2025 -- S 0357
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LC001141
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
____________
A N A C T
RELATING TO MOTOR AN D OTHER VEHICLES -- MOTOR VEHICLE OFFENS ES
Introduced By: Senators Raptakis, Tikoian, Sosnowski, McKenney, Appollonio, Burke,
Thompson, Rogers, Felag, and Britto
Date Introduced: February 21, 2025
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Sections 31-27-2, 31-27-2.1 and 31-27-2.8 of the General Laws in Chapter 1
31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows: 2
31-27-2. Driving under influence of liquor or drugs. [Effective July 1, 2025.] 3
(a) Whoever drives or otherwise operates any vehicle in the state while under the influence 4
of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of 5
title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in 6
subsection (d)(3), and shall be punished as provided in subsection (d) of this section. 7
(b)(1) Any person charged under subsection (a), whose blood alcohol concentration is eight 8
one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis of a 9
blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall not 10
preclude a conviction based on other admissible evidence, including the testimony of a drug 11
recognition expert or evaluator, certified pursuant to training approved by the Rhode Island 12
department of transportation office on highway safety. Proof of guilt under this section may also 13
be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, 14
toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of these, 15
to a degree that rendered the person incapable of safely operating a vehicle. The fact that any person 16
charged with violating this section is, or has been, legally entitled to use alcohol or a drug shall not 17
constitute a defense against any charge of violating this section. 18
(2) [Deleted by P.L. 2021, ch. 170, § 1 and P.L. 2021, ch. 171, § 1.] 19
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(c) In any criminal prosecution for a violation of subsection (a), evidence as to the amount 1
of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or 2
any combination of these, in the defendant’s blood at the time alleged as shown by a chemical 3
analysis of the defendant’s breath, blood, saliva or urine or other bodily substance, shall be 4
admissible and competent, provided that evidence is presented that the following conditions have 5
been complied with: 6
(1) The defendant has consented to the taking of the test upon which the analysis is made. 7
Evidence that the defendant had refused to submit to the test shall not be admissible unless the 8
defendant elects to testify. 9
(2) A true copy of the report of the test result was hand delivered at the location of the test 10
or mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath 11
test. 12
(3) Any person submitting to a chemical test of blood, urine, saliva or other body fluids 13
shall have a true copy of the report of the test result mailed to him or her within thirty (30) days 14
following the taking of the test. 15
(4) The test was performed according to methods and with equipment approved by the 16
director of the department of health of the state of Rhode Island and by an authorized individual. 17
(5) Equipment used for the conduct of the tests by means of breath analysis had been tested 18
for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore 19
provided, and breathalyzer operators shall be qualified and certified by the department of health 20
within three hundred sixty-five (365) days of the test. 21
(6) The person arrested and charged with operating a motor vehicle while under the 22
influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of 23
title 21 or any combination of these in violation of subsection (a), was afforded the opportunity to 24
have an additional chemical test. The officer arresting or so charging the person shall have informed 25
the person of this right and afforded him or her a reasonable opportunity to exercise this right, and 26
a notation to this effect is made in the official records of the case in the police department. Refusal 27
to permit an additional chemical test shall render incompetent and inadmissible in evidence the 28
original report. 29
(d)(1)(i) Every person found to have violated subsection (b)(1) shall be sentenced as 30
follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one 31
percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood presence 32
of any scheduled controlled substance as defined in chapter 28 of title 21, shall be subject to a fine 33
of not less than one hundred dollars ($100), nor more than three hundred dollars ($300); shall be 34
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required to perform ten (10) to sixty (60) hours of public community restitution, and/or shall be 1
imprisoned for up to one year. The sentence may be served in any unit of the adult correctional 2
institutions in the discretion of the sentencing judge and/or shall be required to attend a special 3
course on driving while intoxicated or under the influence of a controlled substance; provided, 4
however, that the court may permit a servicemember or veteran to complete any court-approved 5
counseling program administered or approved by the Veterans’ Administration, and his or her 6
driver’s license shall be suspended for thirty (30) days up to one hundred eighty (180) days. The 7
sentencing judge or magistrate may shall prohibit that person from operating a motor vehicle, 8
pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition 9
interlock system and/or blood and urine testing as provided in § 31-27-2.8 for a period of six (6) 10
months. 11
(ii) Every person convicted of a first violation whose blood alcohol concentration is one-12
tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent 13
(.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less than 14
one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required to 15
perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for 16
up to one year. The sentence may be served in any unit of the adult correctional institutions in the 17
discretion of the sentencing judge. The person’s driving license shall be suspended for a period of 18
three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special 19
course on driving while intoxicated or under the influence of a controlled substance and/or 20
alcoholic or drug treatment for the individual; provided, however, that the court may permit a 21
servicemember or veteran to complete any court-approved counseling program administered or 22
approved by the Veterans’ Administration. The sentencing judge or magistrate may shall prohibit 23
that person from operating a motor vehicle that is not equipped with an ignition interlock system 24
as provided in § 31-27-2.8 and/or blood and urine testing, for a period of not less than six (6) months 25
and up to a period of twenty-four (24) months. 26
(iii) Every person convicted of a first offense whose blood alcohol concentration is fifteen 27
hundredths of one percent (.15%) or above, or who is under the influence of a drug, toluene, or any 28
controlled substance as defined in subsection (b)(1), shall be subject to a fine of five hundred dollars 29
($500) and shall be required to perform twenty (20) to sixty (60) hours of public community 30
restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit 31
of the adult correctional institutions in the discretion of the sentencing judge. The person’s driving 32
license shall be suspended for a period of three (3) months to eighteen (18) months. The sentencing 33
judge shall require attendance at a special course on driving while intoxicated or under the influence 34
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of a controlled substance and/or alcohol or drug treatment for the individual; provided, however, 1
that the court may permit a servicemember or veteran to complete any court-approved counseling 2
program administered or approved by the Veterans’ Administration. The sentencing judge or 3
magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) 4
or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and 5
urine testing as provided in § 31-27-2.8 for a period of not less than nine (9) months and up to a 6
period of twenty-four (24) months. 7
(2)(i) Every person convicted of a second violation within a ten-year (10) period with a 8
blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than 9
fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown, or 10
who has a blood presence of any controlled substance as defined in chapter 28 of title 21, and every 11
person convicted of a second violation within a ten-year (10) period, regardless of whether the prior 12
violation and subsequent conviction was a violation and subsequent conviction under this statute 13
or under the driving under the influence of liquor or drugs statute of any other state, shall be subject 14
to a mandatory fine of four hundred dollars ($400). The person’s driving license shall be suspended 15
for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten 16
(10) days, nor more than one year, in jail. The sentence may be served in any unit of the adult 17
correctional institutions in the discretion of the sentencing judge; however, not less than forty-eight 18
(48) hours of imprisonment shall be served consecutively. The sentencing judge shall require 19
alcohol or drug treatment for the individual; provided, however, that the court may permit a 20
servicemember or veteran to complete any court-approved counseling program administered or 21
approved by the Veterans’ Administration and shall prohibit that person from operating a motor 22
vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition 23
interlock system and/or blood and urine testing as provided in § 31-27-2.8 for a period of not less 24
than twelve (12) months and up to a period of twenty-four (24) months. 25
(ii) Every person convicted of a second violation within a ten-year (10) period whose blood 26
alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight as shown by 27
a chemical analysis of a blood, breath, or urine sample, or who is under the influence of a drug, 28
toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to mandatory 29
imprisonment of not less than six (6) months, nor more than one year; a mandatory fine of not less 30
than one thousand dollars ($1,000); and a mandatory license suspension for a period of two (2) 31
years from the date of completion of the sentence imposed under this subsection. The sentencing 32
judge shall require alcohol or drug treatment for the individual; provided, however, that the court 33
may permit a servicemember or veteran to complete any court approved counseling program 34
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administered or approved by the Veterans’ Administration. The sentencing judge or magistrate 1
shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) 2
of this section, that is not equipped with an ignition interlock system and/or blood and urine testing 3
as provided in § 31-27-2.8 for a period of not less than eighteen (18) months and up to a period of 4
twenty-four (24) months. 5
(3)(i) Every person convicted of a third or subsequent violation within a ten-year (10) 6
period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, 7
but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is 8
unknown or who has a blood presence of any scheduled controlled substance as defined in chapter 9
28 of title 21, regardless of whether any prior violation and subsequent conviction was a violation 10
and subsequent conviction under this statute or under the driving under the influence of liquor or 11
drugs statute of any other state, shall be guilty of a felony and be subject to a mandatory fine of 12
four hundred ($400) dollars. The person’s driving license shall be suspended for a period of two 13
(2) years to three (3) years, and the individual shall be sentenced to not less than one year and not 14
more than three (3) years in jail. The sentence may be served in any unit of the adult correctional 15
institutions in the discretion of the sentencing judge; however, not less than forty-eight (48) hours 16
of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug 17
treatment for the individual; provided, however, that the court may permit a servicemember or 18
veteran to complete any court-approved counseling program administered or approved by the 19
Veterans’ Administration, and shall prohibit that person from operating a motor vehicle, pursuant 20
to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system 21
and/or blood and urine testing as provided in § 31-27-2.8 for a period of not less than twelve (12) 22
months and up to a period of forty-eight (48) months. 23
(ii) Every person convicted of a third or subsequent violation within a ten-year (10) period 24
whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above by weight as 25
shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence of 26
a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to 27
mandatory imprisonment of not less than three (3) years, nor more than five (5) years; a mandatory 28
fine of not less than one thousand dollars ($1,000), nor more than five thousand dollars ($5,000); 29
and a mandatory license suspension for a period of three (3) years from the date of completion of 30
the sentence imposed under this subsection. The sentencing judge shall require alcohol or drug 31
treatment for the individual. The sentencing judge or magistrate shall prohibit that person from 32
operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not 33
equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-34
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2.8. for a period of not less than twenty-four (24) months and up to a period of forty-eight (48) 1
months. 2
(iii) In addition to the foregoing penalties, every person convicted of a third or subsequent 3
violation within a ten-year (10) period, regardless of whether any prior violation and subsequent 4
conviction was a violation and subsequent conviction under this statute or under the driving under 5
the influence of liquor or drugs statute of any other state, shall be subject, in the discretion of the 6
sentencing judge, to having the vehicle owned and operated by the violator seized and sold by the 7
state of Rhode Island, with all funds obtained by the sale to be transferred to the general fund. 8
(4) Whoever drives or otherwise operates any vehicle in the state while under the influence 9
of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of 10
title 21, or any combination of these, when his or her license to operate is suspended, revoked, or 11
cancelled for operating under the influence of a narcotic drug or intoxicating liquor, shall be guilty 12
of a felony punishable by imprisonment for not more than three (3) years and by a fine of not more 13
than three thousand dollars ($3,000). The court shall require alcohol and/or drug treatment for the 14
individual; provided, the penalties provided for in this subsection (d)(4) shall not apply to an 15
individual who has surrendered his or her license and served the court-ordered period of suspension, 16
but who, for any reason, has not had his or her license reinstated after the period of suspension, 17
revocation, or suspension has expired; provided, further, the individual shall be subject to the 18
provisions of subsection (d)(2)(i), (d)(2)(ii), (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) regarding subsequent 19
offenses, and any other applicable provision of this section. 20
(5)(i) For purposes of determining the period of license suspension, a prior violation shall 21
constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1. 22
(ii) Any person over the age of eighteen (18) who is convicted under this section for 23
operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of 24
these, while a child under the age of thirteen (13) years was present as a passenger in the motor 25
vehicle when the offense was committed shall be subject to immediate license suspension pending 26
prosecution. Any person convicted of violating this section shall be guilty of a misdemeanor for a 27
first offense and may be sentenced to a term of imprisonment of not more than one year and a fine 28
not to exceed one thousand dollars ($1,000). Any person convicted of a second or subsequent 29
offense shall be guilty of a felony offense and may be sentenced to a term of imprisonment of not 30
more than five (5) years and a fine not to exceed five thousand dollars ($5,000). The sentencing 31
judge shall also order a license suspension of up to two (2) years, require attendance at a special 32
course on driving while intoxicated or under the influence of a controlled substance, and alcohol 33
or drug education and/or treatment. The individual may also be required to pay a highway 34
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assessment fee of no more than five hundred dollars ($500) and the assessment shall be deposited 1
in the general fund. 2
(6)(i) Any person convicted of a violation under this section shall pay a highway 3
assessment fine of five hundred dollars ($500) that shall be deposited into the general fund. The 4
assessment provided for by this subsection shall be collected from a violator before any other fines 5
authorized by this section. 6
(ii) Any person convicted of a violation under this section shall be assessed a fee of eighty-7
six dollars ($86). 8
(7)(i) If the person convicted of violating this section is under the age of eighteen (18) 9
years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of 10
public community restitution and the juvenile’s driving license shall be suspended for a period of 11
six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing 12
judge or magistrate shall prohibit the person from operating a motor vehicle that is not equipped 13
with an ignition interlock system and/or blood and urine testing as provided in § 31-27-2.8 for a 14
period of twelve (12) months. The sentencing judge shall also require attendance at a special course 15
on driving while intoxicated or under the influence of a controlled substance and alcohol or drug 16
education and/or treatment for the juvenile. The juvenile may also be required to pay a highway 17
assessment fine of no more than five hundred dollars ($500) and the assessment imposed shall be 18
deposited into the general fund. 19
(ii) If the person convicted of violating this section is under the age of eighteen (18) years, 20
for a second or subsequent violation regardless of whether any prior violation and subsequent 21
conviction was a violation and subsequent conviction under this statute or under the driving under 22
the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory 23
suspension of his or her driving license until such time as he or she is twenty-one (21) years of age 24
and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training 25
school for a period of not more than one year and/or a fine of not more than five hundred dollars 26
($500). The sentencing judge or magistrate shall prohibit the person from operating a motor vehicle 27
that is not equipped with an ignition interlock system and/or blood and urine testing as provided in 28
§ 31-27-2.8 for a period of twenty-four (24) months). 29
(8) Any person convicted of a violation under this section may undergo a clinical 30
assessment at the community college of Rhode Island’s center for workforce and community 31
education. Should this clinical assessment determine problems of alcohol, drug abuse, or 32
psychological problems associated with alcoholic or drug abuse, this person shall be referred to an 33
appropriate facility, licensed or approved by the department of behavioral healthcare, 34
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developmental disabilities and hospitals, for treatment placement, case management, and 1
monitoring. In the case of a servicemember or veteran, the court may order that the person be 2
evaluated through the Veterans’ Administration. Should the clinical assessment determine 3
problems of alcohol, drug abuse, or psychological problems associated with alcohol or drug abuse, 4
the person may have their treatment, case management, and monitoring administered or approved 5
by the Veterans’ Administration. 6
(9) Notwithstanding any other sentencing and disposition provisions contained in this 7
chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was 8
operating a vehicle in the state while under the influence of drugs, toluene, or any controlled 9
substance as evidenced by the presence of controlled substances on or about the person or vehicle, 10
or other reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a 11
preliminary breath test, results from a breathalyzer that indicates no blood alcohol concentration, 12
or both, the judge or magistrate may exercise his or her discretion and eliminate the requirement of 13
an ignition interlock system; provided, that blood and/or urine testing is mandated as a condition 14
to operating a motor vehicle as provided in § 31-27-2.8. , for a period of not less than six (6) months 15
and up to a period of twenty-four (24) months. 16
(10) Notwithstanding any other sentencing and disposition provisions contained in this 17
chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was 18
operating a vehicle in the state while under the influence of drugs, toluene, or any controlled 19
substance as evidenced by the presence of controlled substances on or about the person or vehicle, 20
or other reliable indicia or articulable conditions thereof and intoxicating liquor based on a 21
preliminary breath test, results from a breathalyzer that indicates blood alcohol concentration, or 22
both, the judge or magistrate may require an ignition interlock system in addition to blood and/or 23
urine testing as a condition to operating a motor vehicle as provided in § 31-27-2.8. The ignition 24
interlock system and blood and/or urine testing requirements shall be for a period of time as 25
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
of this section. 27
(e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per 28
one hundred cubic centimeters (100 cc) of blood. 29
(f)(1) There is established an alcohol and drug safety unit within the division of motor 30
vehicles to administer an alcohol safety action program. The program shall provide for placement 31
and follow-up for persons who are required to pay the highway safety assessment. The alcohol and 32
drug safety action program will be administered in conjunction with alcohol and drug programs 33
licensed by the department of behavioral healthcare, developmental disabilities and hospitals. 34
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(2) Persons convicted under the provisions of this chapter shall be required to attend a 1
special course on driving while intoxicated or under the influence of a controlled substance, and/or 2
participate in an alcohol or drug treatment program, which course and programs must meet the 3
standards established by the Rhode Island department of behavioral healthcare, developmental 4
disabilities and hospitals; provided, however, that the court may permit a servicemember or veteran 5
to complete any court-approved counseling program administered or approved by the Veterans’ 6
Administration. The course shall take into consideration any language barrier that may exist as to 7
any person ordered to attend, and shall provide for instruction reasonably calculated to 8
communicate the purposes of the course in accordance with the requirements of the subsection. 9
Any costs reasonably incurred in connection with the provision of this accommodation shall be 10
borne by the person being retrained. A copy of any violation under this section shall be forwarded 11
by the court to the alcohol and drug safety unit. In the event that persons convicted under the 12
provisions of this chapter fail to attend and complete the above course or treatment program, as 13
ordered by the judge, then the person may be brought before the court, and after a hearing as to 14
why the order of the court was not followed, may be sentenced to jail for a period not exceeding 15
one year. 16
(3) The alcohol and drug safety action program within the division of motor vehicles shall 17
be funded by general revenue appropriations. 18
(g) The director of the department of health is empowered to make and file with the 19
secretary of state regulations that prescribe the techniques and methods of chemical analysis of the 20
person’s body fluids or breath and the qualifications and certification of individuals authorized to 21
administer this testing and analysis. 22
(h) Jurisdiction for misdemeanor violations of this section shall be with the district court 23
for persons eighteen (18) years of age or older and to the family court for persons under the age of 24
eighteen (18) years. The courts shall have full authority to impose any sentence authorized and to 25
order the suspension of any license for violations of this section. Trials in superior court are not 26
required to be scheduled within thirty (30) days of the arraignment date. 27
(i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on 28
driving while intoxicated or under the influence of a controlled substance, public community 29
restitution, or jail provided for under this section can be suspended. 30
(j) An order to attend a special course on driving while intoxicated, that shall be 31
administered in cooperation with a college or university accredited by the state, shall include a 32
provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars 33
($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into 34
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the general fund. 1
(k) For the purposes of this section, any test of a sample of blood, breath, or urine for the 2
presence of alcohol that relies in whole or in part upon the principle of infrared light absorption is 3
considered a chemical test. 4
(l) If any provision of this section, or the application of any provision, shall for any reason 5
be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the 6
section, but shall be confined in this effect to the provision or application directly involved in the 7
controversy giving rise to the judgment. 8
(m) For the purposes of this section, “servicemember” means a person who is presently 9
serving in the armed forces of the United States, including the Coast Guard, a reserve component 10
thereof, or the National Guard. “Veteran” means a person who has served in the armed forces, 11
including the Coast Guard of the United States, a reserve component thereof, or the National Guard, 12
and has been discharged under other than dishonorable conditions. 13
(n) In addition to any other fines and highway assessments, any person found in violation 14
of this section shall pay a one hundred-dollar ($100) assessment to the ignition interlock system 15
fund established in § 31-27-2.10. 16
31-27-2.1. Refusal to submit to chemical test. [Effective July 1, 2025.] 17
(a) Any person who operates a motor vehicle within this state shall be deemed to have 18
given his or her consent to chemical tests of his or her breath, blood, saliva and/or urine for the 19
purpose of determining the chemical content of his or her body fluids or breath. No more than two 20
(2) complete tests, one for the presence of intoxicating liquor and one for the presence of toluene 21
or any controlled substance, as defined in § 21-28-1.02, shall be administered at the direction of a 22
law enforcement officer having reasonable grounds to believe the person to have been driving a 23
motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any 24
controlled substance, as defined in chapter 28 of title 21, or any combination of these. The director 25
of the department of health is empowered to make and file, with the secretary of state, regulations 26
that prescribe the techniques and methods of chemical analysis of the person’s body fluids or breath 27
and the qualifications and certification of individuals authorized to administer the testing and 28
analysis. 29
(b) If a person, for religious or medical reasons, cannot be subjected to blood tests, the 30
person may file an affidavit with the division of motor vehicles stating the reasons why he or she 31
cannot be required to take blood tests and a notation to this effect shall be made on his or her 32
license. If that person is asked to submit to chemical tests as provided under this chapter, the person 33
shall only be required to submit to chemical tests of his or her breath, saliva or urine. When a person 34
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is requested to submit to blood tests, only a physician or registered nurse, or a medical technician 1
certified under regulations promulgated by the director of the department of health, may withdraw 2
blood for the purpose of determining the alcoholic content in it. This limitation shall not apply to 3
the taking of breath, saliva or urine specimens. The person tested shall be permitted to have a 4
physician of his or her own choosing, and at his or her own expense, administer chemical tests of 5
his or her breath, blood, saliva and/or urine in addition to the tests administered at the direction of 6
a law enforcement officer. If a person, having been placed under arrest, refuses upon the request of 7
a law enforcement officer to submit to the tests, as provided in § 31-27-2, none shall be given. 8
(1) At the initial traffic tribunal appearance, the magistrate shall review the incident, action, 9
and/or arrest reports submitted by the law enforcement officer to determine if there exists 10
reasonable grounds to believe that the person had been driving a motor vehicle while under the 11
influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of 12
title 21, or any combination thereof. The magistrate shall also determine if the person had been 13
informed of the penalties incurred as a result of failing to submit to a chemical test as provided in 14
this section and that the person had been informed of the implied consent notice contained in 15
subsection (c)(10) of this section. For the purpose of this subsection only, “driving a motor vehicle 16
while under the influence of any controlled substance as defined in chapter 28 of title 21” shall be 17
indicated by the presence or aroma of a controlled substance on or about the person or vehicle of 18
the individual refusing the chemical test or other reliable indicia or articulable conditions that the 19
person was impaired due to their intake of a controlled substance. 20
(2) If the magistrate determines that subsection (b)(1) of this section has been satisfied they 21
shall promptly order that the person’s operator’s license or privilege to operate a motor vehicle in 22
this state be immediately suspended. Said suspension shall be subject to the hardship provisions 23
enumerated in § 31-27-2.8. 24
(c) A traffic tribunal judge or magistrate, or a district court judge or magistrate, pursuant 25
to the terms of subsection (d) of this section, shall order as follows: 26
(1) Impose, for the first violation, a fine in the amount of two hundred dollars ($200) to 27
five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of 28
public community restitution. The person’s driving license in this state shall be suspended for a 29
period of six (6) months to one year. The traffic tribunal judge or magistrate shall require attendance 30
at a special course on driving while intoxicated or under the influence of a controlled substance 31
and/or alcohol or drug treatment for the individual. Following the initial suspension of the person’s 32
operator’s license, the The traffic tribunal judge or magistrate may shall prohibit that person from 33
operating a motor vehicle that is not equipped with an ignition interlock system and/or blood and 34
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urine testing as provided in § 31-27-2.88 for a period of not less than six (6) months and for up to 1
a period of twelve (12) months. 2
(2) Every person convicted of a second violation within a ten-year (10) period, except with 3
respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; shall be 4
imprisoned for not more than six (6) months; shall pay a fine in the amount of six hundred dollars 5
($600) to one thousand dollars ($1,000); perform sixty (60) to one hundred (100) hours of public 6
community restitution; and the person’s driving license in this state shall be suspended for a period 7
of one year to two (2) years. The judge or magistrate shall require alcohol and/or drug treatment 8
for the individual. Following the initial suspension of the person’s operator’s license, the The 9
sentencing judge or magistrate shall prohibit that person from operating a motor vehicle that is not 10
equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-11
2.8 for a period of not less than twelve (12) months and for up to a period of forty-eight (48) months. 12
(3) Every person convicted for a third or subsequent violation within a ten-year (10) period, 13
except with respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; 14
and shall be imprisoned for not more than one year; fined eight hundred dollars ($800) to one 15
thousand dollars ($1,000); shall perform not less than one hundred (100) hours of public community 16
restitution; and the person’s operator’s license in this state shall be suspended for a period of two 17
(2) years to five (5) years. Following the initial suspension of the person’s operator’s license, the 18
The sentencing judge or magistrate shall prohibit that person from operating a motor vehicle that 19
is not equipped with an ignition interlock system and/or blood and urine testing as provided in § 20
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
twenty (120) months. The judge or magistrate shall require alcohol or drug treatment for the 22
individual. Provided, that prior to the reinstatement of a license to a person charged with a third or 23
subsequent violation within a three-year (3) period, a hearing shall be held before a judge or 24
magistrate. At the hearing, the judge or magistrate shall review the person’s driving record, his or 25
her employment history, family background, and any other pertinent factors that would indicate 26
that the person has demonstrated behavior that warrants the reinstatement of his or her license. 27
(4) For a second violation within a ten-year (10) period with respect to a case of a refusal 28
to submit to a blood test, a fine in the amount of six hundred dollars ($600) to one thousand dollars 29
($1,000); the person shall perform sixty (60) to one hundred (100) hours of public community 30
restitution; and the person’s driving license in this state shall be suspended for a period of two (2) 31
years. The judicial officer shall require alcohol and/or drug treatment for the individual. Following 32
the initial suspension of the person’s operator’s license, the The sentencing judicial officer shall 33
prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock 34
LC001141 - Page 13 of 22
system as provided in § 31-27-2.8 for a period of not less than twelve (12) months and for up to a 1
period of twenty-four (24) months. Such a violation with respect to refusal to submit to a chemical 2
blood test shall be a civil offense. 3
(5) For a third or subsequent violation within a ten-year (10) period with respect to a case 4
of a refusal to submit to a blood test, a fine in the amount of eight hundred dollars ($800) to one 5
thousand dollars ($1,000); the person shall perform not less than one hundred (100) hours of public 6
community restitution; and the person’s driving license in this state shall be suspended for a period 7
of two (2) to five (5) years. Following the initial suspension of the person’s operator’s license, the 8
The sentencing judicial officer shall prohibit that person from operating a motor vehicle that is not 9
equipped with an ignition interlock system as provided in § 31-27-2.8 for a period of forty-eight 10
(48) months. The judicial officer shall require alcohol and/or drug treatment for the individual. 11
Such a violation with respect to refusal to submit to a chemical test of blood shall be a civil offense. 12
Provided, that prior to the reinstatement of a license to a person charged with a third or subsequent 13
violation within a three-year (3) period, a hearing shall be held before a judicial officer. At the 14
hearing, the judicial officer shall review the person’s driving record, his or her employment history, 15
family background, and any other pertinent factors that would indicate that the person has 16
demonstrated behavior that warrants the reinstatement of their license. 17
(6) For purposes of determining the period of license suspension, a prior violation shall 18
constitute any charge brought and sustained under the provisions of this section or § 31-27-2. 19
(7) In addition to any other fines, a highway safety assessment of five hundred dollars 20
($500) shall be paid by any person found in violation of this section, the assessment to be deposited 21
into the general fund. The assessment provided for by this subsection shall be collected from a 22
violator before any other fines authorized by this section. 23
(8) In addition to any other fines and highway safety assessments, a two-hundred-dollar 24
($200) assessment shall be paid by any person found in violation of this section to support the 25
department of health’s chemical testing programs outlined in §§ 31-27-2(f) and 31-27-2(g), that 26
shall be deposited as general revenues, not restricted receipts. 27
(9) No fines, suspensions, assessments, alcohol or drug treatment programs, course on 28
driving while intoxicated or under the influence of a controlled substance, or public community 29
restitution provided for under this section can be suspended. 30
(10) Implied consent notice for persons eighteen (18) years of age or older: “Rhode Island 31
law requires you to submit to a chemical test of your blood, breath, saliva, or urine for the purpose 32
of determining the chemical content of your body fluids or breath. If you refuse this testing, certain 33
penalties can be imposed and include the following: for a first offense, your Rhode Island driver’s 34
LC001141 - Page 14 of 22
license or privilege to operate a motor vehicle in this state can be suspended for six (6) months to 1
one year or modified to permit operation in connection with an ignition interlock device and/or 2
blood and urine testing for a period specified by law; a fine from two hundred dollars ($200) to five 3
hundred dollars ($500) can be imposed; and you can be ordered to perform ten (10) to sixty (60) 4
hours of community service and attend a special course on driving while intoxicated or under the 5
influence of a controlled substance and/or alcohol or drug treatment. You shall also pay a one 6
hundred-dollar ($100) assessment to the ignition interlock fund. If you have had one or more 7
previous offenses within the past ten (10) years, your refusal to submit to a chemical test of breath 8
or urine at this time can have criminal penalties, including incarceration up to six (6) months for a 9
second offense and up to one year for a third or subsequent offense, and can carry increased license 10
suspension or and a mandatory ignition interlock and/or blood and urine testing periods, fines, and 11
community service. All violators shall pay a five hundred dollar ($500) highway safety assessment 12
fee, a two hundred dollar ($200) department of health chemical testing programs assessment fee, 13
and a license reinstatement fee. Refusal to submit to a chemical test of blood shall not subject you 14
to criminal penalties for the refusal itself, but if you have one or more previous offenses other civil 15
penalties may increase. You have the right to be examined at your own expense by a physician 16
selected by you. If you submit to a chemical test at this time, you have the right to have an additional 17
chemical test performed at your own expense. You will be afforded a reasonable opportunity to 18
exercise these rights. Access to a telephone will be made available for you to make those 19
arrangements. You may now use a telephone.” 20
Use of this implied consent notice shall serve as evidence that a person’s consent to a 21
chemical test is valid in a prosecution involving driving under the influence of liquor, controlled 22
substances, and/or drugs. 23
(11) In addition to any other fines and highway assessments, any person found in violation 24
of this section shall pay a one hundred-dollar ($100) assessment to the ignition interlock system 25
fund established in § 31-27-2.10. 26
(d) Upon suspending or refusing to issue a license or permit as provided in subsection (a), 27
the traffic tribunal or district court shall immediately notify the person involved in writing, and 28
upon his or her request, within fifteen (15) days, afford the person an opportunity for a hearing as 29
early as practical upon receipt of a request in writing. Upon a hearing, the judge may administer 30
oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books 31
and papers. If the judge finds after the hearing that: 32
(1) The law enforcement officer making the sworn report had reasonable grounds to believe 33
that the arrested person had been driving a motor vehicle within this state while under the influence 34
LC001141 - Page 15 of 22
of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or 1
any combination of these; 2
(2) The person, while under arrest, refused to submit to the tests upon the request of a law 3
enforcement officer; 4
(3) The person had been informed of his or her rights in accordance with § 31-27-3; and 5
(4) The person had been informed of the penalties contained in the implied consent notice 6
set forth in subsection (c)(10) of this section, the judge shall sustain the violation. The judge shall 7
then impose the penalties set forth in subsection (c) of this section. Action by the judge must be 8
taken within seven (7) days after the hearing or it shall be presumed that the judge has refused to 9
issue his or her order of suspension. 10
(e) For the purposes of this section, any test of a sample of blood, breath, or urine for the 11
presence of alcohol that relies, in whole or in part, upon the principle of infrared light absorption is 12
considered a chemical test. 13
(f) If any provision of this section, or the application of any provision, shall, for any reason, 14
be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the section, 15
but shall be confined in this effect to the provisions or application directly involved in the 16
controversy giving rise to the judgment. 17
31-27-2.8. Ignition interlock system and/or blood and urine testing imposed as a part 18
of sentence — Requirements. 19
(a) Any person subject to suspension pursuant to §§ 31-27-2.1(b)(1) and 31-27-2.1(b)(2) 20
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
27-2(d)(3)(ii), or whose violation is sustained under the provisions of §§ 31-27-2.1(b)(1) and 31- 22
27-2.1(b)(2), may shall be prohibited by the sentencing judge or magistrate from operating a motor 23
vehicle that is not equipped with an ignition interlock system as provided by law, and/or blood and 24
urine testing by a licensed physician with knowledge and clinical experience in the diagnosis and 25
treatment of drug-related disorders, a licensed or certified psychologist, social worker, or EAP 26
professional with like knowledge, or a substance abuse counselor certified by the National 27
Association of Alcohol and Drug Abuse Counselors (all of whom shall be licensed in Rhode 28
Island), pursuant to this section. 29
(1) Notwithstanding any other sentencing and disposition provisions contained in this 30
chapter, if a Rhode Island traffic tribunal magistrate makes a finding that a motorist was operating 31
a vehicle in the state while under the influence of drugs, toluene, or any controlled substance as 32
evidenced by the presence of controlled substances on or about the person or vehicle, or other 33
reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a preliminary 34
LC001141 - Page 16 of 22
breath test, results from a breathalyzer that indicates no blood alcohol concentration or both, the 1
magistrate may exercise his or her discretion and eliminate the requirement of an ignition interlock 2
system; provided, that blood and/or urine testing is mandated as a condition to operating a motor 3
vehicle as provided in this section and as provided in §§ 31-27-2 and 31-27-2.1. 4
(2) Notwithstanding any other sentencing and disposition provisions contained in this 5
chapter, if a Rhode Island traffic tribunal magistrate makes a finding that a motorist was operating 6
a vehicle in the state while under the influence of drugs, toluene, or any controlled substance as 7
evidenced by the presence of controlled substances on or about the person or vehicle, or other 8
reliable indicia or articulable conditions thereof and intoxicating liquor based on a preliminary 9
breath test, results from a breathalyzer that indicates blood alcohol concentration or both, the 10
magistrate may require an ignition interlock system in addition to blood and/or urine testing as a 11
condition to operating a motor vehicle as provided in this section and as provided in §§ 31-27-2 12
and 31-27-2.1. 13
(b) Notwithstanding any other provisions contained in this chapter, any mandatory period 14
of license suspension shall, upon request, be reduced by the imposition of an ignition interlock 15
system and/or blood and urine testing ordered by the court or traffic tribunal as follows: 16
(1) For a violation of § 31-27-2(d)(1), a person shall be subject to a minimum thirty-day 17
(30) license suspension and an imposition of an ignition interlock system and/or blood and urine 18
testing for three (3) months to one year for the period provided in § 31-27-2(d)(1). 19
(2) For a violation of § 31-27-2.1(c)(1), a person shall be subject to a minimum thirty-day 20
(30) license suspension and an imposition of an ignition interlock system and/or blood and urine 21
testing for the period of six (6) months to two (2) years for the period provided in § 31-27-2.1(c)(1). 22
(3) For a violation of § 31-27-2(d)(2), a person shall be subject to a minimum forty-five-23
day (45) license suspension and an imposition of an ignition interlock system and/or blood and 24
urine testing for a period of six (6) months to two (2) years for the period provided in § 31-27-25
2(d)(2). 26
(4) For a violation of § 31-27-2.1(c)(2), a person shall be subject to a minimum sixty-day 27
(60) license suspension and an imposition of an ignition interlock system and/or blood and urine 28
testing for a period of one to four (4) years for the period provided in § 31-27-2.1(c)(2). 29
(5) For a violation of § 31-27-2(d)(3), a person shall be subject to a minimum sixty-day 30
(60) license suspension and imposition of an ignition interlock system and/or blood and urine 31
testing for a period of one to four (4) years for the period provided in § 31-27-2(d)(3). 32
(6) For a violation of § 31-27-2.1(c)(3), a person shall be subject to a minimum ninety-day 33
(90) license suspension and imposition of an ignition interlock system and/or blood and urine 34
LC001141 - Page 17 of 22
testing for a period of two (2) to ten (10) years for the period provided in § 31-27-2.1(c)(3). 1
(7) No license suspension shall be subject to more than a thirty-day (30) license suspension 2
based solely upon the imposition of an ignition interlock system. 3
(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
an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or determination 5
that the motorist was under the influence of intoxicating liquor only, the magistrate shall, upon 6
request, immediately grant a conditional hardship license after a finding of need pursuant to this 7
section and upon proof of the installation of an ignition interlock device. 8
(ii) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or 9
upon an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or 10
determination that the motorist was under the influence of drugs, toluene, or a controlled substance, 11
but not intoxicating liquor, the judge or magistrate shall, upon request immediately grant a 12
conditional hardship license after a finding of need pursuant to this section and upon proof of blood 13
and urine testing pursuant to this section. 14
(iii) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or 15
upon an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or 16
determination that the motorist was under the influence of intoxicating liquor, toluene, a controlled 17
substance, or any combination thereof, the magistrate shall, upon request immediately grant a 18
conditional hardship license after a finding of need pursuant to this section and upon proof of the 19
installation of an ignition interlock device, subject also to the following testing: 20
(A) The testing of either blood or urine is being performed by or monitored by a licensed 21
physician with knowledge and clinical experience in the diagnosis and treatment of drug-related 22
disorders, a licensed or certified psychologist, social worker, or EAP professional with like 23
knowledge, or a substance abuse counselor certified by the National Association of Alcohol and 24
Drug Abuse Counselors (all of whom shall be licensed in Rhode Island). 25
(B) The motorist is required to pay for the substance abuse professional, any testing, 26
retesting, monitoring, and reporting costs of the blood and urine testing. 27
(C) Samples are to be collected, tested and confirmed by a federally certified laboratory by 28
means of gas chromatography/mass spectrometry or technology recognized as being at least as 29
scientifically accurate. 30
(D) Samples are to be taken weekly for the first sixty (60) days, thereafter in accordance 31
with the recommendation of the substance abuse professional. The samples taken thereafter may 32
be ordered randomly, but must be provided by the motorist within twenty-four (24) hours of the 33
request. The substance abuse professional shall report to the department of the attorney general 34
LC001141 - Page 18 of 22
within twenty-four (24) hours any failure by the motorist to comply with a request for a sample. 1
(E) A positive test of urine or blood that evidences any controlled substances shall be 2
reported by the substance abuse professional to the motorist and to the department of the attorney 3
general within twenty-four (24) hours of receipt of the results. The motorist may, at his or her own 4
expense, have an opportunity to have the sample retested or reevaluated by an independent testing 5
facility which shall provide the result directly to the substance abuse professional. The attorney 6
general may request, at any time, a copy of any or all test results from the substance abuse 7
professional, who shall forward the requested results within forty-eight (48) hours. 8
(F) Upon completion of the license suspension, conditional hardship, ignition interlock and 9
substance abuse testing periods, a finalized report shall be presented to the department of motor 10
vehicles prior to any license reinstatement. The motorist’s license shall not be fully reinstated unless 11
the motorist has successfully completed the prescribed ignition interlock and/or blood and urine 12
testing period to which the motorist was sentenced. 13
(G) If a judge or magistrate determines that a motorist either failed, without good cause, to 14
comply with a sample request or tested positive for any controlled substance, he or she may exercise 15
his or her discretion and revoke the conditional hardship license, extend the time period for the 16
ignition interlock system and/or substance abuse testing for an additional period of up to twelve 17
(12) months and/or impose an additional loss of license for up to twenty-four (24) months. 18
(H) A motorist who has failed, without good cause, to comply with a sample request or 19
tested positive for any controlled substance for a second time within twelve (12) months of the first 20
failure and/or positive test determination shall be guilty of a misdemeanor punishable by up to one 21
year imprisonment, or a fine of up to one thousand dollars ($1,000), or both. 22
(c) However, in any case where a motorist is convicted of an alcohol-related offense 23
pursuant to the provisions of this chapter, the judge or magistrate may exercise his or her discretion 24
in the granting of the hardship license by imposing up to a ninety (90) day loss of license prior to 25
any imposition of the hardship license. The hardship license shall be valid for twelve (12) 26
continuous hours per day for any valid reason approved in advance by the sentencing judge or 27
magistrate, which shall include employment, medical appointments, job training, schooling, or 28
religious purposes. The hardship license shall not be for less than twelve (12) continuous hours per 29
day. A hardship license shall only be granted in conjunction with the installation of an ignition 30
interlock device and/or blood and urine testing. Any conditional driving privileges must be set by 31
the sentencing judge or magistrate after a hearing in which the motorist must provide proof of 32
employment status and hours of employment, or any other legitimate reasons justifying a hardship 33
license. These shall include, but not be limited to, any unemployment training, schooling, medical 34
LC001141 - Page 19 of 22
appointments, therapy treatments, or any other valid requests set forth by sworn affidavit. Once 1
said hardship period has concluded, the motorist must still be subject to the conditions of the 2
ignition interlock system and/or blood and urine testing as set forth under this section for the period 3
of time as directed by the court. Any individual who violates the requirements of this subsection 4
shall be subject to the penalties enumerated in § 31-11-18.1. 5
(d) Any person convicted of an offense of driving under the influence of liquor or drugs 6
resulting in death, § 31-27-2.2; driving under the influence of liquor or drugs resulting in serious 7
bodily injury, § 31-27-2.6; driving to endanger resulting in death, § 31-27-1; or driving to endanger 8
resulting in serious bodily injury, § 31-27-1.1; may, in addition to any other penalties provided by 9
law, be prohibited from operating a motor vehicle that is not equipped with an approved ignition 10
interlock system and/or blood and urine testing for one to five (5) years. 11
(e) Any person who operates a motor vehicle with a suspended license during the period 12
of suspension, and the reason for the suspension was due to a conviction of driving under the 13
influence of drugs or alcohol or a sustained violation or conviction of refusal to submit to a chemical 14
test, shall be subject to the further use of the ignition interlock system and/or blood and urine testing 15
for a period of six (6) months subsequent to the penalties enumerated in § 31-11-18.1. 16
(f) When the court orders the use of an ignition interlock system, the judge or magistrate 17
shall cause an appropriate notation to be made on the person’s record that clearly sets forth the 18
requirement for, and the period of the use of, the ignition interlock system. 19
(g) In addition to the requirements of subsection (f) of this section, the court or traffic 20
tribunal shall: 21
(1) Require proof of the installation of the ignition interlock system and periodic reporting 22
by the person for the purpose of verification of the proper operation of the ignition interlock system; 23
(2) Require the person to have the ignition interlock system monitored for the proper use 24
and accuracy by a person, firm, corporation, or other association to be approved by the division of 25
motor vehicles at least once every six (6) months, or more frequently as the circumstances may 26
require; and 27
(3) Require the person to pay the reasonable cost of leasing or buying, monitoring, and 28
maintenance of the ignition interlock system. 29
(4) The requirements under subsection (g) of this section shall be the responsibility of the 30
probation department or justice assistance, if the individual is under their control, or the division of 31
motor vehicles if the individual is not monitored as a condition of the individual’s plea or finding 32
of guilt. 33
(h) Any person granted a conditional hardship license upon proof of installation of an 34
LC001141 - Page 20 of 22
ignition interlock device, may operate that motor vehicle during the entire twelve-hour (12) period 1
of operation granted by the sentencing judge or magistrate including during the scope of the 2
person’s employment and/or any other valid reason approved by the sentencing judge or magistrate. 3
(i) If a person is required, in the course of the person’s employment, to operate a motor 4
vehicle owned or provided by the person’s employer, the person may operate that motor vehicle in 5
the course of the person’s employment without installation of an ignition interlock system if the 6
court makes specific findings expressly permitting the person to operate, in the course of the 7
person’s employment, a motor vehicle that is not equipped with an ignition interlock system. 8
(j)(1) Any person subject to an ignition interlock order and/or blood and urine testing who 9
violates such order shall be guilty of a misdemeanor punishable by up to one year imprisonment, 10
or a fine of up to one thousand dollars ($1,000), or both. 11
(2) For a second violation within six (6) months from entry of the order, the person 12
violating the order shall be imprisoned for a term of not less than ten (10) days and not more than 13
one year. 14
(k) For the purposes of this subsection, a violation of the interlock order, includes, but is 15
not limited to: 16
(1) Altering, tampering, or in any way attempting to circumvent the operation of an ignition 17
interlock system that has been installed in the motor vehicle of a person under this section; 18
(2) Operating a motor vehicle that is not equipped with an ignition interlock system; or 19
(3) Soliciting or attempting to have another person start a motor vehicle equipped with an 20
ignition interlock system for the purpose of providing an operable motor vehicle to a person who 21
is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system. 22
(l) Any person who attempts to start, or starts, a motor vehicle equipped with an ignition 23
interlock system, tampers with, or in any way attempts to circumvent, the operation of an ignition 24
interlock system that has been installed in the motor vehicle for the purpose of providing an 25
operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not 26
equipped with an ignition interlock system, shall be guilty of a misdemeanor punishable by up to 27
one year imprisonment or a fine of up to one thousand dollars ($1,000), or both. 28
(m) Any ignition interlock system installed pursuant to the provisions of this chapter shall 29
be equipped with a camera in order to accurately identify the driver who provides a breath sample. 30
The provisions of subsections (k) and (l) of this section shall apply to the function of the camera, 31
and any blocking or moving of the camera as installed shall be considered a violation of subsection 32
(k)(1) of this section. 33
SECTION 2. Chapter 31-27 of the General Laws entitled "Motor Vehicle Offenses" is 34
LC001141 - Page 21 of 22
hereby amended by adding thereto the following section: 1
31-27-2.10. Ignition interlock system fund. 2
(a) This section shall be administered by the office of the general treasurer. 3
(b) The office shall designate a program administrator and shall promulgate rules and 4
regulations in accordance with chapter 35 of title 42 (“administrative procedures”) necessary to 5
implement the purposes of this section. 6
(c) There is hereby created an ignition interlock system fund to be administered by the 7
office of the general treasurer to provide funding for the indigent defendants as defined in § 12-15-8
8 who are required to comply with the provisions of §§ 31-27-2, 31-27-2.1 and 31-27-2.8 relating 9
to ignition interlock systems and who are unable to pay for the system. 10
SECTION 3. This act shall take effect upon passage. 11
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LC001141 - Page 22 of 22
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO MOTOR AN D OTHER VEHICLES -- MOTOR VEHICLE OFFENSES
***
This act would require any person convicted of driving under the influence or refusal to 1
submit to a chemical test, to have an ignition interlock system installed in their vehicle as part of 2
any sentence before being eligible for a license reinstatement and would establish a fund that all 3
offenders would contribute to in order to pay for the ignition interlock systems for indigent 4
motorists. 5
This act would take effect upon passage. 6
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