit within the division of motor 14
281	281	vehicles to administer an alcohol safety action program. The program shall provide for placement 15
282	282	and follow-up for persons who are required to pay the highway safety assessment. The alcohol and 16
283	283	drug safety action program will be administered in conjunction with alcohol and drug programs 17
284	284	licensed by the department of behavioral healthcare, developmental disabilities and hospitals. 18
285	285	(2) Persons convicted under the provisions of this chapter shall be required to attend a 19
286	286	special course on driving while intoxicated or under the influence of a controlled substance, and/or 20
287	287	participate in an alcohol or drug treatment program; provided, however, that the court may permit 21
288	288	a servicemember or veteran to complete any court-approved counseling program administered or 22
289	289	approved by the Veterans' Administration. The course shall take into consideration any language 23
290	290	barrier that may exist as to any person ordered to attend, and shall provide for instruction reasonably 24
291	291	calculated to communicate the purposes of the course in accordance with the requirements of the 25
292	292	subsection. Any costs reasonably incurred in connection with the provision of this accommodation 26
293	293	shall be borne by the person being retrained. A copy of any violation under this section shall be 27
294	294	forwarded by the court to the alcohol and drug safety unit. In the event that persons convicted under 28
295	295	the provisions of this chapter fail to attend and complete the above course or treatment program, as 29
296	296	ordered by the judge, then the person may be brought before the court, and after a hearing as to 30
297	297	why the order of the court was not followed, may be sentenced to jail for a period not exceeding 31
298	298	one year. 32
299	299	(3) The alcohol and drug safety action program within the division of motor vehicles shall 33
300	300	be funded by general revenue appropriations. 34
301	301
302	302
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304	304	(g) The director of the department of health is empowered to make and file with the 1
305	305	secretary of state regulations that prescribe the techniques and methods of chemical analysis of the 2
306	306	person's body fluids or breath and the qualifications and certification of individuals authorized to 3
307	307	administer this testing and analysis. 4
308	308	(h) Jurisdiction for misdemeanor violations of this section shall be with the district court 5
309	309	for persons eighteen (18) years of age or older and to the family court for persons under the age of 6
310	310	eighteen (18) years. The courts shall have full authority to impose any sentence authorized and to 7
311	311	order the suspension of any license for violations of this section. Trials in superior court are not 8
312	312	required to be scheduled within thirty (30) days of the arraignment date. 9
313	313	(i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on 10
314	314	driving while intoxicated or under the influence of a controlled substance, public community 11
315	315	restitution, or jail provided for under this section can be suspended. 12
316	316	(j) An order to attend a special course on driving while intoxicated, that shall be 13
317	317	administered in cooperation with a college or university accredited by the state, shall include a 14
318	318	provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars 15
319	319	($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into 16
320	320	the general fund. 17
321	321	(k) For the purposes of this section, any test of a sample of blood, breath, or urine for the 18
322	322	presence of alcohol that relies in whole or in part upon the principle of infrared light absorption is 19
323	323	considered a chemical test. 20
324	324	(l) If any provision of this section, or the application of any provision, shall for any reason 21
325	325	be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the 22
326	326	section, but shall be confined in this effect to the provision or application directly involved in the 23
327	327	controversy giving rise to the judgment. 24
328	328	(m) For the purposes of this section, "servicemember" means a person who is presently 25
329	329	serving in the armed forces of the United States, including the Coast Guard, a reserve component 26
330	330	thereof, or the National Guard. "Veteran" means a person who has served in the armed forces, 27
331	331	including the Coast Guard of the United States, a reserve component thereof, or the National Guard, 28
332	332	and has been discharged under other than dishonorable conditions. 29
333	333	31-27-2.1. Refusal to submit to chemical test. 30
334	334	(a) Any person who operates a motor vehicle within this state shall be deemed to have 31
335	335	given his or her consent to chemical tests of his or her breath, blood, and/or urine for the purpose 32
336	336	of determining the chemical content of his or her body fluids or breath. No more than two (2) 33
337	337	complete tests, one for the presence of intoxicating liquor and one for the presence of toluene or 34
338	338
339	339
340	340	LC000092 - Page 10 of 15
341	341	any controlled substance, as defined in § 21-28-1.02, shall be administered at the direction of a law 1
342	342	enforcement officer having reasonable grounds to believe the person to have been driving a motor 2
343	343	vehicle within this state while under the influence of intoxicating liquor, toluene, or any controlled 3
344	344	substance, as defined in chapter 28 of title 21, or any combination of these. The director of the 4
345	345	department of health is empowered to make and file, with the secretary of state, regulations that 5
346	346	prescribe the techniques and methods of chemical analysis of the person's body fluids or breath and 6
347	347	the qualifications and certification of individuals authorized to administer the testing and analysis. 7
348	348	(b) If a person, for religious or medical reasons, cannot be subjected to blood tests, the 8
349	349	person may file an affidavit with the division of motor vehicles stating the reasons why he or she 9
350	350	cannot be required to take blood tests and a notation to this effect shall be made on his or her 10
351	351	license. If that person is asked to submit to chemical tests as provided under this chapter, the person 11
352	352	shall only be required to submit to chemical tests of his or her breath or urine. When a person is 12
353	353	requested to submit to blood tests, only a physician or registered nurse, or a medical technician 13
354	354	certified under regulations promulgated by the director of the department of health, may withdraw 14
355	355	blood for the purpose of determining the alcoholic content in it. This limitation shall not apply to 15
356	356	the taking of breath or urine specimens. The person tested shall be permitted to have a physician of 16
357	357	his or her own choosing, and at his or her own expense, administer chemical tests of his or her 17
358	358	breath, blood, and/or urine in addition to the tests administered at the direction of a law enforcement 18
359	359	officer. If a person, having been placed under arrest, refuses upon the request of a law enforcement 19
360	360	officer to submit to the tests, as provided in § 31-27-2, none shall be given. 20
361	361	(1) At the initial traffic tribunal appearance, the magistrate shall review the incident, action, 21
362	362	and/or arrest reports submitted by the law enforcement officer to determine if there exists 22
363	363	reasonable grounds to believe that the person had been driving a motor vehicle while under the 23
364	364	influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of 24
365	365	title 21, or any combination thereof. The magistrate shall also determine if the person had been 25
366	366	informed of the penalties incurred as a result of failing to submit to a chemical test as provided in 26
367	367	this section and that the person had been informed of the implied consent notice contained in 27
368	368	subsection (c)(10) of this section. For the purpose of this subsection only, "driving a motor vehicle 28
369	369	while under the influence of any controlled substance as defined in chapter 28 of title 21" shall be 29
370	370	indicated by the presence or aroma of a controlled substance on or about the person or vehicle of 30
371	371	the individual refusing the chemical test or other reliable indicia or articulable conditions that the 31
372	372	person was impaired due to their intake of a controlled substance. 32
373	373	(2) If the magistrate determines that subsection (b)(1) of this section has been satisfied they 33
374	374	shall promptly order that the person's operator's license or privilege to operate a motor vehicle in 34
375	375
376	376
377	377	LC000092 - Page 11 of 15
378	378	this state be immediately suspended. Said suspension shall be subject to the hardship provisions 1
379	379	enumerated in § 31-27-2.8. 2
380	380	(c) A traffic tribunal judge or magistrate, or a district court judge or magistrate, pursuant 3
381	381	to the terms of subsection (d) of this section, shall order as follows: 4
382	382	(1) Impose, for the first violation, a fine in the amount of two hundred dollars ($200) to 5
383	383	five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of 6
384	384	public community restitution. The person's driving license in this state shall be suspended for a 7
385	385	period of six (6) months to one year. The traffic tribunal judge or magistrate shall require attendance 8
386	386	at a special course on driving while intoxicated or under the influence of a controlled substance 9
387	387	and/or alcohol or drug treatment for the individual. The traffic tribunal judge or magistrate may 10
388	388	prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock 11
389	389	system and/or blood and urine testing as provided in § 31-27-2.8. 12
390	390	(2) Every person convicted of a second violation within a five-year (5) ten-year (10) period, 13
391	391	except with respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; 14
392	392	shall be imprisoned for not more than six (6) months; shall pay a fine in the amount of six hundred 15
393	393	dollars ($600) to one thousand dollars ($1,000); perform sixty (60) to one hundred (100) hours of 16
394	394	public community restitution; and the person's driving license in this state shall be suspended for a 17
395	395	period of one year to two (2) years. The judge or magistrate shall require alcohol and/or drug 18
396	396	treatment for the individual. The sentencing judge or magistrate shall prohibit that person from 19
397	397	operating a motor vehicle that is not equipped with an ignition interlock system and/or blood and 20
398	398	urine testing as provided in § 31-27-2.8. 21
399	399	(3) Every person convicted for a third or subsequent violation within a five-year (5) ten-22
400	400	year (10) period, except with respect to cases of refusal to submit to a blood test, shall be guilty of 23
401	401	a misdemeanor; and shall be imprisoned for not more than one year; fined eight hundred dollars 24
402	402	($800) to one thousand dollars ($1,000); shall perform not less than one hundred (100) hours of 25
403	403	public community restitution; and the person's operator's license in this state shall be suspended for 26
404	404	a period of two (2) years to five (5) years. The sentencing judge or magistrate shall prohibit that 27
405	405	person from operating a motor vehicle that is not equipped with an ignition interlock system and/or 28
406	406	blood and urine testing as provided in § 31-27-2.8. The judge or magistrate shall require alcohol or 29
407	407	drug treatment for the individual. Provided, that prior to the reinstatement of a license to a person 30
408	408	charged with a third or subsequent violation within a three-year (3) period, a hearing shall be held 31
409	409	before a judge or magistrate. At the hearing, the judge or magistrate shall review the person's 32
410	410	driving record, his or her employment history, family background, and any other pertinent factors 33
411	411	that would indicate that the person has demonstrated behavior that warrants the reinstatement of 34
412	412
413	413
414	414	LC000092 - Page 12 of 15
415	415	his or her license. 1
416	416	(4) For a second violation within a five-year (5) ten-year (10) period with respect to a case 2
417	417	of a refusal to submit to a blood test, a fine in the amount of six hundred dollars ($600) to one 3
418	418	thousand dollars ($1,000); the person shall perform sixty (60) to one hundred (100) hours of public 4
419	419	community restitution; and the person's driving license in this state shall be suspended for a period 5
420	420	of two (2) years. The judicial officer shall require alcohol and/or drug treatment for the individua l. 6
421	421	The sentencing judicial officer shall prohibit that person from operating a motor vehicle that is not 7
422	422	equipped with an ignition interlock system as provided in § 31-27-2.8. Such a violation with respect 8
423	423	to refusal to submit to a chemical blood test shall be a civil offense. 9
424	424	(5) For a third or subsequent violation within a five-year (5) ten-year (10) period with 10
425	425	respect to a case of a refusal to submit to a blood test, a fine in the amount of eight hundred dollars 11
426	426	($800) to one thousand dollars ($1,000); the person shall perform not less than one hundred (100) 12
427	427	hours of public community restitution; and the person's driving license in this state shall be 13
428	428	suspended for a period of two (2) to five (5) years. The sentencing judicial officer shall prohibit 14
429	429	that person from operating a motor vehicle that is not equipped with an ignition interlock system 15
430	430	as provided in § 31-27-2.8. The judicial officer shall require alcohol and/or drug treatment for the 16
431	431	individual. Such a violation with respect to refusal to submit to a chemical test of blood shall be a 17
432	432	civil offense. Provided, that prior to the reinstatement of a license to a person charged with a third 18
433	433	or subsequent violation within a three-year (3) period, a hearing shall be held before a judicial 19
434	434	officer. At the hearing, the judicial officer shall review the person's driving record, his or her 20
435	435	employment history, family background, and any other pertinent factors that would indicate that 21
436	436	the person has demonstrated behavior that warrants the reinstatement of their license. 22
437	437	(6) For purposes of determining the period of license suspension, a prior violation shall 23
438	438	constitute any charge brought and sustained under the provisions of this section or § 31-27-2. 24
439	439	(7) In addition to any other fines, a highway safety assessment of five hundred dollars 25
440	440	($500) shall be paid by any person found in violation of this section, the assessment to be deposited 26
441	441	into the general fund. The assessment provided for by this subsection shall be collected from a 27
442	442	violator before any other fines authorized by this section. 28
443	443	(8) In addition to any other fines and highway safety assessments, a two-hundred-dollar 29
444	444	($200) assessment shall be paid by any person found in violation of this section to support the 30
445	445	department of health's chemical testing programs outlined in §§ 31-27-2(f) and 31-27-2(g), that 31
446	446	shall be deposited as general revenues, not restricted receipts. 32
447	447	(9) No fines, suspensions, assessments, alcohol or drug treatment programs, course on 33
448	448	driving while intoxicated or under the influence of a controlled substance, or public community 34
449	449
450	450
451	451	LC000092 - Page 13 of 15
452	452	restitution provided for under this section can be suspended. 1
453	453	(10) Implied consent notice for persons eighteen (18) years of age or older: "Rhode Island 2
454	454	law requires you to submit to a chemical test of your blood, breath, or urine for the purpose of 3
455	455	determining the chemical content of your body fluids or breath. If you refuse this testing, certain 4
456	456	penalties can be imposed and include the following: for a first offense, your Rhode Island driver's 5
457	457	license or privilege to operate a motor vehicle in this state can be suspended for six (6) months to 6
458	458	one year or modified to permit operation in connection with an ignition interlock device for a period 7
459	459	specified by law; a fine from two hundred dollars ($200) to five hundred dollars ($500) can be 8
460	460	imposed; and you can be ordered to perform ten (10) to sixty (60) hours of community service and 9
461	461	attend a special course on driving while intoxicated or under the influence of a controlled substance 10
462	462	and/or alcohol or drug treatment. If you have had one or more previous offenses within the past 11
463	463	five (5) years, your refusal to submit to a chemical test of breath or urine at this time can have 12
464	464	criminal penalties, including incarceration up to six (6) months for a second offense and up to one 13
465	465	year for a third or subsequent offense, and can carry increased license suspension or ignition 14
466	466	interlock period, fines, and community service. All violators shall pay a five hundred dollar ($500) 15
467	467	highway safety assessment fee, a two hundred dollar ($200) department of health chemical testing 16
468	468	programs assessment fee, and a license reinstatement fee. Refusal to submit to a chemical test of 17
469	469	blood shall not subject you to criminal penalties for the refusal itself, but if you have one or more 18
470	470	previous offenses other civil penalties may increase. You have the right to be examined at your 19
471	471	own expense by a physician selected by you. If you submit to a chemical test at this time, you have 20
472	472	the right to have an additional chemical test performed at your own expense. You will be afforded 21
473	473	a reasonable opportunity to exercise these rights. Access to a telephone will be made available for 22
474	474	you to make those arrangements. You may now use a telephone." 23
475	475	Use of this implied consent notice shall serve as evidence that a person's consent to a 24
476	476	chemical test is valid in a prosecution involving driving under the influence of liquor, controlled 25
477	477	substances, and/or drugs. 26
478	478	(d) Upon suspending or refusing to issue a license or permit as provided in subsection (a), 27
479	479	the traffic tribunal or district court shall immediately notify the person involved in writing, and 28
480	480	upon his or her request, within fifteen (15) days, afford the person an opportunity for a hearing as 29
481	481	early as practical upon receipt of a request in writing. Upon a hearing, the judge may administer 30
482	482	oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books 31
483	483	and papers. If the judge finds after the hearing that: 32
484	484	(1) The law enforcement officer making the sworn report had reasonable grounds to believe 33
485	485	that the arrested person had been driving a motor vehicle within this state while under the influence 34
486	486
487	487
488	488	LC000092 - Page 14 of 15
489	489	of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or 1
490	490	any combination of these; 2
491	491	(2) The person, while under arrest, refused to submit to the tests upon the request of a law 3
492	492	enforcement officer; 4
493	493	(3) The person had been informed of his or her rights in accordance with § 31-27-3; and 5
494	494	(4) The person had been informed of the penalties incurred as a result of noncompliance 6
495	495	with this section, the judge shall sustain the violation. The judge shall then impose the penalties set 7
496	496	forth in subsection (c) of this section. Action by the judge must be taken within seven (7) days after 8
497	497	the hearing or it shall be presumed that the judge has refused to issue his or her order of suspension. 9
498	498	(e) For the purposes of this section, any test of a sample of blood, breath, or urine for the 10
499	499	presence of alcohol that relies, in whole or in part, upon the principle of infrared light absorption is 11
500	500	considered a chemical test. 12
501	501	(f) If any provision of this section, or the application of any provision, shall, for any reason, 13
502	502	be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the section, 14
503	503	but shall be confined in this effect to the provisions or application directly involved in the 15
504	504	controversy giving rise to the judgment. 16
505	505	SECTION 3. This act shall take effect upon passage. 17
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507	507	LC000092
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509	509
510	510
511	511	LC000092 - Page 15 of 15
512	512	EXPLANATION
513	513	BY THE LEGISLATIVE COUNCIL
514	514	OF
515	515	A N A C T
516	516	RELATING TO MOTOR AN D OTHER VEHICLES - MOTOR VEHICLE OFFENS ES
517	517	***
518	518	This act would extend the "lookback" period for repeat offenses involving driving under 1
519	519	the influence of alcohol or drugs under § 31-27-2 and for repeat offenses related to failure or refusal 2
520	520	to submit to chemical tests under § 31-27-2.1 from five (5) years to ten (10) years. 3
521	521	This act would take effect upon passage. 4
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523	523	LC000092
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525	525