2013 -- H 5774

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LC01073

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - MOTOR VEHICLE OFFENSES

     Introduced By: Representatives Amore, O`Neill, Valencia, Ackerman, and Baldelli-Hunt

     Date Introduced: February 28, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 31-27-2, 31-27-2.1 and 31-27-2.8 of the General Laws in Chapter

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31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows:

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     31-27-2. Driving under influence of liquor or drugs. -- (a) Whoever drives or

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otherwise operates any vehicle in the state while under the influence of any intoxicating liquor,

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drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any

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combination of these, shall be guilty of a misdemeanor except as provided in subdivision (d)(3)

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and shall be punished as provided in subsection (d) of this section.

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      (b) (1) Any person charged under subsection (a) of this section whose blood alcohol

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concentration is eight one-hundredths of one percent (.08%) or more by weight as shown by a

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chemical analysis of a blood, breath, or urine sample shall be guilty of violating subsection (a) of

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this section. This provision shall not preclude a conviction based on other admissible evidence.

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Proof of guilt under this section may also be based on evidence that the person charged was under

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the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter

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28 of title 21, or any combination of these, to a degree which rendered the person incapable of

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safely operating a vehicle. The fact that any person charged with violating this section is or has

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been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of

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violating this section.

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      (2) Whoever drives or otherwise operates any vehicle in the state with a blood presence

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of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by

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analysis of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as

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provided in subsection (d) of this section.

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      (c) In any criminal prosecution for a violation of subsection (a) of this section, evidence

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as to the amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter

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28 of title 21, or any combination of these, in the defendant's blood at the time alleged as shown

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by a chemical analysis of the defendant's breath, blood, or urine or other bodily substance shall be

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admissible and competent, provided that evidence is presented that the following conditions have

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been complied with:

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      (1) The defendant has consented to the taking of the test upon which the analysis is

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made. Evidence that the defendant had refused to submit to the test shall not be admissible unless

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the defendant elects to testify.

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      (2) A true copy of the report of the test result was mailed within seventy-two (72) hours

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of the taking of the test to the person submitting to a breath test.

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      (3) Any person submitting to a chemical test of blood, urine, or other body fluids shall

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have a true copy of the report of the test result mailed to him or her within thirty (30) days

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following the taking of the test.

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      (4) The test was performed according to methods and with equipment approved by the

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director of the department of health of the state of Rhode Island and by an authorized individual.

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      (5) Equipment used for the conduct of the tests by means of breath analysis had been

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tested for accuracy within thirty (30) days preceding the test by personnel qualified as

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hereinbefore provided, and breathalyzer operators shall be qualified and certified by the

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department of health within three hundred sixty-five (365) days of the test.

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      (6) The person arrested and charged with operating a motor vehicle while under the

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influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of

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title 21, or, any combination of these in violation of subsection (a) of this section was afforded the

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opportunity to have an additional chemical test. The officer arresting or so charging the person

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shall have informed the person of this right and afforded him or her a reasonable opportunity to

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exercise this right, and a notation to this effect is made in the official records of the case in the

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police department. Refusal to permit an additional chemical test shall render incompetent and

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inadmissible in evidence the original report.

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      (d) (1) (i) Every person found to have violated subdivision (b)(1) of this section shall be

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sentenced as follows: for a first violation whose blood alcohol concentration is eight one-

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hundredths of one percent (.08%) but less than one-tenth of one percent (.1%) by weight or who

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has a blood presence of any scheduled controlled substance as defined in subdivision (b)(2) shall

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be subject to a fine of not less than one hundred dollars ($100) nor more than three hundred

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dollars ($300), shall be required to perform ten (10) to sixty (60) hours of public community

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restitution, and/or shall be imprisoned for up to one year. The sentence may be served in any unit

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of the adult correctional institutions in the discretion of the sentencing judge and/or shall be

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required to attend a special course on driving while intoxicated or under the influence of a

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controlled substance; provided, however, that the court may permit a servicemember or veteran to

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complete any court-approved counseling program administered or approved by the Veterans'

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Administration, and his or her driver's license shall be suspended for thirty (30) days up to one

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hundred eighty (180) days. The sentencing judge shall prohibit that person from operating a

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motor vehicle that is not equipped with an ignition interlock system as provided in section 31-27-

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2.8, and his or her driver's license shall be suspended until such time as a certified interlock

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system is installed in his or her vehicle(s) in accordance with this chapter.

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     (ii) Every person convicted of a first violation whose blood alcohol concentration is one-

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tenth of one percent (.1%) by weight or above but less than fifteen hundredths of one percent

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(.15%) or whose blood alcohol concentration is unknown shall be subject to a fine of not less than

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one hundred ($100) dollars nor more than four hundred dollars ($400) and shall be required to

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perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned

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for up to one year. The sentence may be served in any unit of the adult correctional institutions in

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the discretion of the sentencing judge. The person's driving license shall be suspended for a

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period of three (3) months to twelve (12) months. The sentencing judge shall require attendance

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at a special course on driving while intoxicated or under the influence of a controlled substance

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and/or alcoholic or drug treatment for the individual; provided, however, that the court may

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permit a servicemember or veteran to complete any court-approved counseling program

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administered or approved by the Veterans' Administration. The sentencing judge shall prohibit

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that person from operating a motor vehicle that is not equipped with an ignition interlock system

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as provided in section 31-27-2.8, and his or her driver's license shall be suspended until such time

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as a certified interlock system is installed in his or her vehicle(s) in accordance with this chapter.

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     (iii) Every person convicted of a first offense whose blood alcohol concentration is

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fifteen hundredths of one percent (.15%) or above, or who is under the influence of a drug,

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toluene, or any controlled substance as defined in subdivision (b)(1) shall be subject to a fine of

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five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of

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public community restitution and/or shall be imprisoned for up to one year. The sentence may be

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served in any unit of the adult correctional institutions in the discretion of the sentencing judge.

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The person's driving license shall be suspended for a period of three (3) months to eighteen (18)

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months. The sentencing judge shall require attendance at a special course on driving while

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intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for

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the individual; provided, however, that the court may permit a servicemember or veteran to

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complete any court-approved counseling program administered or approved by the Veterans'

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Administration. The sentencing judge shall prohibit that person from operating a motor vehicle

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that is not equipped with an ignition interlock system as provided in section 31-27-2.8, and his or

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her driver's license shall be suspended until such time as a certified interlock system is installed in

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his or her vehicle(s) in accordance with this chapter.

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      (2) (i) Every person convicted of a second violation within a five (5) year period with a

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blood alcohol concentration of eight one-hundredths of one percent (.08%) or above but less than

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fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is unknown or

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who has a blood presence of any controlled substance as defined in subdivision (b)(2), and every

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person convicted of a second violation within a five (5) year period regardless of whether the

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prior violation and subsequent conviction was a violation and subsequent conviction under this

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statute or under the driving under the influence of liquor or drugs statute of any other state, shall

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be subject to a mandatory fine of four hundred dollars ($400). The person's driving license shall

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be suspended for a period of one year to two (2) years, and the The individual shall be sentenced

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to not less than ten (10) days nor more than one year in jail. The sentence may be served in any

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unit of the adult correctional institutions in the discretion of the sentencing judge; however, not

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less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing

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judge shall require alcohol or drug treatment for the individual; provided, however, that the court

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may permit a servicemember or veteran to complete any court-approved counseling program

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administered or approved by the Veterans' Administration. and may prohibit that person from

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operating a motor vehicle that is not equipped with an ignition interlock system for a period of

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one year to two (2) years following the completion of the sentence as provided in section 31-27-

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2.8. The sentencing judge shall prohibit that person from operating a motor vehicle that is not

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equipped with an ignition interlock system as provided in section 31-27-2.8, and his or her

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driver's license shall be suspended until such time as a certified interlock system is installed in his

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or her vehicle(s) in accordance with this chapter.

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      (ii) Every person convicted of a second violation within a five (5) year period whose

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blood alcohol concentration is fifteen hundredths of one percent (.15%) or above by weight as

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shown by a chemical analysis of a blood, breath, or urine sample or who is under the influence of

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a drug, toluene, or any controlled substance as defined in subdivision (b)(1) shall be subject to

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mandatory imprisonment of not less than six (6) months nor more than one year, and a mandatory

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fine of not less than one thousand dollars ($1,000) and a mandatory license suspension for a

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period of two (2) years from the date of completion of the sentence imposed under this

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subsection. The sentencing judge shall require alcohol or drug treatment for the individual;

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provided, however, that the court may permit a servicemember or veteran to complete any court

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approved counseling program administered or approved by the Veterans' Administration. The

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sentencing judge shall prohibit that person from operating a motor vehicle that is not equipped

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with an ignition interlock system as provided in section 31-27-2.8 and his or her driver's license

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shall be suspended until such time as a certified interlock system is installed in his or her

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vehicle(s) in accordance with this chapter.

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      (3) (i) Every person convicted of a third or subsequent violation within a five (5) year

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period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above

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but less than fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is

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unknown or who has a blood presence of any scheduled controlled substance as defined in

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subdivision (b)(2) regardless of whether any prior violation and subsequent conviction was a

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violation and subsequent conviction under this statute or under the driving under the influence of

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liquor or drugs statute of any other state, shall be guilty of a felony and be subject to a mandatory

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fine of four hundred dollars ($400) dollars. The person's driving license shall be suspended for a

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period of two (2) years to three (3) years, and the The individual shall be sentenced to not less

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than one year and not more than three (3) years in jail. The sentence may be served in any unit of

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the adult correctional institutions in the discretion of the sentencing judge; however, not less than

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forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall

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require alcohol or drug treatment for the individual; provided, however, that the court may permit

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a servicemember or veteran to complete any court-approved counseling program administered or

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approved by the Veterans' Administration, and may shall prohibit that person from operating a

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motor vehicle that is not equipped with an ignition interlock system for a period of two (2) years

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following the completion of the sentence as provided in section 31-27-2.8, and his or her driver's

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license shall be suspended until such time as a certified interlock system is installed in his or her

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vehicle(s) in accordance with this chapter.

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      (ii) Every person convicted of a third or subsequent violation within a five (5) year

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period whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above by

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weight as shown by a chemical analysis of a blood, breath, or urine sample or who is under the

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influence of a drug, toluene or any controlled substance as defined in subdivision (b)(1) shall be

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subject to mandatory imprisonment of not less than three (3) years nor more than five (5) years,

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and a mandatory fine of not less than one thousand dollars ($1,000) nor more than five thousand

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dollars ($5,000) and a mandatory license suspension for a period of three (3) years from the date

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of completion of the sentence imposed under this subsection. The sentencing judge shall require

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alcohol or drug treatment for the individual. The sentencing judge shall prohibit that person from

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operating a motor vehicle that is not equipped with an ignition interlock system as provided in

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section 31-27-2.8. The person's driver's license shall be suspended until such time as a certified

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interlock system is installed in his or her vehicle(s) in accordance with this section.

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      (iii) In addition to the foregoing penalties, every person convicted of a third or

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subsequent violation within a five (5) year period regardless of whether any prior violation and

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subsequent conviction was a violation and subsequent conviction under this statute or under the

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driving under the influence of liquor or drugs statute of any other state shall be subject, in the

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discretion of the sentencing judge, to having the vehicle owned and operated by the violator

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seized and sold by the state of Rhode Island, with all funds obtained by the sale to be transferred

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to the general fund.

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      (4) Whoever drives or otherwise operates any vehicle in the state while under the

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influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in

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chapter 28 of title 21, or any combination of these, when his or her license to operate is

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suspended, revoked or cancelled for operating under the influence of a narcotic drug or

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intoxicating liquor shall be guilty of a felony punishable by imprisonment for not more than three

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(3) years and by a fine or not more than three thousand dollars ($3,000). The court shall require

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alcohol and/or drug treatment for the individual; provided, the penalties provided for in

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subdivision 31-27-2(d)(4) shall not apply to an individual who has surrendered his or her license,

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and served the court ordered period of suspension, but who, for any reason, has not had their

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license reinstated after the period of suspension, revocation, or suspension has expired; provided,

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further the individual shall be subject to the provisions of paragraphs 31-27-2(d)(2)(i) or (ii) or

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31-27-22(d)(3)(i), (ii), or (iii) regarding subsequent offenses, and any other applicable provision

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of section 31-27-2.

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      (5) (i) For purposes of determining the period of license suspension, a prior violation

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shall constitute any charge brought and sustained under the provisions of this section or section

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31-27-2.1.

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      (ii) Any person over the age of eighteen (18) who is convicted under this section for

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operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of

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these, while a child under the age of thirteen (13) years was present as a passenger in the motor

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vehicle when the offense was committed may be sentenced to a term of imprisonment of not more

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than one year and further shall not be entitled to the benefit of suspension or deferment of this

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sentence. The sentence imposed under this section may be served in any unit of the adult

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correctional institutions in the discretion of the sentencing judge.

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      (6) (i) Any person convicted of a violation under this section shall pay a highway

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assessment fine of five hundred dollars ($500) which shall be deposited into the general fund. The

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assessment provided for by this subsection shall be collected from a violator before any other

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fines authorized by this section.

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      (ii) Any person convicted of a violation under this section shall be assessed a fee of

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eighty-six dollars ($86).

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      (7) (i) If the person convicted of violating this section is under the age of eighteen (18)

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years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of

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public community restitution, and the juvenile's driving license shall be suspended for a period of

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six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing

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judge shall also require attendance at a special course on driving while intoxicated or under the

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influence of a controlled substance and alcohol or drug education and/or treatment for the

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juvenile. The juvenile may also be required to pay a highway assessment fine of no more than

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five hundred dollars ($500), and the assessment imposed shall be deposited into the general fund.

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      (ii) If the person convicted of violating this section is under the age of eighteen (18)

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years, for a second or subsequent violation regardless of whether any prior violation and

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subsequent conviction was a violation and subsequent under this statute or under the driving

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under the influence of liquor or drugs statute of any other state, he or she shall be subject to a

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mandatory suspension of his or her driving license until such time as he or she is twenty-one (21)

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years of age and may, in the discretion of the sentencing judge, also be sentenced to the Rhode

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Island training school for a period of not more than one year and/or a fine of not more than five

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hundred dollars ($500).

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      (8) Any person convicted of a violation under this section may undergo a clinical

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assessment at the community college of Rhode Island 's center for workforce and community

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education. Should this clinical assessment determine problems of alcohol, drug abuse, or

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psychological problems associated with alcoholic or drug abuse, this person shall be referred to

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an appropriate facility, licensed or approved by the department of mental health, retardation and

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hospitals for treatment placement, case management, and monitoring. In the case of a

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servicemember or veteran, the court may order that the person be evaluated through the Veterans'

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Administration. Should the clinical assessment determine problems of alcohol, drug abuse, or

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psychological problems associated with alcohol or drug abuse, the person may have their

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treatment, case management and monitoring administered or approved by the Veterans'

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Administration.

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      (e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol

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per one hundred (100) cubic centimeters of blood.

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      (f) (1) There is established an alcohol and drug safety unit within the division of motor

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vehicles to administer an alcohol safety action program. The program shall provide for placement

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and follow-up for persons who are required to pay the highway safety assessment. The alcohol

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and drug safety action program will be administered in conjunction with alcohol and drug

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programs licensed by the department of mental health retardation and hospitals.

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      (2) Persons convicted under the provisions of this chapter shall be required to attend a

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special course on driving while intoxicated or under the influence of a controlled substance,

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and/or participate in an alcohol or drug treatment program; provided, however, that the court may

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permit a servicemember or veteran to complete any court-approved counseling program

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administered or approved by the Veterans' Administration. The course shall take into

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consideration any language barrier which may exist as to any person ordered to attend, and shall

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provide for instruction reasonably calculated to communicate the purposes of the course in

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accordance with the requirements of the subsection. Any costs reasonably incurred in connection

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with the provision of this accommodation shall be borne by the person being retrained. A copy of

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any violation under this section shall be forwarded by the court to the alcohol and drug safety

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unit. In the event that persons convicted under the provisions of this chapter fail to attend and

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complete the above course or treatment program, as ordered by the judge, then the person may be

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brought before the court, and after a hearing as to why the order of the court was not followed,

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may be sentenced to jail for a period not exceeding one year.

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      (3) The alcohol and drug safety action program within the division of motor vehicles

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shall be funded by general revenue appropriations.

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      (g) The director of the health department of the state of Rhode Island is empowered to

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make and file with the secretary of state regulations which prescribe the techniques and methods

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of chemical analysis of the person's body fluids or breath, and the qualifications and certification

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of individuals authorized to administer this testing and analysis.

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      (h) Jurisdiction for misdemeanor violations of this section shall be with the district court

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for persons eighteen (18) years of age or older and to the family court for persons under the age

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of eighteen (18) years. The courts shall have full authority to impose any sentence authorized and

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to order the suspension of any license for violations of this section. All trials in the district court

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and family court of violations of the section shall be scheduled within thirty (30) days of the

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arraignment date. No continuance or postponement shall be granted except for good cause shown.

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Any continuances that are necessary shall be granted for the shortest practicable time. Trials in

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superior court are not required to be scheduled within thirty (30) days of the arraignment date.

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      (i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on

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driving while intoxicated or under the influence of a controlled substance, public community

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restitution, or jail provided for under this section can be suspended.

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      (j) An order to attend a special course on driving while intoxicated that shall be

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administered in cooperation with a college or university accredited by the state, shall include a

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provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars

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($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into

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the general fund.

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      (k) For the purposes of this section, any test of a sample of blood, breath, or urine for the

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presence of alcohol, which relies in whole or in part upon the principle of infrared light

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absorption is considered a chemical test.

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      (l) If any provision of this section or the application of any provision shall for any reason

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be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the

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section, but shall be confined in this effect to the provision or application directly involved in the

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controversy giving rise to the judgment.

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      (m) For the purposes of this section, "servicemember" means a person who is presently

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serving in the armed forces of the United States including the Coast Guard, a reserve component

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thereof, or the National Guard. "Veteran" means a person who has served in the armed forces,

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including the Coast Guard of the United States, a reserve component thereof, or the National

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Guard, and has been discharged under other than dishonorable conditions.

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     31-27-2.1. Refusal to submit to chemical test. -- (a) Any person who operates a motor

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vehicle within this state shall be deemed to have given his or her consent to chemical tests of his

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or her breath, blood, and/or urine for the purpose of determining the chemical content of his or

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her body fluids or breath. No more than two (2) complete tests, one for the presence of

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intoxicating liquor and one for the presence of toluene or any controlled substance, as defined in

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section 21-28-1.02(7), shall be administered at the direction of a law enforcement officer having

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reasonable grounds to believe the person to have been driving a motor vehicle within this state

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while under the influence of intoxicating liquor, toluene, or any controlled substance, as defined

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in chapter 28 of title 21, or any combination of these. The director of the department of health is

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empowered to make and file with the secretary of state, regulations which prescribe the

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techniques and methods of chemical analysis of the person's body fluids or breath and the

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qualifications and certification of individuals authorized to administer the testing and analysis.

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      (b) If a person for religious or medical reasons cannot be subjected to blood tests, the

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person may file an affidavit with the division of motor vehicles stating the reasons why he or she

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cannot be required to take blood tests, and a notation to this effect shall be made on his or her

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license. If that person is asked to submit to chemical tests as provided under this chapter, the

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person shall only be required to submit to chemical tests of his or her breath or urine. When a

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person is requested to submit to blood tests, only a physician or registered nurse or a medical

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technician certified under regulations promulgated by the director of the department of health

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may withdraw blood for the purpose of determining the alcoholic content in it. This limitation

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shall not apply to the taking of breath or urine specimens. The person tested shall be permitted to

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have a physician of his or her own choosing and at his or her own expense administer chemical

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tests of his or her breath, blood, and/or urine in addition to the tests administered at the direction

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of a law enforcement officer. If a person having been placed under arrest refuses upon the request

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of a law enforcement officer to submit to the tests, as provided in section 31-27-2, none shall be

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given, but a judge or magistrate of the traffic tribunal or district court judge, upon receipt of a

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report of a law enforcement officer: that he or she had reasonable grounds to believe the arrested

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person had been driving a motor vehicle within this state under the influence of intoxicating

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liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any

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combination of these; that the person had been informed of his or her rights in accordance with

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section 31-27-3; that the person had been informed of the penalties incurred as a result of

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noncompliance with this section; and that the person had refused to submit to the tests upon the

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request of a law enforcement officer; shall promptly order that the person's operator's license or

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privilege to operate a motor vehicle in this state be immediately suspended and that the person's

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license be surrendered within five (5) days of notice of suspension. A traffic tribunal judge or

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magistrate or a district court judge pursuant to the terms of subsection (c) of this section shall

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order as follows:

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      (1) Impose for the first violation a fine in the amount of two hundred dollars ($200) to

10-60

five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of

10-61

public community restitution. The person's driving license in this state shall be suspended for a

10-62

period of six (6) months to one year. The traffic tribunal judge or magistrate shall require

10-63

attendance at a special course on driving while intoxicated or under the influence of a controlled

10-64

substance and/or alcohol or drug treatment for the individual. The judge shall prohibit that person

10-65

from operating a motor vehicle that is not equipped with an ignition interlock system as provided

10-66

in section 31-27-2.8, and his or her driver's license shall be suspended until such time as a

10-67

certified interlock system is installed in his or her vehicle(s) in accordance with this chapter.

11-68

     (2) Every person convicted for a second violation within a five (5) year period shall be

11-69

guilty of a misdemeanor, shall be imprisoned for not more than six (6) months and shall pay a

11-70

fine in the amount of six hundred dollars ($600) to one thousand dollars ($1,000), and order the

11-71

person to perform sixty (60) to one hundred (100) hours of public community restitution, and the

11-72

person's driving license in this state shall be suspended for a period of one year to two (2) years.

11-73

The judge shall require alcohol and/or drug treatment for the individual. The judge shall prohibit

11-74

that person from operating a motor vehicle that is not equipped with an ignition interlock system

11-75

as provided in section 31-27-2.8, and his or her driver's license shall be suspended until such time

11-76

as a certified interlock system is installed in his or her vehicle(s) in accordance with this chapter.

11-77

      (3) Every person convicted for a third or subsequent violation within a five (5) year

11-78

period shall be guilty of a misdemeanor and shall be imprisoned for not more than one year, fined

11-79

eight hundred dollars ($800) to one thousand dollars ($1,000), and order the person to perform

11-80

not less than one hundred (100) hours of public community restitution, and the person's operator's

11-81

license in this state shall be suspended for a period of two (2) years to five (5) years. The judge

11-82

shall require alcohol or drug treatment for the individual. The judge shall prohibit that person

11-83

from operating a motor vehicle that is not equipped with an ignition interlock system as provided

11-84

in section 31-27-2.8, and his or her driver's license shall be suspended until such time as a

11-85

certified interlock system is installed in his or her vehicle(s) in accordance with this chapter.

11-86

Provided, that prior to the reinstatement of a license to a person charged with a third or

11-87

subsequent violation within a three (3) year period, a hearing shall be held before a judge. At the

11-88

hearing the judge shall review the person's driving record, his or her employment history, family

11-89

background, and any other pertinent factors that would indicate that the person has demonstrated

11-90

behavior which warrants the reinstatement of his or her license.

11-91

      (4) For purposes of determining the period of license suspension, a prior violation shall

11-92

constitute any charge brought and sustained under the provisions of this section or section 31-27-

11-93

2.

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      (5) In addition to any other fines, a highway safety assessment of five hundred dollars

11-95

($500) shall be paid by any person found in violation of this section, the assessment to be

11-96

deposited into the general fund. The assessment provided for by this subsection shall be collected

11-97

from a violator before any other fines authorized by this section.

11-98

      (6) In addition to any other fines and highway safety assessments, a two hundred dollar

11-99

($200) assessment shall be paid by any person found in violation of this section to support the

11-100

department of health's chemical testing programs outlined in section 31-27-2(4), which shall be

11-101

deposited as general revenues, not restricted receipts.

12-102

      (7) No fines, suspensions, assessments, alcohol or drug treatment programs, course on

12-103

driving while intoxicated or under the influence of a controlled substance, or public community

12-104

restitution provided for under this section, can be suspended.

12-105

      (c) Upon suspending or refusing to issue a license or permit as provided in subsection (a)

12-106

of this section, the traffic tribunal or district court shall immediately notify the person involved in

12-107

writing, and upon his or her request, within fifteen (15) days shall afford the person an

12-108

opportunity for a hearing as early as practical upon receipt of a request in writing. Upon a hearing

12-109

the judge may administer oaths and may issue subpoenas for the attendance of witnesses and the

12-110

production of relevant books and papers. If the judge finds after the hearing that: (1) the law

12-111

enforcement officer making the sworn report had reasonable grounds to believe that the arrested

12-112

person had been driving a motor vehicle within this state while under the influence of intoxicating

12-113

liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any

12-114

combination of these; (2) the person while under arrest refused to submit to the tests upon the

12-115

request of a law enforcement officer; (3) the person had been informed of his or her rights in

12-116

accordance with section 31-27-3; and (4) the person had been informed of the penalties incurred

12-117

as a result of noncompliance with this section; the judge shall sustain the violation. The judge

12-118

shall then impose the penalties set forth in subsection (b) of this section. Action by the judge must

12-119

be taken within seven (7) days after the hearing, or it shall be presumed that the judge has refused

12-120

to issue his or her order of suspension.

12-121

      (d) For the purposes of this section, any test of a sample of blood, breath, or urine for the

12-122

presence of alcohol which relies in whole or in part upon the principle of infrared light absorption

12-123

is considered a chemical test.

12-124

      (e) If any provision of this section or the application of any provision shall for any

12-125

reason be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the

12-126

section, but shall be confined in this effect to the provisions or application directly involved in the

12-127

controversy giving rise to the judgment.

12-128

     31-27-2.8. Ignition interlock system imposed as part of sentence -- Requirements. –

12-129

(a) Any person convicted under the provisions of section 31-27-2(d)(1), (2) or (3) or section 31-

12-130

27-2.1(b)(2) or (3) or whose violation is sustained under the provisions of section 31-27-2.1(b)(1)

12-131

may be prohibited by the sentencing judge or magistrate from operating a motor vehicle that is

12-132

not equipped with an ignition interlock system for a period of not more than two (2) years

12-133

following the completion of any sentence imposed pursuant to that section.

12-134

     (b) Notwithstanding any other provision contained in this chapter, after a finding of

12-135

eligibility, an ignition interlock system shall be ordered by the court or traffic tribunal as follows:

13-136

     (1) For a violation of subsections 31-27-2(d)(1) and 31-27-2.1(b)(1), a person shall be

13-137

subject to the imposition of an ignition interlock system for six (6) months to one year.

13-138

     (2) For a violation of section 31-27-2(d)(2) or section 31-27-2.1 (b)(2), a person shall be

13-139

subject to the imposition of an ignition interlock system for six (6) months to two (2) years.

13-140

     (3) For a violation of section 31-27-2(d)(3) or section 31-27-2.1(b)(3), a person shall be

13-141

subject to the imposition of an ignition interlock system for a period of one to four (4) years.

13-142

     (4) Any person convicted of an offense of driving under the influence of liquor or drugs

13-143

resulting in death, section 31-27-2.2, driving under the influence of liquor or drugs resulting in

13-144

serious bodily injury, section 31-27-2.6, driving to endanger resulting in death, section 31-27-1,

13-145

or driving to endanger resulting in serious bodily injury, section 31-27-1.1 shall, in addition to

13-146

any other penalties provided by law, be prohibited from operating a motor vehicle which is not

13-147

equipped with an approved ignition interlock system for one to five (5) years.

13-148

     (d) Any person who operates a motor vehicle with a suspended license and the reason for

13-149

the suspension was due to a conviction of driving under the influence of drugs or alcohol or a

13-150

sustained violation or conviction of refusal to submit to a chemical test, shall be subject to the

13-151

imposition of an additional six (6) month’s use of the ignition interlock system ordered by the

13-152

court.

13-153

     (e) When the court orders the use of an ignition interlock system, the judge or magistrate

13-154

shall cause an appropriate notation to be made on the person's record which clearly sets forth the

13-155

requirement for and the period of the use of the ignition interlock system.

13-156

     (f) In addition to the requirements of subsection (e) of this section, the court or traffic

13-157

tribunal shall:

13-158

     (1) Require proof of the installation of the ignition interlock system and periodic

13-159

reporting by the person for the purpose of verification of the proper operation of the ignition

13-160

interlock system;

13-161

     (2) Require the person to have the ignition interlock system monitored for the proper use

13-162

and accuracy by a person, firm, corporation or other association to be approved by the division of

13-163

motor vehicles at least once every six (6) months, or more frequently as the circumstances may

13-164

require; and

13-165

     (3) Shall require the person to pay the reasonable cost of leasing or buying, monitoring

13-166

and maintenance of the ignition interlock system unless the defendant is indigent as defined by

13-167

sections 12-20-10 and 12-21-20.

13-168

     (g) If a person is required, in the course of the person's employment, to operate a motor

13-169

vehicle owned or provided by the person's employer, the person may operate that motor vehicle

13-170

in the course of the person's employment without installation of an ignition interlock system if the

14-1

court makes specific findings expressly permitting the person to operate in the course of the

14-2

person's employment a motor vehicle that is not equipped with an ignition interlock system.

14-3

     (h) Any person subject to an ignition interlock order who violates such order shall be

14-4

guilty of a misdemeanor punishable by up to one year imprisonment or a fine of up to one

14-5

thousand dollars ($1,000), or both. For the purposes of this subsection, a violation of the interlock

14-6

order, includes, but is not limited to:

14-7

     (1) Altering, tampering or in any way attempting to circumvent the operation of an

14-8

ignition interlock system that has been installed in the motor vehicle of a person under this

14-9

section;

14-10

     (2) Operating a motor vehicle that is not equipped with an ignition interlock system;

14-11

     (3) Soliciting or attempting to have another person start a motor vehicle equipped with an

14-12

ignition interlock system for the purpose of providing an operable motor vehicle to a person who

14-13

is prohibited from operating a motor vehicle that is not equipped with an ignition interlock

14-14

system; or

14-15

     (4) Operating a motor vehicle with a blood alcohol level above the mandated interlock

14-16

blood alcohol level.

14-17

     (i) Any person who attempts to start or starts a motor vehicle equipped with an ignition

14-18

interlock system, tampers with or in any way attempts to circumvent, the operation of an ignition

14-19

interlock system that has been installed in the motor vehicle for the purpose of providing an

14-20

operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not

14-21

equipped with an ignition interlock system shall be guilty of a misdemeanor punishable by up to

14-22

one year imprisonment or a fine of up to one thousand dollars ($1,000), or both.

14-23

     SECTION 2. Sections 31-49-2, 31-49-3, 31-49-4, 31-49-5 and 31-49-6 of the General

14-24

Laws in Chapter 31-49 entitled "Ignition Interlock Systems" are hereby amended to read as

14-25

follows:

14-26

     31-49-2. Certification of ignition interlock systems. -- The division of motor vehicles

14-27

shall certify or cause to be certified ignition interlock systems for use in the state, and adopt rules

14-28

and regulations for the certification and requirements for participation of the ignition interlock

14-29

systems. All costs associated with the installation of the interlock ignition systems shall be borne

14-30

by the person required to install said system and the division shall charge an administrative fee of

14-31

one hundred dollars ($100) to the person ordered to install said system unless the defendant is

14-32

indigent as defined by sections 12-20-10 and 12-21-20.

14-33

     31-49-3. Rules and regulations. -- The rules and regulations adopted pursuant to section

14-34

31-49-2 shall include requirements that ignition interlock systems:

15-1

     (a) Requirements that ignition interlocks systems:

15-2

     (1) Do not impede the safe operation of the vehicle;

15-3

      (2) Minimize opportunities to be bypassed;

15-4

      (3) Correlate accurately with established measures of blood alcohol levels;

15-5

      (4) Work accurately and reliably in an unsupervised environment;

15-6

      (5) Require a proper and accurate measure of blood alcohol levels;

15-7

      (6) Resist tampering and provide evidence of attempted tampering;

15-8

      (7) Are difficult to circumvent, and require premeditation to circumvent;

15-9

      (8) Minimize inconvenience to a sober user;

15-10

      (9) Are manufactured by a party responsible for installation, user training, service and

15-11

maintenance;

15-12

      (10) Operate reliably over the range of motor vehicle environments or motor vehicle

15-13

manufacturing standards;

15-14

      (11) Are manufactured by a person who is adequately insured for products liability; and

15-15

      (12) Provide the option for an electronic log of the driver's experience with the system.

15-16

      (b) Prior to the reinstatement of a non-restricted license, the division of motor vehicles

15-17

shall review the person’s driving record and compliance with the ignition interlock order to

15-18

ensure that the person demonstrated behavior which warrants the reinstatement of his or her

15-19

license.

15-20

     31-49-4. Warning label. -- (a) (1) The division of motor vehicles shall design and adopt

15-21

a warning label to be affixed to an ignition interlock system on installation. The warning label

15-22

shall state that a person tampering with, circumventing, or otherwise misusing the ignition

15-23

interlock system is guilty of a misdemeanor, and on conviction, is subject to a fine up to five

15-24

hundred dollars ($500) one thousand dollars ($1000), or one year imprisonment, or both.

15-25

      (2) If the court imposes the use of an ignition interlock system, the sentencing judge

15-26

shall cause an appropriate notation to be made on the person's record which clearly sets forth the

15-27

requirement for and the period of the use of the system.

15-28

      (b) In addition to the requirements of subsection (a) of this section, the court shall:

15-29

      (1) Require proof of the installation of the system and periodic reporting by the person

15-30

for the purpose of verification of the proper operation of the system; and

15-31

      (2) Require the person to have the system monitored for the proper use and accuracy by

15-32

a person, firm, corporation or other association to be approved by the department of revenue at

15-33

least once every six (6) months, or more frequently as the circumstances may require; and

16-34

      (3) Shall require the person to pay the reasonable cost of leasing or buying, monitoring

16-35

and maintenance of the system.

16-36

      (c) A person prohibited under this section from operating a motor vehicle that is not

16-37

equipped with an ignition interlock system may not solicit or have another person attempt to start

16-38

or start a motor vehicle equipped with an ignition interlock system.

16-39

      (d) A person may not attempt to start or start a motor vehicle equipped with an ignition

16-40

interlock system for the purpose of providing an operable motor vehicle to a person who is

16-41

prohibited under this section from operating a motor vehicle that is not equipped with an ignition

16-42

interlock system.

16-43

      (e) A person may not tamper with, or in any way attempt to circumvent, the operation of

16-44

an ignition interlock system that has been installed in the motor vehicle of a person under this

16-45

section.

16-46

      (f) (1) Subject to the provisions of subdivision (2) of this subsection, a person may not

16-47

knowingly furnish a motor vehicle not equipped with a functioning ignition interlock system to

16-48

another person who the person knows is prohibited under subsection (b) of this section from

16-49

operating a motor vehicle not equipped with an ignition interlock system.

16-50

      (2) If a person is required, in the course of the person's employment, to operate a motor

16-51

vehicle owned or provided by the person's employer, the person may operate that motor vehicle

16-52

in the course of the person's employment without installation of an ignition interlock system if the

16-53

court has expressly permitted the person to operate in the course of the person's employment a

16-54

motor vehicle that is not equipped with an ignition interlock system.

16-55

      (g) Any person who shall violate the provisions of this section shall be guilty of a

16-56

misdemeanor.

16-57

     31-49-5. List of certified ignition interlock systems. -- (a) The administration division

16-58

of motor vehicles shall publish a list of certified ignition interlock systems which shall be

16-59

included on the division of motor vehicles website.

16-60

      (b) A manufacturer of an ignition interlock system that seeks to sell or lease the ignition

16-61

interlock system to persons subject to the provisions of section 31-27-2 shall pay the costs of

16-62

obtaining the required certification.

16-63

     (c) Said manufacturer who shall install and monitor said systems shall be approved by the

16-64

division of motor vehicles every year. Said manufacturer shall also submit quarterly reports

16-65

concerning proof of installation and proper use of said ignition interlock systems to the division

16-66

of motor vehicles, which will be aggregated by the division of motor vehicles and sent to the

16-67

appropriate court.

17-68

     31-49-6. Selling or leasing ignition interlock systems. -- (a) A person may not sell or

17-69

lease or offer to sell or lease an ignition interlock system to a person subject to the provisions of

17-70

section 31-27-2 31-27-2.8 unless:

17-71

      (1) The system has been certified by the department division of motor vehicles; and

17-72

      (2) A warning label approved by the department division of motor vehicles is affixed to

17-73

the system stating that a person who tampers, circumvents, or otherwise misuses the system is

17-74

guilty of a misdemeanor, and on conviction is subject to a fine up to five hundred dollars ($500)

17-75

one thousand dollars ($1,000), or one year imprisonment, or both.

17-76

      (b) A person who sells or leases ignition interlock systems in the state shall:

17-77

      (1) Monitor the use of the system as required by the court courts and the traffic tribunal;

17-78

and

17-79

      (2) Issue a report of the results of the monitoring to the appropriate office of the courts,

17-80

the traffic tribunal and the division of parole and probation.

17-81

     SECTION 3. This act shall take effect on January 1, 2014.

=======

LC01073

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - MOTOR VEHICLE OFFENSES

***

18-1

     This act would mandate the installation of ignition interlock systems after convictions for

18-2

driving under the influence or refusal.

18-3

     This act would take effect on January 1, 2014.

=======

LC01073

=======