Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0357 Compare Versions

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

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5	5	2025 -- S 0357
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7	7	LC001141
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
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, Tikoian, Sosnowski, McKenney, Appollonio, Burke,
17	17	Thompson, Rogers, Felag, and Britto
18	18	Date Introduced: February 21, 2025
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, 31-27-2.1 and 31-27-2.8 of the General Laws in Chapter 1
24	24	31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows: 2
25	25	31-27-2. Driving under influence of liquor or drugs. [Effective July 1, 2025.] 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, including the testimony of a drug 11
34	34	recognition expert or evaluator, certified pursuant to training approved by the Rhode Island 12
35	35	department of transportation office on highway safety. Proof of guilt under this section may also 13
36	36	be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, 14
37	37	toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of these, 15
38	38	to a degree that rendered the person incapable of safely operating a vehicle. The fact that any person 16
39	39	charged with violating this section is, or has been, legally entitled to use alcohol or a drug shall not 17
40	40	constitute a defense against any charge of violating this section. 18
41	41	(2) [Deleted by P.L. 2021, ch. 170, § 1 and P.L. 2021, ch. 171, § 1.] 19
42	42
43	43
44	44	LC001141 - Page 2 of 22
45	45	(c) In any criminal prosecution for a violation of subsection (a), evidence as to the amount 1
46	46	of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or 2
47	47	any combination of these, in the defendant’s blood at the time alleged as shown by a chemical 3
48	48	analysis of the defendant’s breath, blood, saliva or urine or other bodily substance, shall be 4
49	49	admissible and competent, provided that evidence is presented that the following conditions have 5
50	50	been complied with: 6
51	51	(1) The defendant has consented to the taking of the test upon which the analysis is made. 7
52	52	Evidence that the defendant had refused to submit to the test shall not be admissible unless the 8
53	53	defendant elects to testify. 9
54	54	(2) A true copy of the report of the test result was hand delivered at the location of the test 10
55	55	or mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath 11
56	56	test. 12
57	57	(3) Any person submitting to a chemical test of blood, urine, saliva or other body fluids 13
58	58	shall have a true copy of the report of the test result mailed to him or her within thirty (30) days 14
59	59	following the taking of the test. 15
60	60	(4) The test was performed according to methods and with equipment approved by the 16
61	61	director of the department of health of the state of Rhode Island and by an authorized individual. 17
62	62	(5) Equipment used for the conduct of the tests by means of breath analysis had been tested 18
63	63	for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore 19
64	64	provided, and breathalyzer operators shall be qualified and certified by the department of health 20
65	65	within three hundred sixty-five (365) days of the test. 21
66	66	(6) The person arrested and charged with operating a motor vehicle while under the 22
67	67	influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of 23
68	68	title 21 or any combination of these in violation of subsection (a), was afforded the opportunity to 24
69	69	have an additional chemical test. The officer arresting or so charging the person shall have informed 25
70	70	the person of this right and afforded him or her a reasonable opportunity to exercise this right, and 26
71	71	a notation to this effect is made in the official records of the case in the police department. Refusal 27
72	72	to permit an additional chemical test shall render incompetent and inadmissible in evidence the 28
73	73	original report. 29
74	74	(d)(1)(i) Every person found to have violated subsection (b)(1) shall be sentenced as 30
75	75	follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one 31
76	76	percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood presence 32
77	77	of any scheduled controlled substance as defined in chapter 28 of title 21, shall be subject to a fine 33
78	78	of not less than one hundred dollars ($100), nor more than three hundred dollars ($300); shall be 34
79	79
80	80
81	81	LC001141 - Page 3 of 22
82	82	required to perform ten (10) to sixty (60) hours of public community restitution, and/or shall be 1
83	83	imprisoned for up to one year. The sentence may be served in any unit of the adult correctional 2
84	84	institutions in the discretion of the sentencing judge and/or shall be required to attend a special 3
85	85	course on driving while intoxicated or under the influence of a controlled substance; provided, 4
86	86	however, that the court may permit a servicemember or veteran to complete any court-approved 5
87	87	counseling program administered or approved by the Veterans’ Administration, and his or her 6
88	88	driver’s license shall be suspended for thirty (30) days up to one hundred eighty (180) days. The 7
89	89	sentencing judge or magistrate may shall prohibit that person from operating a motor vehicle, 8
90	90	pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition 9
91	91	interlock system and/or blood and urine testing as provided in § 31-27-2.8 for a period of six (6) 10
92	92	months. 11
93	93	(ii) Every person convicted of a first violation whose blood alcohol concentration is one-12
94	94	tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent 13
95	95	(.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less than 14
96	96	one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required to 15
97	97	perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for 16
98	98	up to one year. The sentence may be served in any unit of the adult correctional institutions in the 17
99	99	discretion of the sentencing judge. The person’s driving license shall be suspended for a period of 18
100	100	three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special 19
101	101	course on driving while intoxicated or under the influence of a controlled substance and/or 20
102	102	alcoholic or drug treatment for the individual; provided, however, that the court may permit a 21
103	103	servicemember or veteran to complete any court-approved counseling program administered or 22
104	104	approved by the Veterans’ Administration. The sentencing judge or magistrate may shall prohibit 23
105	105	that person from operating a motor vehicle that is not equipped with an ignition interlock system 24
106	106	as provided in § 31-27-2.8 and/or blood and urine testing, for a period of not less than six (6) months 25
107	107	and up to a period of twenty-four (24) months. 26
108	108	(iii) Every person convicted of a first offense whose blood alcohol concentration is fifteen 27
109	109	hundredths of one percent (.15%) or above, or who is under the influence of a drug, toluene, or any 28
110	110	controlled substance as defined in subsection (b)(1), shall be subject to a fine of five hundred dollars 29
111	111	($500) and shall be required to perform twenty (20) to sixty (60) hours of public community 30
112	112	restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit 31
113	113	of the adult correctional institutions in the discretion of the sentencing judge. The person’s driving 32
114	114	license shall be suspended for a period of three (3) months to eighteen (18) months. The sentencing 33
115	115	judge shall require attendance at a special course on driving while intoxicated or under the influence 34
116	116
117	117
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119	119	of a controlled substance and/or alcohol or drug treatment for the individual; provided, however, 1
120	120	that the court may permit a servicemember or veteran to complete any court-approved counseling 2
121	121	program administered or approved by the Veterans’ Administration. The sentencing judge or 3
122	122	magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) 4
123	123	or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and 5
124	124	urine testing as provided in § 31-27-2.8 for a period of not less than nine (9) months and up to a 6
125	125	period of twenty-four (24) months. 7
126	126	(2)(i) Every person convicted of a second violation within a ten-year (10) period with a 8
127	127	blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than 9
128	128	fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown, or 10
129	129	who has a blood presence of any controlled substance as defined in chapter 28 of title 21, and every 11
130	130	person convicted of a second violation within a ten-year (10) period, regardless of whether the prior 12
131	131	violation and subsequent conviction was a violation and subsequent conviction under this statute 13
132	132	or under the driving under the influence of liquor or drugs statute of any other state, shall be subject 14
133	133	to a mandatory fine of four hundred dollars ($400). The person’s driving license shall be suspended 15
134	134	for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten 16
135	135	(10) days, nor more than one year, in jail. The sentence may be served in any unit of the adult 17
136	136	correctional institutions in the discretion of the sentencing judge; however, not less than forty-eight 18
137	137	(48) hours of imprisonment shall be served consecutively. The sentencing judge shall require 19
138	138	alcohol or drug treatment for the individual; provided, however, that the court may permit a 20
139	139	servicemember or veteran to complete any court-approved counseling program administered or 21
140	140	approved by the Veterans’ Administration and shall prohibit that person from operating a motor 22
141	141	vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition 23
142	142	interlock system and/or blood and urine testing as provided in § 31-27-2.8 for a period of not less 24
143	143	than twelve (12) months and up to a period of twenty-four (24) months. 25
144	144	(ii) Every person convicted of a second violation within a ten-year (10) period whose blood 26
145	145	alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight as shown by 27
146	146	a chemical analysis of a blood, breath, or urine sample, or who is under the influence of a drug, 28
147	147	toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to mandatory 29
148	148	imprisonment of not less than six (6) months, nor more than one year; a mandatory fine of not less 30
149	149	than one thousand dollars ($1,000); and a mandatory license suspension for a period of two (2) 31
150	150	years from the date of completion of the sentence imposed under this subsection. The sentencing 32
151	151	judge shall require alcohol or drug treatment for the individual; provided, however, that the court 33
152	152	may permit a servicemember or veteran to complete any court approved counseling program 34
153	153
154	154
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156	156	administered or approved by the Veterans’ Administration. The sentencing judge or magistrate 1
157	157	shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) 2
158	158	of this section, that is not equipped with an ignition interlock system and/or blood and urine testing 3
159	159	as provided in § 31-27-2.8 for a period of not less than eighteen (18) months and up to a period of 4
160	160	twenty-four (24) months. 5
161	161	(3)(i) Every person convicted of a third or subsequent violation within a ten-year (10) 6
162	162	period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, 7
163	163	but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is 8
164	164	unknown or who has a blood presence of any scheduled controlled substance as defined in chapter 9
165	165	28 of title 21, regardless of whether any prior violation and subsequent conviction was a violation 10
166	166	and subsequent conviction under this statute or under the driving under the influence of liquor or 11
167	167	drugs statute of any other state, shall be guilty of a felony and be subject to a mandatory fine of 12
168	168	four hundred ($400) dollars. The person’s driving license shall be suspended for a period of two 13
169	169	(2) years to three (3) years, and the individual shall be sentenced to not less than one year and not 14
170	170	more than three (3) years in jail. The sentence may be served in any unit of the adult correctional 15
171	171	institutions in the discretion of the sentencing judge; however, not less than forty-eight (48) hours 16
172	172	of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug 17
173	173	treatment for the individual; provided, however, that the court may permit a servicemember or 18
174	174	veteran to complete any court-approved counseling program administered or approved by the 19
175	175	Veterans’ Administration, and shall prohibit that person from operating a motor vehicle, pursuant 20
176	176	to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system 21
177	177	and/or blood and urine testing as provided in § 31-27-2.8 for a period of not less than twelve (12) 22
178	178	months and up to a period of forty-eight (48) months. 23
179	179	(ii) Every person convicted of a third or subsequent violation within a ten-year (10) period 24
180	180	whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above by weight as 25
181	181	shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence of 26
182	182	a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to 27
183	183	mandatory imprisonment of not less than three (3) years, nor more than five (5) years; a mandatory 28
184	184	fine of not less than one thousand dollars ($1,000), nor more than five thousand dollars ($5,000); 29
185	185	and a mandatory license suspension for a period of three (3) years from the date of completion of 30
186	186	the sentence imposed under this subsection. The sentencing judge shall require alcohol or drug 31
187	187	treatment for the individual. The sentencing judge or magistrate shall prohibit that person from 32
188	188	operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not 33
189	189	equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-34
190	190
191	191
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193	193	2.8. for a period of not less than twenty-four (24) months and up to a period of forty-eight (48) 1
194	194	months. 2
195	195	(iii) In addition to the foregoing penalties, every person convicted of a third or subsequent 3
196	196	violation within a ten-year (10) period, regardless of whether any prior violation and subsequent 4
197	197	conviction was a violation and subsequent conviction under this statute or under the driving under 5
198	198	the influence of liquor or drugs statute of any other state, shall be subject, in the discretion of the 6
199	199	sentencing judge, to having the vehicle owned and operated by the violator seized and sold by the 7
200	200	state of Rhode Island, with all funds obtained by the sale to be transferred to the general fund. 8
201	201	(4) Whoever drives or otherwise operates any vehicle in the state while under the influence 9
202	202	of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of 10
203	203	title 21, or any combination of these, when his or her license to operate is suspended, revoked, or 11
204	204	cancelled for operating under the influence of a narcotic drug or intoxicating liquor, shall be guilty 12
205	205	of a felony punishable by imprisonment for not more than three (3) years and by a fine of not more 13
206	206	than three thousand dollars ($3,000). The court shall require alcohol and/or drug treatment for the 14
207	207	individual; provided, the penalties provided for in this subsection (d)(4) shall not apply to an 15
208	208	individual who has surrendered his or her license and served the court-ordered period of suspension, 16
209	209	but who, for any reason, has not had his or her license reinstated after the period of suspension, 17
210	210	revocation, or suspension has expired; provided, further, the individual shall be subject to the 18
211	211	provisions of subsection (d)(2)(i), (d)(2)(ii), (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) regarding subsequent 19
212	212	offenses, and any other applicable provision of this section. 20
213	213	(5)(i) For purposes of determining the period of license suspension, a prior violation shall 21
214	214	constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1. 22
215	215	(ii) Any person over the age of eighteen (18) who is convicted under this section for 23
216	216	operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of 24
217	217	these, while a child under the age of thirteen (13) years was present as a passenger in the motor 25
218	218	vehicle when the offense was committed shall be subject to immediate license suspension pending 26
219	219	prosecution. Any person convicted of violating this section shall be guilty of a misdemeanor for a 27
220	220	first offense and may be sentenced to a term of imprisonment of not more than one year and a fine 28
221	221	not to exceed one thousand dollars ($1,000). Any person convicted of a second or subsequent 29
222	222	offense shall be guilty of a felony offense and may be sentenced to a term of imprisonment of not 30
223	223	more than five (5) years and a fine not to exceed five thousand dollars ($5,000). The sentencing 31
224	224	judge shall also order a license suspension of up to two (2) years, require attendance at a special 32
225	225	course on driving while intoxicated or under the influence of a controlled substance, and alcohol 33
226	226	or drug education and/or treatment. The individual may also be required to pay a highway 34
227	227
228	228
229	229	LC001141 - Page 7 of 22
230	230	assessment fee of no more than five hundred dollars ($500) and the assessment shall be deposited 1
231	231	in the general fund. 2
232	232	(6)(i) Any person convicted of a violation under this section shall pay a highway 3
233	233	assessment fine of five hundred dollars ($500) that shall be deposited into the general fund. The 4
234	234	assessment provided for by this subsection shall be collected from a violator before any other fines 5
235	235	authorized by this section. 6
236	236	(ii) Any person convicted of a violation under this section shall be assessed a fee of eighty-7
237	237	six dollars ($86). 8
238	238	(7)(i) If the person convicted of violating this section is under the age of eighteen (18) 9
239	239	years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of 10
240	240	public community restitution and the juvenile’s driving license shall be suspended for a period of 11
241	241	six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing 12
242	242	judge or magistrate shall prohibit the person from operating a motor vehicle that is not equipped 13
243	243	with an ignition interlock system and/or blood and urine testing as provided in § 31-27-2.8 for a 14
244	244	period of twelve (12) months. The sentencing judge shall also require attendance at a special course 15
245	245	on driving while intoxicated or under the influence of a controlled substance and alcohol or drug 16
246	246	education and/or treatment for the juvenile. The juvenile may also be required to pay a highway 17
247	247	assessment fine of no more than five hundred dollars ($500) and the assessment imposed shall be 18
248	248	deposited into the general fund. 19
249	249	(ii) If the person convicted of violating this section is under the age of eighteen (18) years, 20
250	250	for a second or subsequent violation regardless of whether any prior violation and subsequent 21
251	251	conviction was a violation and subsequent conviction under this statute or under the driving under 22
252	252	the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory 23
253	253	suspension of his or her driving license until such time as he or she is twenty-one (21) years of age 24
254	254	and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training 25
255	255	school for a period of not more than one year and/or a fine of not more than five hundred dollars 26
256	256	($500). The sentencing judge or magistrate shall prohibit the person from operating a motor vehicle 27
257	257	that is not equipped with an ignition interlock system and/or blood and urine testing as provided in 28
258	258	§ 31-27-2.8 for a period of twenty-four (24) months). 29
259	259	(8) Any person convicted of a violation under this section may undergo a clinical 30
260	260	assessment at the community college of Rhode Island’s center for workforce and community 31
261	261	education. Should this clinical assessment determine problems of alcohol, drug abuse, or 32
262	262	psychological problems associated with alcoholic or drug abuse, this person shall be referred to an 33
263	263	appropriate facility, licensed or approved by the department of behavioral healthcare, 34
264	264
265	265
266	266	LC001141 - Page 8 of 22
267	267	developmental disabilities and hospitals, for treatment placement, case management, and 1
268	268	monitoring. In the case of a servicemember or veteran, the court may order that the person be 2
269	269	evaluated through the Veterans’ Administration. Should the clinical assessment determine 3
270	270	problems of alcohol, drug abuse, or psychological problems associated with alcohol or drug abuse, 4
271	271	the person may have their treatment, case management, and monitoring administered or approved 5
272	272	by the Veterans’ Administration. 6
273	273	(9) Notwithstanding any other sentencing and disposition provisions contained in this 7
274	274	chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was 8
275	275	operating a vehicle in the state while under the influence of drugs, toluene, or any controlled 9
276	276	substance as evidenced by the presence of controlled substances on or about the person or vehicle, 10
277	277	or other reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a 11
278	278	preliminary breath test, results from a breathalyzer that indicates no blood alcohol concentration, 12
279	279	or both, the judge or magistrate may exercise his or her discretion and eliminate the requirement of 13
280	280	an ignition interlock system; provided, that blood and/or urine testing is mandated as a condition 14
281	281	to operating a motor vehicle as provided in § 31-27-2.8. , for a period of not less than six (6) months 15
282	282	and up to a period of twenty-four (24) months. 16
283	283	(10) Notwithstanding any other sentencing and disposition provisions contained in this 17
284	284	chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was 18
285	285	operating a vehicle in the state while under the influence of drugs, toluene, or any controlled 19
286	286	substance as evidenced by the presence of controlled substances on or about the person or vehicle, 20
287	287	or other reliable indicia or articulable conditions thereof and intoxicating liquor based on a 21
288	288	preliminary breath test, results from a breathalyzer that indicates blood alcohol concentration, or 22
289	289	both, the judge or magistrate may require an ignition interlock system in addition to blood and/or 23
290	290	urine testing as a condition to operating a motor vehicle as provided in § 31-27-2.8. The ignition 24
291	291	interlock system and blood and/or urine testing requirements shall be for a period of time as 25
292	292	mandated in subsections (d)(1)(i), (d)(1)(ii), (d)(1)(iii), (d)(2)(i), (d)(2)(ii), (d)(3)(i) and (d)(3)(iii) 26
293	293	of this section. 27
294	294	(e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per 28
295	295	one hundred cubic centimeters (100 cc) of blood. 29
296	296	(f)(1) There is established an alcohol and drug safety unit within the division of motor 30
297	297	vehicles to administer an alcohol safety action program. The program shall provide for placement 31
298	298	and follow-up for persons who are required to pay the highway safety assessment. The alcohol and 32
299	299	drug safety action program will be administered in conjunction with alcohol and drug programs 33
300	300	licensed by the department of behavioral healthcare, developmental disabilities and hospitals. 34
301	301
302	302
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304	304	(2) Persons convicted under the provisions of this chapter shall be required to attend a 1
305	305	special course on driving while intoxicated or under the influence of a controlled substance, and/or 2
306	306	participate in an alcohol or drug treatment program, which course and programs must meet the 3
307	307	standards established by the Rhode Island department of behavioral healthcare, developmental 4
308	308	disabilities and hospitals; provided, however, that the court may permit a servicemember or veteran 5
309	309	to complete any court-approved counseling program administered or approved by the Veterans’ 6
310	310	Administration. The course shall take into consideration any language barrier that may exist as to 7
311	311	any person ordered to attend, and shall provide for instruction reasonably calculated to 8
312	312	communicate the purposes of the course in accordance with the requirements of the subsection. 9
313	313	Any costs reasonably incurred in connection with the provision of this accommodation shall be 10
314	314	borne by the person being retrained. A copy of any violation under this section shall be forwarded 11
315	315	by the court to the alcohol and drug safety unit. In the event that persons convicted under the 12
316	316	provisions of this chapter fail to attend and complete the above course or treatment program, as 13
317	317	ordered by the judge, then the person may be brought before the court, and after a hearing as to 14
318	318	why the order of the court was not followed, may be sentenced to jail for a period not exceeding 15
319	319	one year. 16
320	320	(3) The alcohol and drug safety action program within the division of motor vehicles shall 17
321	321	be funded by general revenue appropriations. 18
322	322	(g) The director of the department of health is empowered to make and file with the 19
323	323	secretary of state regulations that prescribe the techniques and methods of chemical analysis of the 20
324	324	person’s body fluids or breath and the qualifications and certification of individuals authorized to 21
325	325	administer this testing and analysis. 22
326	326	(h) Jurisdiction for misdemeanor violations of this section shall be with the district court 23
327	327	for persons eighteen (18) years of age or older and to the family court for persons under the age of 24
328	328	eighteen (18) years. The courts shall have full authority to impose any sentence authorized and to 25
329	329	order the suspension of any license for violations of this section. Trials in superior court are not 26
330	330	required to be scheduled within thirty (30) days of the arraignment date. 27
331	331	(i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on 28
332	332	driving while intoxicated or under the influence of a controlled substance, public community 29
333	333	restitution, or jail provided for under this section can be suspended. 30
334	334	(j) An order to attend a special course on driving while intoxicated, that shall be 31
335	335	administered in cooperation with a college or university accredited by the state, shall include a 32
336	336	provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars 33
337	337	($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into 34
338	338
339	339
340	340	LC001141 - Page 10 of 22
341	341	the general fund. 1
342	342	(k) For the purposes of this section, any test of a sample of blood, breath, or urine for the 2
343	343	presence of alcohol that relies in whole or in part upon the principle of infrared light absorption is 3
344	344	considered a chemical test. 4
345	345	(l) If any provision of this section, or the application of any provision, shall for any reason 5
346	346	be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the 6
347	347	section, but shall be confined in this effect to the provision or application directly involved in the 7
348	348	controversy giving rise to the judgment. 8
349	349	(m) For the purposes of this section, “servicemember” means a person who is presently 9
350	350	serving in the armed forces of the United States, including the Coast Guard, a reserve component 10
351	351	thereof, or the National Guard. “Veteran” means a person who has served in the armed forces, 11
352	352	including the Coast Guard of the United States, a reserve component thereof, or the National Guard, 12
353	353	and has been discharged under other than dishonorable conditions. 13
354	354	(n) In addition to any other fines and highway assessments, any person found in violation 14
355	355	of this section shall pay a one hundred-dollar ($100) assessment to the ignition interlock system 15
356	356	fund established in § 31-27-2.10. 16
357	357	31-27-2.1. Refusal to submit to chemical test. [Effective July 1, 2025.] 17
358	358	(a) Any person who operates a motor vehicle within this state shall be deemed to have 18
359	359	given his or her consent to chemical tests of his or her breath, blood, saliva and/or urine for the 19
360	360	purpose of determining the chemical content of his or her body fluids or breath. No more than two 20
361	361	(2) complete tests, one for the presence of intoxicating liquor and one for the presence of toluene 21
362	362	or any controlled substance, as defined in § 21-28-1.02, shall be administered at the direction of a 22
363	363	law enforcement officer having reasonable grounds to believe the person to have been driving a 23
364	364	motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any 24
365	365	controlled substance, as defined in chapter 28 of title 21, or any combination of these. The director 25
366	366	of the department of health is empowered to make and file, with the secretary of state, regulations 26
367	367	that prescribe the techniques and methods of chemical analysis of the person’s body fluids or breath 27
368	368	and the qualifications and certification of individuals authorized to administer the testing and 28
369	369	analysis. 29
370	370	(b) If a person, for religious or medical reasons, cannot be subjected to blood tests, the 30
371	371	person may file an affidavit with the division of motor vehicles stating the reasons why he or she 31
372	372	cannot be required to take blood tests and a notation to this effect shall be made on his or her 32
373	373	license. If that person is asked to submit to chemical tests as provided under this chapter, the person 33
374	374	shall only be required to submit to chemical tests of his or her breath, saliva or urine. When a person 34
375	375
376	376
377	377	LC001141 - Page 11 of 22
378	378	is requested to submit to blood tests, only a physician or registered nurse, or a medical technician 1
379	379	certified under regulations promulgated by the director of the department of health, may withdraw 2
380	380	blood for the purpose of determining the alcoholic content in it. This limitation shall not apply to 3
381	381	the taking of breath, saliva or urine specimens. The person tested shall be permitted to have a 4
382	382	physician of his or her own choosing, and at his or her own expense, administer chemical tests of 5
383	383	his or her breath, blood, saliva and/or urine in addition to the tests administered at the direction of 6
384	384	a law enforcement officer. If a person, having been placed under arrest, refuses upon the request of 7
385	385	a law enforcement officer to submit to the tests, as provided in § 31-27-2, none shall be given. 8
386	386	(1) At the initial traffic tribunal appearance, the magistrate shall review the incident, action, 9
387	387	and/or arrest reports submitted by the law enforcement officer to determine if there exists 10
388	388	reasonable grounds to believe that the person had been driving a motor vehicle while under the 11
389	389	influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of 12
390	390	title 21, or any combination thereof. The magistrate shall also determine if the person had been 13
391	391	informed of the penalties incurred as a result of failing to submit to a chemical test as provided in 14
392	392	this section and that the person had been informed of the implied consent notice contained in 15
393	393	subsection (c)(10) of this section. For the purpose of this subsection only, “driving a motor vehicle 16
394	394	while under the influence of any controlled substance as defined in chapter 28 of title 21” shall be 17
395	395	indicated by the presence or aroma of a controlled substance on or about the person or vehicle of 18
396	396	the individual refusing the chemical test or other reliable indicia or articulable conditions that the 19
397	397	person was impaired due to their intake of a controlled substance. 20
398	398	(2) If the magistrate determines that subsection (b)(1) of this section has been satisfied they 21
399	399	shall promptly order that the person’s operator’s license or privilege to operate a motor vehicle in 22
400	400	this state be immediately suspended. Said suspension shall be subject to the hardship provisions 23
401	401	enumerated in § 31-27-2.8. 24
402	402	(c) A traffic tribunal judge or magistrate, or a district court judge or magistrate, pursuant 25
403	403	to the terms of subsection (d) of this section, shall order as follows: 26
404	404	(1) Impose, for the first violation, a fine in the amount of two hundred dollars ($200) to 27
405	405	five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of 28
406	406	public community restitution. The person’s driving license in this state shall be suspended for a 29
407	407	period of six (6) months to one year. The traffic tribunal judge or magistrate shall require attendance 30
408	408	at a special course on driving while intoxicated or under the influence of a controlled substance 31
409	409	and/or alcohol or drug treatment for the individual. Following the initial suspension of the person’s 32
410	410	operator’s license, the The traffic tribunal judge or magistrate may shall prohibit that person from 33
411	411	operating a motor vehicle that is not equipped with an ignition interlock system and/or blood and 34
412	412
413	413
414	414	LC001141 - Page 12 of 22
415	415	urine testing as provided in § 31-27-2.88 for a period of not less than six (6) months and for up to 1
416	416	a period of twelve (12) months. 2
417	417	(2) Every person convicted of a second violation within a ten-year (10) period, except with 3
418	418	respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; shall be 4
419	419	imprisoned for not more than six (6) months; shall pay a fine in the amount of six hundred dollars 5
420	420	($600) to one thousand dollars ($1,000); perform sixty (60) to one hundred (100) hours of public 6
421	421	community restitution; and the person’s driving license in this state shall be suspended for a period 7
422	422	of one year to two (2) years. The judge or magistrate shall require alcohol and/or drug treatment 8
423	423	for the individual. Following the initial suspension of the person’s operator’s license, the The 9
424	424	sentencing judge or magistrate shall prohibit that person from operating a motor vehicle that is not 10
425	425	equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-11
426	426	2.8 for a period of not less than twelve (12) months and for up to a period of forty-eight (48) months. 12
427	427	(3) Every person convicted for a third or subsequent violation within a ten-year (10) period, 13
428	428	except with respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; 14
429	429	and shall be imprisoned for not more than one year; fined eight hundred dollars ($800) to one 15
430	430	thousand dollars ($1,000); shall perform not less than one hundred (100) hours of public community 16
431	431	restitution; and the person’s operator’s license in this state shall be suspended for a period of two 17
432	432	(2) years to five (5) years. Following the initial suspension of the person’s operator’s license, the 18
433	433	The sentencing judge or magistrate shall prohibit that person from operating a motor vehicle that 19
434	434	is not equipped with an ignition interlock system and/or blood and urine testing as provided in § 20
435	435	31-27-2.8 for a period of not less than twenty-four (24) months and for up to a period of one hundred 21
436	436	twenty (120) months. The judge or magistrate shall require alcohol or drug treatment for the 22
437	437	individual. Provided, that prior to the reinstatement of a license to a person charged with a third or 23
438	438	subsequent violation within a three-year (3) period, a hearing shall be held before a judge or 24
439	439	magistrate. At the hearing, the judge or magistrate shall review the person’s driving record, his or 25
440	440	her employment history, family background, and any other pertinent factors that would indicate 26
441	441	that the person has demonstrated behavior that warrants the reinstatement of his or her license. 27
442	442	(4) For a second violation within a ten-year (10) period with respect to a case of a refusal 28
443	443	to submit to a blood test, a fine in the amount of six hundred dollars ($600) to one thousand dollars 29
444	444	($1,000); the person shall perform sixty (60) to one hundred (100) hours of public community 30
445	445	restitution; and the person’s driving license in this state shall be suspended for a period of two (2) 31
446	446	years. The judicial officer shall require alcohol and/or drug treatment for the individual. Following 32
447	447	the initial suspension of the person’s operator’s license, the The sentencing judicial officer shall 33
448	448	prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock 34
449	449
450	450
451	451	LC001141 - Page 13 of 22
452	452	system as provided in § 31-27-2.8 for a period of not less than twelve (12) months and for up to a 1
453	453	period of twenty-four (24) months. Such a violation with respect to refusal to submit to a chemical 2
454	454	blood test shall be a civil offense. 3
455	455	(5) For a third or subsequent violation within a ten-year (10) period with respect to a case 4
456	456	of a refusal to submit to a blood test, a fine in the amount of eight hundred dollars ($800) to one 5
457	457	thousand dollars ($1,000); the person shall perform not less than one hundred (100) hours of public 6
458	458	community restitution; and the person’s driving license in this state shall be suspended for a period 7
459	459	of two (2) to five (5) years. Following the initial suspension of the person’s operator’s license, the 8
460	460	The sentencing judicial officer shall prohibit that person from operating a motor vehicle that is not 9
461	461	equipped with an ignition interlock system as provided in § 31-27-2.8 for a period of forty-eight 10
462	462	(48) months. The judicial officer shall require alcohol and/or drug treatment for the individual. 11
463	463	Such a violation with respect to refusal to submit to a chemical test of blood shall be a civil offense. 12
464	464	Provided, that prior to the reinstatement of a license to a person charged with a third or subsequent 13
465	465	violation within a three-year (3) period, a hearing shall be held before a judicial officer. At the 14
466	466	hearing, the judicial officer shall review the person’s driving record, his or her employment history, 15
467	467	family background, and any other pertinent factors that would indicate that the person has 16
468	468	demonstrated behavior that warrants the reinstatement of their license. 17
469	469	(6) For purposes of determining the period of license suspension, a prior violation shall 18
470	470	constitute any charge brought and sustained under the provisions of this section or § 31-27-2. 19
471	471	(7) In addition to any other fines, a highway safety assessment of five hundred dollars 20
472	472	($500) shall be paid by any person found in violation of this section, the assessment to be deposited 21
473	473	into the general fund. The assessment provided for by this subsection shall be collected from a 22
474	474	violator before any other fines authorized by this section. 23
475	475	(8) In addition to any other fines and highway safety assessments, a two-hundred-dollar 24
476	476	($200) assessment shall be paid by any person found in violation of this section to support the 25
477	477	department of health’s chemical testing programs outlined in §§ 31-27-2(f) and 31-27-2(g), that 26
478	478	shall be deposited as general revenues, not restricted receipts. 27
479	479	(9) No fines, suspensions, assessments, alcohol or drug treatment programs, course on 28
480	480	driving while intoxicated or under the influence of a controlled substance, or public community 29
481	481	restitution provided for under this section can be suspended. 30
482	482	(10) Implied consent notice for persons eighteen (18) years of age or older: “Rhode Island 31
483	483	law requires you to submit to a chemical test of your blood, breath, saliva, or urine for the purpose 32
484	484	of determining the chemical content of your body fluids or breath. If you refuse this testing, certain 33
485	485	penalties can be imposed and include the following: for a first offense, your Rhode Island driver’s 34
486	486
487	487
488	488	LC001141 - Page 14 of 22
489	489	license or privilege to operate a motor vehicle in this state can be suspended for six (6) months to 1
490	490	one year or modified to permit operation in connection with an ignition interlock device and/or 2
491	491	blood and urine testing for a period specified by law; a fine from two hundred dollars ($200) to five 3
492	492	hundred dollars ($500) can be imposed; and you can be ordered to perform ten (10) to sixty (60) 4
493	493	hours of community service and attend a special course on driving while intoxicated or under the 5
494	494	influence of a controlled substance and/or alcohol or drug treatment. You shall also pay a one 6
495	495	hundred-dollar ($100) assessment to the ignition interlock fund. If you have had one or more 7
496	496	previous offenses within the past ten (10) years, your refusal to submit to a chemical test of breath 8
497	497	or urine at this time can have criminal penalties, including incarceration up to six (6) months for a 9
498	498	second offense and up to one year for a third or subsequent offense, and can carry increased license 10
499	499	suspension or and a mandatory ignition interlock and/or blood and urine testing periods, fines, and 11
500	500	community service. All violators shall pay a five hundred dollar ($500) highway safety assessment 12
501	501	fee, a two hundred dollar ($200) department of health chemical testing programs assessment fee, 13
502	502	and a license reinstatement fee. Refusal to submit to a chemical test of blood shall not subject you 14
503	503	to criminal penalties for the refusal itself, but if you have one or more previous offenses other civil 15
504	504	penalties may increase. You have the right to be examined at your own expense by a physician 16
505	505	selected by you. If you submit to a chemical test at this time, you have the right to have an additional 17
506	506	chemical test performed at your own expense. You will be afforded a reasonable opportunity to 18
507	507	exercise these rights. Access to a telephone will be made available for you to make those 19
508	508	arrangements. You may now use a telephone.” 20
509	509	Use of this implied consent notice shall serve as evidence that a person’s consent to a 21
510	510	chemical test is valid in a prosecution involving driving under the influence of liquor, controlled 22
511	511	substances, and/or drugs. 23
512	512	(11) In addition to any other fines and highway assessments, any person found in violation 24
513	513	of this section shall pay a one hundred-dollar ($100) assessment to the ignition interlock system 25
514	514	fund established in § 31-27-2.10. 26
515	515	(d) Upon suspending or refusing to issue a license or permit as provided in subsection (a), 27
516	516	the traffic tribunal or district court shall immediately notify the person involved in writing, and 28
517	517	upon his or her request, within fifteen (15) days, afford the person an opportunity for a hearing as 29
518	518	early as practical upon receipt of a request in writing. Upon a hearing, the judge may administer 30
519	519	oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books 31
520	520	and papers. If the judge finds after the hearing that: 32
521	521	(1) The law enforcement officer making the sworn report had reasonable grounds to believe 33
522	522	that the arrested person had been driving a motor vehicle within this state while under the influence 34
523	523
524	524
525	525	LC001141 - Page 15 of 22
526	526	of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or 1
527	527	any combination of these; 2
528	528	(2) The person, while under arrest, refused to submit to the tests upon the request of a law 3
529	529	enforcement officer; 4
530	530	(3) The person had been informed of his or her rights in accordance with § 31-27-3; and 5
531	531	(4) The person had been informed of the penalties contained in the implied consent notice 6
532	532	set forth in subsection (c)(10) of this section, the judge shall sustain the violation. The judge shall 7
533	533	then impose the penalties set forth in subsection (c) of this section. Action by the judge must be 8
534	534	taken within seven (7) days after the hearing or it shall be presumed that the judge has refused to 9
535	535	issue his or her order of suspension. 10
536	536	(e) For the purposes of this section, any test of a sample of blood, breath, or urine for the 11
537	537	presence of alcohol that relies, in whole or in part, upon the principle of infrared light absorption is 12
538	538	considered a chemical test. 13
539	539	(f) If any provision of this section, or the application of any provision, shall, for any reason, 14
540	540	be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the section, 15
541	541	but shall be confined in this effect to the provisions or application directly involved in the 16
542	542	controversy giving rise to the judgment. 17
543	543	31-27-2.8. Ignition interlock system and/or blood and urine testing imposed as a part 18
544	544	of sentence — Requirements. 19
545	545	(a) Any person subject to suspension pursuant to §§ 31-27-2.1(b)(1) and 31-27-2.1(b)(2) 20
546	546	or convicted under the provisions of § 31-27-2(d)(1), § 31-27-2(d)(2), § 31-27-2(d)(3)(i), or § 31-21
547	547	27-2(d)(3)(ii), or whose violation is sustained under the provisions of §§ 31-27-2.1(b)(1) and 31- 22
548	548	27-2.1(b)(2), may shall be prohibited by the sentencing judge or magistrate from operating a motor 23
549	549	vehicle that is not equipped with an ignition interlock system as provided by law, and/or blood and 24
550	550	urine testing by a licensed physician with knowledge and clinical experience in the diagnosis and 25
551	551	treatment of drug-related disorders, a licensed or certified psychologist, social worker, or EAP 26
552	552	professional with like knowledge, or a substance abuse counselor certified by the National 27
553	553	Association of Alcohol and Drug Abuse Counselors (all of whom shall be licensed in Rhode 28
554	554	Island), pursuant to this section. 29
555	555	(1) Notwithstanding any other sentencing and disposition provisions contained in this 30
556	556	chapter, if a Rhode Island traffic tribunal magistrate makes a finding that a motorist was operating 31
557	557	a vehicle in the state while under the influence of drugs, toluene, or any controlled substance as 32
558	558	evidenced by the presence of controlled substances on or about the person or vehicle, or other 33
559	559	reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a preliminary 34
560	560
561	561
562	562	LC001141 - Page 16 of 22
563	563	breath test, results from a breathalyzer that indicates no blood alcohol concentration or both, the 1
564	564	magistrate may exercise his or her discretion and eliminate the requirement of an ignition interlock 2
565	565	system; provided, that blood and/or urine testing is mandated as a condition to operating a motor 3
566	566	vehicle as provided in this section and as provided in §§ 31-27-2 and 31-27-2.1. 4
567	567	(2) Notwithstanding any other sentencing and disposition provisions contained in this 5
568	568	chapter, if a Rhode Island traffic tribunal magistrate makes a finding that a motorist was operating 6
569	569	a vehicle in the state while under the influence of drugs, toluene, or any controlled substance as 7
570	570	evidenced by the presence of controlled substances on or about the person or vehicle, or other 8
571	571	reliable indicia or articulable conditions thereof and intoxicating liquor based on a preliminary 9
572	572	breath test, results from a breathalyzer that indicates blood alcohol concentration or both, the 10
573	573	magistrate may require an ignition interlock system in addition to blood and/or urine testing as a 11
574	574	condition to operating a motor vehicle as provided in this section and as provided in §§ 31-27-2 12
575	575	and 31-27-2.1. 13
576	576	(b) Notwithstanding any other provisions contained in this chapter, any mandatory period 14
577	577	of license suspension shall, upon request, be reduced by the imposition of an ignition interlock 15
578	578	system and/or blood and urine testing ordered by the court or traffic tribunal as follows: 16
579	579	(1) For a violation of § 31-27-2(d)(1), a person shall be subject to a minimum thirty-day 17
580	580	(30) license suspension and an imposition of an ignition interlock system and/or blood and urine 18
581	581	testing for three (3) months to one year for the period provided in § 31-27-2(d)(1). 19
582	582	(2) For a violation of § 31-27-2.1(c)(1), a person shall be subject to a minimum thirty-day 20
583	583	(30) license suspension and an imposition of an ignition interlock system and/or blood and urine 21
584	584	testing for the period of six (6) months to two (2) years for the period provided in § 31-27-2.1(c)(1). 22
585	585	(3) For a violation of § 31-27-2(d)(2), a person shall be subject to a minimum forty-five-23
586	586	day (45) license suspension and an imposition of an ignition interlock system and/or blood and 24
587	587	urine testing for a period of six (6) months to two (2) years for the period provided in § 31-27-25
588	588	2(d)(2). 26
589	589	(4) For a violation of § 31-27-2.1(c)(2), a person shall be subject to a minimum sixty-day 27
590	590	(60) license suspension and an imposition of an ignition interlock system and/or blood and urine 28
591	591	testing for a period of one to four (4) years for the period provided in § 31-27-2.1(c)(2). 29
592	592	(5) For a violation of § 31-27-2(d)(3), a person shall be subject to a minimum sixty-day 30
593	593	(60) license suspension and imposition of an ignition interlock system and/or blood and urine 31
594	594	testing for a period of one to four (4) years for the period provided in § 31-27-2(d)(3). 32
595	595	(6) For a violation of § 31-27-2.1(c)(3), a person shall be subject to a minimum ninety-day 33
596	596	(90) license suspension and imposition of an ignition interlock system and/or blood and urine 34
597	597
598	598
599	599	LC001141 - Page 17 of 22
600	600	testing for a period of two (2) to ten (10) years for the period provided in § 31-27-2.1(c)(3). 1
601	601	(7) No license suspension shall be subject to more than a thirty-day (30) license suspension 2
602	602	based solely upon the imposition of an ignition interlock system. 3
603	603	(i) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or upon 4
604	604	an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or determination 5
605	605	that the motorist was under the influence of intoxicating liquor only, the magistrate shall, upon 6
606	606	request, immediately grant a conditional hardship license after a finding of need pursuant to this 7
607	607	section and upon proof of the installation of an ignition interlock device. 8
608	608	(ii) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or 9
609	609	upon an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or 10
610	610	determination that the motorist was under the influence of drugs, toluene, or a controlled substance, 11
611	611	but not intoxicating liquor, the judge or magistrate shall, upon request immediately grant a 12
612	612	conditional hardship license after a finding of need pursuant to this section and upon proof of blood 13
613	613	and urine testing pursuant to this section. 14
614	614	(iii) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or 15
615	615	upon an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or 16
616	616	determination that the motorist was under the influence of intoxicating liquor, toluene, a controlled 17
617	617	substance, or any combination thereof, the magistrate shall, upon request immediately grant a 18
618	618	conditional hardship license after a finding of need pursuant to this section and upon proof of the 19
619	619	installation of an ignition interlock device, subject also to the following testing: 20
620	620	(A) The testing of either blood or urine is being performed by or monitored by a licensed 21
621	621	physician with knowledge and clinical experience in the diagnosis and treatment of drug-related 22
622	622	disorders, a licensed or certified psychologist, social worker, or EAP professional with like 23
623	623	knowledge, or a substance abuse counselor certified by the National Association of Alcohol and 24
624	624	Drug Abuse Counselors (all of whom shall be licensed in Rhode Island). 25
625	625	(B) The motorist is required to pay for the substance abuse professional, any testing, 26
626	626	retesting, monitoring, and reporting costs of the blood and urine testing. 27
627	627	(C) Samples are to be collected, tested and confirmed by a federally certified laboratory by 28
628	628	means of gas chromatography/mass spectrometry or technology recognized as being at least as 29
629	629	scientifically accurate. 30
630	630	(D) Samples are to be taken weekly for the first sixty (60) days, thereafter in accordance 31
631	631	with the recommendation of the substance abuse professional. The samples taken thereafter may 32
632	632	be ordered randomly, but must be provided by the motorist within twenty-four (24) hours of the 33
633	633	request. The substance abuse professional shall report to the department of the attorney general 34
634	634
635	635
636	636	LC001141 - Page 18 of 22
637	637	within twenty-four (24) hours any failure by the motorist to comply with a request for a sample. 1
638	638	(E) A positive test of urine or blood that evidences any controlled substances shall be 2
639	639	reported by the substance abuse professional to the motorist and to the department of the attorney 3
640	640	general within twenty-four (24) hours of receipt of the results. The motorist may, at his or her own 4
641	641	expense, have an opportunity to have the sample retested or reevaluated by an independent testing 5
642	642	facility which shall provide the result directly to the substance abuse professional. The attorney 6
643	643	general may request, at any time, a copy of any or all test results from the substance abuse 7
644	644	professional, who shall forward the requested results within forty-eight (48) hours. 8
645	645	(F) Upon completion of the license suspension, conditional hardship, ignition interlock and 9
646	646	substance abuse testing periods, a finalized report shall be presented to the department of motor 10
647	647	vehicles prior to any license reinstatement. The motorist’s license shall not be fully reinstated unless 11
648	648	the motorist has successfully completed the prescribed ignition interlock and/or blood and urine 12
649	649	testing period to which the motorist was sentenced. 13
650	650	(G) If a judge or magistrate determines that a motorist either failed, without good cause, to 14
651	651	comply with a sample request or tested positive for any controlled substance, he or she may exercise 15
652	652	his or her discretion and revoke the conditional hardship license, extend the time period for the 16
653	653	ignition interlock system and/or substance abuse testing for an additional period of up to twelve 17
654	654	(12) months and/or impose an additional loss of license for up to twenty-four (24) months. 18
655	655	(H) A motorist who has failed, without good cause, to comply with a sample request or 19
656	656	tested positive for any controlled substance for a second time within twelve (12) months of the first 20
657	657	failure and/or positive test determination shall be guilty of a misdemeanor punishable by up to one 21
658	658	year imprisonment, or a fine of up to one thousand dollars ($1,000), or both. 22
659	659	(c) However, in any case where a motorist is convicted of an alcohol-related offense 23
660	660	pursuant to the provisions of this chapter, the judge or magistrate may exercise his or her discretion 24
661	661	in the granting of the hardship license by imposing up to a ninety (90) day loss of license prior to 25
662	662	any imposition of the hardship license. The hardship license shall be valid for twelve (12) 26
663	663	continuous hours per day for any valid reason approved in advance by the sentencing judge or 27
664	664	magistrate, which shall include employment, medical appointments, job training, schooling, or 28
665	665	religious purposes. The hardship license shall not be for less than twelve (12) continuous hours per 29
666	666	day. A hardship license shall only be granted in conjunction with the installation of an ignition 30
667	667	interlock device and/or blood and urine testing. Any conditional driving privileges must be set by 31
668	668	the sentencing judge or magistrate after a hearing in which the motorist must provide proof of 32
669	669	employment status and hours of employment, or any other legitimate reasons justifying a hardship 33
670	670	license. These shall include, but not be limited to, any unemployment training, schooling, medical 34
671	671
672	672
673	673	LC001141 - Page 19 of 22
674	674	appointments, therapy treatments, or any other valid requests set forth by sworn affidavit. Once 1
675	675	said hardship period has concluded, the motorist must still be subject to the conditions of the 2
676	676	ignition interlock system and/or blood and urine testing as set forth under this section for the period 3
677	677	of time as directed by the court. Any individual who violates the requirements of this subsection 4
678	678	shall be subject to the penalties enumerated in § 31-11-18.1. 5
679	679	(d) Any person convicted of an offense of driving under the influence of liquor or drugs 6
680	680	resulting in death, § 31-27-2.2; driving under the influence of liquor or drugs resulting in serious 7
681	681	bodily injury, § 31-27-2.6; driving to endanger resulting in death, § 31-27-1; or driving to endanger 8
682	682	resulting in serious bodily injury, § 31-27-1.1; may, in addition to any other penalties provided by 9
683	683	law, be prohibited from operating a motor vehicle that is not equipped with an approved ignition 10
684	684	interlock system and/or blood and urine testing for one to five (5) years. 11
685	685	(e) Any person who operates a motor vehicle with a suspended license during the period 12
686	686	of suspension, and the reason for the suspension was due to a conviction of driving under the 13
687	687	influence of drugs or alcohol or a sustained violation or conviction of refusal to submit to a chemical 14
688	688	test, shall be subject to the further use of the ignition interlock system and/or blood and urine testing 15
689	689	for a period of six (6) months subsequent to the penalties enumerated in § 31-11-18.1. 16
690	690	(f) When the court orders the use of an ignition interlock system, the judge or magistrate 17
691	691	shall cause an appropriate notation to be made on the person’s record that clearly sets forth the 18
692	692	requirement for, and the period of the use of, the ignition interlock system. 19
693	693	(g) In addition to the requirements of subsection (f) of this section, the court or traffic 20
694	694	tribunal shall: 21
695	695	(1) Require proof of the installation of the ignition interlock system and periodic reporting 22
696	696	by the person for the purpose of verification of the proper operation of the ignition interlock system; 23
697	697	(2) Require the person to have the ignition interlock system monitored for the proper use 24
698	698	and accuracy by a person, firm, corporation, or other association to be approved by the division of 25
699	699	motor vehicles at least once every six (6) months, or more frequently as the circumstances may 26
700	700	require; and 27
701	701	(3) Require the person to pay the reasonable cost of leasing or buying, monitoring, and 28
702	702	maintenance of the ignition interlock system. 29
703	703	(4) The requirements under subsection (g) of this section shall be the responsibility of the 30
704	704	probation department or justice assistance, if the individual is under their control, or the division of 31
705	705	motor vehicles if the individual is not monitored as a condition of the individual’s plea or finding 32
706	706	of guilt. 33
707	707	(h) Any person granted a conditional hardship license upon proof of installation of an 34
708	708
709	709
710	710	LC001141 - Page 20 of 22
711	711	ignition interlock device, may operate that motor vehicle during the entire twelve-hour (12) period 1
712	712	of operation granted by the sentencing judge or magistrate including during the scope of the 2
713	713	person’s employment and/or any other valid reason approved by the sentencing judge or magistrate. 3
714	714	(i) If a person is required, in the course of the person’s employment, to operate a motor 4
715	715	vehicle owned or provided by the person’s employer, the person may operate that motor vehicle in 5
716	716	the course of the person’s employment without installation of an ignition interlock system if the 6
717	717	court makes specific findings expressly permitting the person to operate, in the course of the 7
718	718	person’s employment, a motor vehicle that is not equipped with an ignition interlock system. 8
719	719	(j)(1) Any person subject to an ignition interlock order and/or blood and urine testing who 9
720	720	violates such order shall be guilty of a misdemeanor punishable by up to one year imprisonment, 10
721	721	or a fine of up to one thousand dollars ($1,000), or both. 11
722	722	(2) For a second violation within six (6) months from entry of the order, the person 12
723	723	violating the order shall be imprisoned for a term of not less than ten (10) days and not more than 13
724	724	one year. 14
725	725	(k) For the purposes of this subsection, a violation of the interlock order, includes, but is 15
726	726	not limited to: 16
727	727	(1) Altering, tampering, or in any way attempting to circumvent the operation of an ignition 17
728	728	interlock system that has been installed in the motor vehicle of a person under this section; 18
729	729	(2) Operating a motor vehicle that is not equipped with an ignition interlock system; or 19
730	730	(3) Soliciting or attempting to have another person start a motor vehicle equipped with an 20
731	731	ignition interlock system for the purpose of providing an operable motor vehicle to a person who 21
732	732	is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system. 22
733	733	(l) Any person who attempts to start, or starts, a motor vehicle equipped with an ignition 23
734	734	interlock system, tampers with, or in any way attempts to circumvent, the operation of an ignition 24
735	735	interlock system that has been installed in the motor vehicle for the purpose of providing an 25
736	736	operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not 26
737	737	equipped with an ignition interlock system, shall be guilty of a misdemeanor punishable by up to 27
738	738	one year imprisonment or a fine of up to one thousand dollars ($1,000), or both. 28
739	739	(m) Any ignition interlock system installed pursuant to the provisions of this chapter shall 29
740	740	be equipped with a camera in order to accurately identify the driver who provides a breath sample. 30
741	741	The provisions of subsections (k) and (l) of this section shall apply to the function of the camera, 31
742	742	and any blocking or moving of the camera as installed shall be considered a violation of subsection 32
743	743	(k)(1) of this section. 33
744	744	SECTION 2. Chapter 31-27 of the General Laws entitled "Motor Vehicle Offenses" is 34
745	745
746	746
747	747	LC001141 - Page 21 of 22
748	748	hereby amended by adding thereto the following section: 1
749	749	31-27-2.10. Ignition interlock system fund. 2
750	750	(a) This section shall be administered by the office of the general treasurer. 3
751	751	(b) The office shall designate a program administrator and shall promulgate rules and 4
752	752	regulations in accordance with chapter 35 of title 42 (“administrative procedures”) necessary to 5
753	753	implement the purposes of this section. 6
754	754	(c) There is hereby created an ignition interlock system fund to be administered by the 7
755	755	office of the general treasurer to provide funding for the indigent defendants as defined in § 12-15-8
756	756	8 who are required to comply with the provisions of §§ 31-27-2, 31-27-2.1 and 31-27-2.8 relating 9
757	757	to ignition interlock systems and who are unable to pay for the system. 10
758	758	SECTION 3. This act shall take effect upon passage. 11
759	759	========
760	760	LC001141
761	761	========
762	762
763	763
764	764	LC001141 - Page 22 of 22
765	765	EXPLANATION
766	766	BY THE LEGISLATIVE COUNCIL
767	767	OF
768	768	A N A C T
769	769	RELATING TO MOTOR AN D OTHER VEHICLES -- MOTOR VEHICLE OFFENSES
770	770	***
771	771	This act would require any person convicted of driving under the influence or refusal to 1
772	772	submit to a chemical test, to have an ignition interlock system installed in their vehicle as part of 2
773	773	any sentence before being eligible for a license reinstatement and would establish a fund that all 3
774	774	offenders would contribute to in order to pay for the ignition interlock systems for indigent 4
775	775	motorists. 5
776	776	This act would take effect upon passage. 6
777	777	========
778	778	LC001141
779	779	========
780	780