2021 -- H 5094

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LC000586

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES

     

     Introduced By: Representative Jason Knight

     Date Introduced: January 22, 2021

     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, 31-27-2.5 and 31-27-2.8 of the General Laws

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in Chapter 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.

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

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

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title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in

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subsection (d)(3), and shall be punished as provided in subsection (d) of this section.

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     (b)(1) Any person charged under subsection (a), whose blood alcohol concentration is eight

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one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis of a

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blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall not

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preclude a conviction based on other admissible evidence. Proof of guilt under this section may

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also be based on evidence that the person charged was under the influence of intoxicating liquor,

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

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these, to a degree that rendered the person incapable of safely operating a vehicle. The fact that any

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person charged with violating this section is, or has been, legally entitled to use alcohol or a drug

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shall not constitute a defense against any charge of 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 analysis

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

 

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subsection (d).

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     (c) In any criminal prosecution for a violation of subsection (a), evidence as to the amount

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

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any combination of these, in the defendant's blood at the time alleged as shown by a chemical

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analysis of the defendant's breath, blood, or urine or other bodily substance, shall be admissible and

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competent, provided that evidence is presented that the following conditions have been complied

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with:

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

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

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defendant elects to testify.

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     (2) A true copy of the report of the test result was hand delivered at the location of the test

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or mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath

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test.

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

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

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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 tested

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

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provided, and breathalyzer operators shall be qualified and certified by the department of health

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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), was afforded the opportunity to

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have an additional chemical test. The officer arresting or so charging the person shall have informed

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the person of this right and afforded him or her a reasonable opportunity to exercise this right, and

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a notation to this effect is made in the official records of the case in the police department. Refusal

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to permit an additional chemical test shall render incompetent and inadmissible in evidence the

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original report.

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     (d)(1)(i) Every person found to have violated subsection (b)(1) shall be sentenced as

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follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one

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percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood presence

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of any scheduled controlled substance as defined in subsection (b)(2) chapter 28 of title 21, shall

 

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

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

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and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult

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correctional institutions in the discretion of the sentencing judge and/or shall be required to attend

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

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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, and his

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or her driver's license shall be suspended for thirty (30) days up to one hundred eighty (180) days.

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The sentencing judge or magistrate may prohibit that person from operating a motor vehicle,

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pursuant to §§ 31-27-2(d)(9) or 31-27-2 (d)(10), that is not equipped with an ignition interlock

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system and/or blood and urine testing as provided in § 31-27-2.8.

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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 for

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

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

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three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special

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course on driving while intoxicated or under the influence of a controlled substance and/or

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alcoholic or drug treatment for the individual; provided, however, that the court may permit a

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

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approved by the Veterans' Administration. The sentencing judge or magistrate may prohibit that

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

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provided in § 31-27-2.8.

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

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

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controlled substance as defined in subsection (b)(1), shall be subject to a fine of five hundred dollars

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($500) and shall be required to perform twenty (20) 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. The person's driving

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license shall be suspended for a period of three (3) months to eighteen (18) months. The sentencing

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

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of a controlled substance and/or alcohol or drug treatment for the individual; provided, however,

 

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

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

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magistrate shall prohibit that person from operating a motor vehicle, pursuant to §§ 31-27-2(d)(9)

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or 31-27-2(d)(10), that is not equipped with an ignition interlock system and/or blood and urine

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testing as provided in § 31-27-2.8.

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     (2)(i) Every person convicted of a second violation within a five-year (5) 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 subsection (b)(2) chapter 28 of

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title 21, and every person convicted of a second violation within a five-year (5) period, regardless

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of whether the prior violation and subsequent conviction was a violation and subsequent conviction

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under this statute or under the driving under the influence of liquor or drugs statute of any other

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

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

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

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in any unit of the adult correctional institutions in the discretion of the sentencing judge; however,

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not 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 shall prohibit that person from

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operating a motor vehicle, pursuant to §§ 31-27-2(d)(9) or 31-27-2(d)(10), that is not equipped with

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an ignition interlock system and/or blood and urine testing as provided in § 31-27-2.8.

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

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

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

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toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to mandatory

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

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than one thousand dollars ($1,000); and a mandatory license suspension for a period of two (2)

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years from the date of completion of the sentence imposed under this subsection. 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. The sentencing judge or magistrate shall

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prohibit that person from operating a motor vehicle, pursuant to §§ 31-27-2(d)(9) or 31-27-2(d)(10),

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that is not equipped with an ignition interlock system and/or blood and urine testing as provided in

 

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§ 31-27-2.8.

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

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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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subsection (b)(2) chapter 28 of title 21, regardless of whether any prior violation and subsequent

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

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

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

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

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

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

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

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

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

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

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vehicle, pursuant to §§ 31-27-2(d)(9) or 31-27-2(d)(10), that is not equipped with an ignition

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interlock system and/or blood and urine testing as provided in § 31-27-2.8.

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

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

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by 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 subsection (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; a

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

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

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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 or magistrate shall prohibit that

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person from operating a motor vehicle, pursuant to §§ 31-27-2(d)(9) or 31-27-2(d)(10), that is not

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equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-

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2.8.

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

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

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

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

 

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sentencing judge, to having the vehicle owned and operated by the violator seized and sold by the

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state of Rhode Island, with all funds obtained by the sale to be transferred to the general fund.

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

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

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title 21, or any combination of these, when his or her license to operate is suspended, revoked, or

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cancelled for operating under the influence of a narcotic drug or intoxicating liquor, shall be guilty

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of a felony punishable by imprisonment for not more than three (3) years and by a fine of not more

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than three thousand dollars ($3,000). The court shall require alcohol and/or drug treatment for the

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individual; provided, the penalties provided for in this subsection (d)(4) shall not apply to an

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individual who has surrendered his or her license and served the court-ordered period of suspension,

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but who, for any reason, has not had his or her license reinstated after the period of suspension,

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revocation, or suspension has expired; provided, further, the individual shall be subject to the

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provisions of subdivision (d)(2)(i), (d)(2)(ii), (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) regarding subsequent

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offenses, and any other applicable provision of this section.

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

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constitute any charge brought and sustained under the provisions of this section or § 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 shall be subject to immediate license suspension pending

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prosecution. Any person convicted of violating this section shall be guilty of a misdemeanor for a

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first offense and may be sentenced to a term of imprisonment of not more than one year and a fine

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not to exceed one thousand dollars ($1,000). Any person convicted of a second or subsequent

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offense shall be guilty of a felony offense and may be sentenced to a term of imprisonment of not

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more than five (5) years and a fine not to exceed five thousand dollars ($5,000). The sentencing

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judge shall also order a license suspension of up to two (2) years, require attendance at a special

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

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or drug education and/or treatment. The individual may also be required to pay a highway

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assessment fee of no more than five hundred dollars ($500) and the assessment shall be deposited

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in the general fund.

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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) that 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 fines

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authorized by this section.

 

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

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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 juvenile.

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

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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) years,

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

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

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

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

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and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training

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school for a period of not more than one year and/or a fine of not more than five hundred dollars

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($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 an

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appropriate facility, licensed or approved by the department of behavioral healthcare,

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developmental disabilities and hospitals, for treatment placement, case management, and

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monitoring. In the case of a servicemember or veteran, the court may order that the person be

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evaluated through the Veterans' Administration. Should the clinical assessment determine problems

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of alcohol, drug abuse, or psychological problems associated with alcohol or drug abuse, the person

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may have their treatment, case management, and monitoring administered or approved by the

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Veterans' Administration.

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     (9) Notwithstanding any other sentencing and disposition provisions contained in this

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chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was

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operating a vehicle in the state while under the influence of drugs, toluene, or any controlled

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substance as evidenced by the presence of controlled substances on or about the person or vehicle,

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or other reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a

 

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preliminary breath test, results from a breathalyzer which indicates no blood alcohol concentration,

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or both, the judge or magistrate may exercise their discretion and eliminate the requirement of an

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ignition interlock system; provided, that blood and/or urine testing is mandated as a condition to

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operating a motor vehicle as provided in § 31-27-2.8.

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     (10) Notwithstanding any other sentencing and disposition provisions contained in this

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chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was

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operating a vehicle in the state while under the influence of drugs, toluene, or any controlled

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substance as evidenced by the presence of controlled substances on or about the person or vehicle,

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or other reliable indicia or articulable conditions thereof and intoxicating liquor based on a

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preliminary breath test, results from a breathalyzer which indicates blood alcohol concentration, or

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both, the judge or magistrate may require an ignition interlock system in addition to blood and/or

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urine testing as a condition to operating a motor vehicle as provided in § 31-27-2.8.

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

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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 and

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

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licensed by the department of behavioral healthcare, developmental disabilities 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, and/or

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participate in an alcohol or drug treatment program; 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. The course shall take into consideration any language

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barrier that may exist as to any person ordered to attend, and shall provide for instruction reasonably

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calculated to communicate the purposes of the course in accordance with the requirements of the

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subsection. Any costs reasonably incurred in connection with the provision of this accommodation

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shall be borne by the person being retrained. A copy of any violation under this section shall be

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forwarded by the court to the alcohol and drug safety unit. In the event that persons convicted under

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the provisions of this chapter fail to attend and complete the above course or treatment program, as

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ordered by the judge, then the person may be brought before the court, and after a hearing as to

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why the order of the court was not followed, may be sentenced to jail for a period not exceeding

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one year.

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

 

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be funded by general revenue appropriations.

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     (g) The director of the department of health is empowered to make and file with the

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secretary of state regulations that prescribe the techniques and methods of chemical analysis of the

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person's body fluids or breath and the qualifications and certification of individuals authorized to

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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 of

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

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

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

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

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

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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 that relies in whole or in part upon the principle of infrared light absorption is

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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 Guard,

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and has been discharged under other than dishonorable conditions.

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     31-27-2.1. Refusal to submit to chemical test.

 

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     (a) Any person who operates a motor vehicle within this state shall be deemed to have

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given his or her consent to chemical tests of his or her breath, blood, and/or urine for the purpose

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of determining the chemical content of his or her body fluids or breath. No more than two (2)

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complete tests, one for the presence of intoxicating liquor and one for the presence of toluene or

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any controlled substance, as defined in § 21-28-1.02(8), shall be administered at the direction of a

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law enforcement officer having reasonable grounds to believe the person to have been driving a

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motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any

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controlled substance, as defined in chapter 28 of title 21, or any combination of these. The director

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of the department of health is empowered to make and file, with the secretary of state, regulations

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

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

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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 person

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

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

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certified under regulations promulgated by the director of the department of health, may withdraw

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blood for the purpose of determining the alcoholic content in it. This limitation shall not apply to

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the taking of breath or urine specimens. The person tested shall be permitted to have a physician of

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his or her own choosing, and at his or her own expense, administer chemical tests of his or her

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breath, blood, and/or urine in addition to the tests administered at the direction of a law enforcement

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

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officer to submit to the tests, as provided in § 31-27-2, none shall be given. , but a judge or

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

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law enforcement officer: that he or she had reasonable grounds to believe the arrested person had

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been driving a motor vehicle within this state under the influence of intoxicating liquor, toluene, or

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any controlled substance, as defined in chapter 28 of title 21, or any combination of these; that the

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person had been informed of his or her rights in accordance with § 31-27-3; that the person had

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been informed of the penalties incurred as a result of noncompliance with this section; and that the

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person had refused to submit to the tests upon the request of a law enforcement officer; shall

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promptly order that the person's operator's license or privilege to operate a motor vehicle in this

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state be immediately suspended, however, said suspension shall be subject to the hardship

 

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provisions enumerated in § 31-27-2.8.

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     (1) At the initial traffic tribunal appearance, the magistrate shall review the incident, action,

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and/or arrest reports submitted by the law enforcement officer to determine if there exists

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reasonable grounds to believe that the person had been driving 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 thereof. The magistrate shall also determine if the person had been

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informed of the penalties incurred as a result of failing to submit to a chemical test as provided in

8

this section and that the person had been informed of the implied consent notice contained in

9

subsection (c)(10) of this section. For the purpose of this subsection only "driving a motor vehicle

10

while under the influence of any controlled substance as defined in chapter 28 of title 21" shall be

11

indicated by the presence or aroma of a controlled substance on or about the person or vehicle of

12

the individual refusing the chemical test or other reliable indicia or articulable conditions that the

13

person was impaired due to their intake of a controlled substance.

14

     (2) If the magistrate determines that § 31-27-2.1(b)(1) has been satisfied they shall

15

promptly order that the person's operator's license or privilege to operate a motor vehicle in this

16

state be immediately suspended. Said suspension shall be subject to the hardship provisions

17

enumerated in § 31-27-2.8.

18

     (c) A traffic tribunal judge or magistrate, or a district court judge or magistrate, pursuant

19

to the terms of subsection (c) (d) of this section, shall order as follows:

20

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

21

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

22

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

23

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

24

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

25

and/or alcohol or drug treatment for the individual. The traffic tribunal judge or magistrate may

26

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

27

system and/or blood and urine testing as provided in § 31-27-2.8.

28

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

29

respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; shall be

30

imprisoned for not more than six (6) months; shall pay a fine in the amount of six hundred dollars

31

($600) to one thousand dollars ($1,000); perform sixty (60) to one hundred (100) hours of public

32

community restitution; and the person's driving license in this state shall be suspended for a period

33

of one year to two (2) years. The judge or magistrate shall require alcohol and/or drug treatment

34

for the individual. The sentencing judge or magistrate shall prohibit that person from operating a

 

LC000586 - Page 11 of 23

1

motor vehicle that is not equipped with an ignition interlock system and/or blood and urine testing

2

as provided in § 31-27-2.8.

3

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

4

except with respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor;

5

and shall be imprisoned for not more than one year; fined eight hundred dollars ($800) to one

6

thousand dollars ($1,000); shall perform not less than one hundred (100) hours of public community

7

restitution; and the person's operator's license in this state shall be suspended for a period of two

8

(2) years to five (5) years. The sentencing judge or magistrate shall prohibit that person from

9

operating a motor vehicle that is not equipped with an ignition interlock system and/or blood and

10

urine testing as provided in § 31-27-2.8. The judge or magistrate shall require alcohol or drug

11

treatment for the individual. Provided, that prior to the reinstatement of a license to a person charged

12

with a third or subsequent violation within a three-year (3) period, a hearing shall be held before a

13

judge or magistrate. At the hearing, the judge or magistrate shall review the person's driving record,

14

his or her employment history, family background, and any other pertinent factors that would

15

indicate that the person has demonstrated behavior that warrants the reinstatement of his or her

16

license.

17

     (4) For a second violation within a five-year (5) period with respect to a case of a refusal

18

to submit to a blood test, a fine in the amount of six hundred dollars ($600) to one thousand dollars

19

($1,000); the person shall perform sixty (60) to one hundred (100) hours of public community

20

restitution; and the person's driving license in this state shall be suspended for a period of two (2)

21

years. The judicial officer shall require alcohol and/or drug treatment for the individual. The

22

sentencing judicial officer shall prohibit that person from operating a motor vehicle that is not

23

equipped with an ignition interlock system as provided in § 31-27-2.8. Such a violation with respect

24

to refusal to submit to a chemical blood test shall be a civil offense.

25

     (5) For a third or subsequent violation within a five-year (5) period with respect to a case

26

of a refusal to submit to a blood test, a fine in the amount of eight hundred dollars ($800) to one

27

thousand dollars ($1,000); the person shall perform not less than one hundred (100) hours of public

28

community restitution; and the person's driving license in this state shall be suspended for a period

29

of two (2) to five (5) years. The sentencing judicial officer shall prohibit that person from operating

30

a motor vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8.

31

The judicial officer shall require alcohol and/or drug treatment for the individual. Such a violation

32

with respect to refusal to submit to a chemical test of blood shall be a civil offense. Provided, that

33

prior to the reinstatement of a license to a person charged with a third or subsequent violation within

34

a three-year (3) period, a hearing shall be held before a judicial officer. At the hearing, the judicial

 

LC000586 - Page 12 of 23

1

officer shall review the person's driving record, his or her employment history, family background,

2

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

3

warrants the reinstatement of their license.

4

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

5

constitute any charge brought and sustained under the provisions of this section or § 31-27-2.

6

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

7

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

8

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

9

violator before any other fines authorized by this section.

10

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

11

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

12

department of health's chemical testing programs outlined in § 31-27-2(4) §§ 31-27-2(f) and 31-

13

27-2(g), that shall be deposited as general revenues, not restricted receipts.

14

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

15

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

16

restitution provided for under this section can be suspended.

17

     (10) Implied consent notice for persons eighteen (18) years of age or older: "Rhode Island

18

law requires you to submit to a chemical test of your blood, breath, or urine for the purpose of

19

determining the chemical content of your body fluids or breath. If you refuse this testing, certain

20

penalties can be imposed and include the following: for a first offense your Rhode Island driver's

21

license or privilege to operate a motor vehicle in this state can be suspended for six (6) months to

22

one year or modified to permit operation in connection with an ignition interlock device for a period

23

specified by law, a fine from two hundred dollars ($200) to five hundred dollars ($500) can be

24

imposed, and you can be ordered to perform ten (10) to sixty (60) hours of community service and

25

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

26

and/or alcohol or drug treatment. If you have had one or more previous offenses within the past

27

five (5) years, your refusal to submit to a chemical test of breath or urine at this time can have

28

criminal penalties, including incarceration up to six (6) months for a second offense and up to one

29

year for a third or subsequent offense, and can carry increased license suspension or ignition

30

interlock period, fines and community service. All violators shall pay a five hundred dollar ($500)

31

highway safety assessment fee, a two hundred dollar ($200) department of health chemical testing

32

programs assessment fee, and a license reinstatement fee. Refusal to submit to a chemical test of

33

blood shall not subject you to criminal penalties for the refusal itself, but if you have one or more

34

previous offenses other civil penalties may increase. You have the right to be examined at your

 

LC000586 - Page 13 of 23

1

own expense by a physician selected by you. If you submit to a chemical test at this time, you have

2

the right to have an additional chemical test performed at your own expense. You will be afforded

3

a reasonable opportunity to exercise these rights. Access to a telephone will be made available for

4

you to make those arrangements. You may now use a telephone."

5

     Use of this implied consent notice shall serve as evidence that a person's consent to a

6

chemical test is valid in a prosecution involving driving under the influence of liquor, controlled

7

substances, and/or drugs.

8

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

9

(a), the traffic tribunal or district court shall immediately notify the person involved in writing, and

10

upon his or her request, within fifteen (15) days, shall afford the person an opportunity for a hearing

11

as early as practical upon receipt of a request in writing. Upon a hearing, the judge may administer

12

oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books

13

and papers. If the judge finds after the hearing that:

14

     (1) The law enforcement officer making the sworn report had reasonable grounds to believe

15

that the arrested person had been driving a motor vehicle within this state while under the influence

16

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

17

any combination of these;

18

     (2) The person, while under arrest, refused to submit to the tests upon the request of a law

19

enforcement officer;

20

     (3) The person had been informed of his or her rights in accordance with § 31-27-3; and

21

     (4) The person had been informed of the penalties incurred as a result of noncompliance

22

with this section, the judge shall sustain the violation. The judge shall then impose the penalties set

23

forth in subsection (b) (c) of this section. Action by the judge must be taken within seven (7) days

24

after the hearing or it shall be presumed that the judge has refused to issue his or her order of

25

suspension.

26

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

27

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

28

is considered a chemical test.

29

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

30

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

31

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

32

controversy giving rise to the judgment.

33

     31-27-2.5. Chemical tests to persons under eighteen (18) years of age -- Refusal --

34

License suspension.

 

LC000586 - Page 14 of 23

1

     (a) Any person under eighteen (18) years of age who shall refuse to submit to a chemical

2

test as provided in § 31-27-2 shall have imposed all the penalties provided by § 31-27-2.1, but shall

3

have his or her license suspended on a first violation for six (6) months, subject to the terms of

4

subsection (e) of this section.

5

     (b) Jurisdiction for violations of this section is given to the family court.

6

     (c) If a person as set forth in subsection (a) of this section refuses, upon the request of a

7

law enforcement officer, to submit to a test as provided in § 31-27-2.1, none shall be given, but a

8

judge of the family court, upon receipt of a report or testimony of a law enforcement officer: that

9

he or she had probable cause to stop the arrested person and reasonable grounds to believe the

10

arrested person had been driving a motor vehicle within this state while impaired by intoxicating

11

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

12

of these; that the person had been informed of his or her rights in accordance with § 31-27-3; that

13

the person had been informed of the penalties to be incurred as a result of noncompliance with this

14

implied consent notice contained in subsection (h) of this section; and that the person had refused

15

to submit to the test upon the request of a law enforcement officer; shall promptly order a hearing

16

on whether the person's operator's license or privilege to operate a motor vehicle in this state shall

17

be suspended. Upon suspension, the judge shall order the license of the person to be surrendered to

18

the department of administration, division of motor vehicles, within three (3) days.

19

     (d) If the person takes a test, as provided in § 31-27-2 and the test determines the person's

20

blood alcohol concentration to be at least two-hundredths of one percent (.02%) but less than one-

21

tenth of one percent (.1%) by weight, the person shall be determined to have been driving while

22

impaired. A judge of the family court shall, pursuant to the terms of subsection (e) of this section,

23

order as follows:

24

     (1) A highway safety assessment of one hundred fifty dollars ($150), or community

25

restitution in lieu of highway safety assessment shall be paid by any person found in violation of

26

this section. The assessment shall be deposited into the general fund.

27

     (2) The person's driving license shall be suspended for six (6) months on a first violation,

28

and may be suspended for a period of up to twelve (12) months, provided the person also shall

29

attend a special course on driving while intoxicated and provided that the person shall also attend

30

an alcohol and/or drug treatment program if ordered by the family court judge. Failure or refusal

31

of the person to attend the course and/or alcohol or drug treatment program shall result in the

32

person's driving license being suspended until the course or treatment program has been completed.

33

     (3) On a second violation of this section, the person's driving license shall be suspended

34

until he or she is twenty-one (21) years of age. The sentencing judge shall require alcohol and/or

 

LC000586 - Page 15 of 23

1

drug treatment for the individual.

2

     (4) On a third or subsequent violation, the person's driving license shall be suspended for

3

an additional period of two (2) years and the sentencing judge shall require alcohol and/or drug

4

treatment for the individual.

5

     (5) No suspensions, assessments, driving while intoxicated school, or alcohol and/or drug

6

treatment programs under this section can be suspended, shortened, altered, or changed.

7

     (e) Upon suspending a license or permit as provided in subsection (a), (c), or (d) of this

8

section, the family court shall immediately notify the person involved, in writing, as well as the

9

custodial parent if the person is under the age of eighteen (18) years.

10

     (f) The police department which charges any person under eighteen (18) years of age with

11

refusal to submit to a chemical test, driving while impaired by intoxicating liquors or drugs, or

12

driving while under the influence of liquor or drugs, shall ascertain the name and address of the

13

custodial parent of the person and shall notify the parent in writing within ten (10) days of the

14

charge.

15

     (g) The department of administration, upon issuing a first license to a person sixteen (16)

16

or seventeen (17) years of age, shall provide a written notice of the penalties provided by this

17

section. Any violation of this section shall not be considered a criminal offense.

18

     (h) Implied consent notice for persons under eighteen (18) years of age:

19

     "Rhode Island law requires you to submit to a chemical test of your blood, breath, or urine

20

for the purpose of determining the chemical content of your body fluids or breath. If you refuse this

21

testing, certain penalties can be imposed. These penalties include the following: your Rhode Island

22

driver's license or privilege to operate a motor vehicle in this state can be suspended for six (6)

23

months or modified to permit operation in connection with an ignition interlock device for a period

24

specified by law, a fine from two hundred dollars ($200) to five hundred dollars ($500) can be

25

imposed, and you can be ordered to perform ten (10) to sixty (60) hours of community service and

26

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

27

and/or alcohol or drug treatment. If you have had one or more previous offenses within the past

28

five (5) years, your loss or modification of license, fine and community service sanctions can

29

increase over those provided for a first offense. All violators shall pay a five hundred dollar ($500)

30

highway safety assessment fee, a two hundred dollar ($200) department of health chemical testing

31

programs fee, and a license reinstatement fee. If you refuse to submit to a chemical test, you will

32

be required to maintain proof of financial responsibility for three (3) years. Refusal to submit to a

33

chemical test shall not be considered a criminal offense. You have the right to be examined at your

34

own expense by a physician selected by you. If you submit to a chemical test at this time, you have

 

LC000586 - Page 16 of 23

1

the right to have an additional chemical test performed at your own expense. You will be afforded

2

a reasonable opportunity to exercise these rights. Access to a telephone will be made available for

3

you to make those arrangements. You may now use the telephone."

4

     Use of this implied consent notice shall serve as evidence that a person's consent to a

5

chemical test is valid in a trial for driving under the influence of liquor, controlled substances,

6

and/or drugs.

7

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

8

Ignition interlock system and/or blood and urine testing imposed as a part of sentence --

9

Requirements.

10

     (a) Any person subject to suspension pursuant to §§ 31-27-2.1(b)(1) and §§ 31-27-2.1

11

(b)(2) or convicted under the provisions of §§ 31-27-2(d)(1), 31-27-2(d)(2), 31-27-2(d)(3)(i) or 31-

12

27-2(d)(3)(ii), or whose violation is sustained under the provisions of § 31-27-2.1(b)(1) §§ 31-27-

13

2.1(b)(1) and §§ 31-27-2.1 (b)(2), may be prohibited by the sentencing judge or magistrate from

14

operating a motor vehicle that is not equipped with an ignition interlock system, and/or blood and

15

urine testing by a licensed physician with knowledge and clinical experience in the diagnosis and

16

treatment of drug related disorders, a licensed or certified psychologist, social worker, or EAP

17

professional with like knowledge, or a substance abuse counselor certified by the National

18

Association of Alcohol and Drug Abuse Counselors (all of whom shall be licensed in Rhode

19

Island), pursuant to this section.

20

     (1) Notwithstanding any other sentencing and disposition provisions contained in this

21

chapter, if a Rhode Island traffic tribunal magistrate makes a finding that a motorist was operating

22

a vehicle in the state while under the influence of drugs, toluene, or any controlled substance as

23

evidenced by the presence of controlled substances on or about the person or vehicle, or other

24

reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a preliminary

25

breath test, results from a breathalyzer which indicates no blood alcohol concentration or both, the

26

magistrate may exercise their discretion and eliminate the requirement of an ignition interlock

27

system; provided, that blood and/or urine testing is mandated as a condition to operating a motor

28

vehicle as provided in this section.

29

     (2) 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 and intoxicating liquor based on a preliminary

34

breath test, results from a breathalyzer which indicates blood alcohol concentration or both, the

 

LC000586 - Page 17 of 23

1

magistrate may require an ignition interlock system in addition to blood and/or urine testing as a

2

condition to operating a motor vehicle as provided in this section.

3

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

4

eligibility, any mandatory period of license suspension shall, upon request, be reduced by the

5

imposition of an ignition interlock system and/or blood and urine testing ordered by the court or

6

traffic tribunal as follows:

7

     (1) For a violation of § 31-27-2(d)(1), a person shall be subject to a minimum thirty-day

8

(30) license suspension and an imposition of an ignition interlock system and/or blood and urine

9

testing for three (3) months to one year.

10

     (2) For a violation of § 31-27-2.1(b)(1) § 31-27-2.1(c)(1), a person shall be subject to a

11

minimum thirty-day (30) license suspension and an imposition of an ignition interlock system

12

and/or blood and urine testing for a period of six (6) months to two (2) years.

13

     (3) For a violation of § 31-27-2(d)(2), a person shall be subject to a minimum forty-five-

14

day (45) license suspension and an imposition of an ignition interlock system and/or blood and

15

urine testing for a period of six (6) months to two (2) years.

16

     (4) For a violation of § 31-27-2.1(b)(2) § 31-27-2.1(c)(2), a person shall be subject to a

17

minimum sixty-day (60) license suspension and an imposition of an ignition interlock system

18

and/or blood and urine testing for a period of one to four (4) years.

19

     (5) For a violation of § 31-27-2(d)(3), a person shall be subject to a minimum sixty-day

20

(60) license suspension and imposition of an ignition interlock system and/or blood and urine

21

testing for a period of one to four (4) years.

22

     (6) For a violation of § 31-27-2.1(b)(3) § 31-27-2.1(c)(3), a person shall be subject to a

23

minimum ninety-day (90) license suspension and imposition of an ignition interlock system and/or

24

blood and urine testing for a period of two (2) to ten (10) years.

25

     (7) In any case where a person is convicted of a first offense under the provisions of § 31-

26

27-2(d)(1) or under § 31-27-2.1(b)(1), the sentencing judge or magistrate shall, upon request, grant

27

the person a conditional hardship license immediately upon a plea or admission of guilt, or an initial

28

suspension under § 31-27-2.1(b), and after a finding of need under this section; provided, however,

29

that in a case where a conditional hardship license shall be granted by the sentencing judge or

30

magistrate upon an initial suspension under § 31-27-2.1(b) and prior to the installation of an ignition

31

interlock device, said hardship license shall be issued to the motorist upon proof of installation of

32

an ignition interlock device. No license suspension shall be subject to more than a thirty (30) day

33

license suspension based solely upon the imposition of an ignition interlock system.

34

     (i) If a conviction pursuant to §§ 31-27-2(d)(l) or 31-27-2.l(c)(l) is a first offense, or upon

 

LC000586 - Page 18 of 23

1

an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or determination

2

that the motorist was under the influence of intoxicating liquor only, the magistrate shall, upon

3

request, immediately grant a conditional hardship license after a finding of need pursuant to this

4

section and upon proof of the installation of an ignition interlock device.

5

     (ii) If a conviction pursuant to §§ 31-27-2(d)(l) or 31-27-2.l(c)(l) is a first offense, or upon

6

an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or determination

7

that the motorist was under the influence of drugs, toluene, or a controlled substance, but not

8

intoxicating liquor, the judge or magistrate shall, upon request immediately grant a conditional

9

hardship license after a finding of need pursuant to this section and upon proof of blood and urine

10

testing pursuant to this section.

11

     (iii) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or

12

upon an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or

13

determination that the motorist was under the influence of intoxicating liquor, toluene, a controlled

14

substance or any combination thereof, the magistrate shall, upon request immediately grant a

15

conditional hardship license after a finding of need pursuant to this section and upon proof of the

16

installation of an ignition interlock device, subject also to the following testing:

17

     (A) The testing of either blood or urine is being performed by or monitored by a licensed

18

physician with knowledge and clinical experience in the diagnosis and treatment of drug related

19

disorders, a licensed or certified psychologist, social worker, or EAP professional with like

20

knowledge, or a substance abuse counselor certified by the National Association of Alcohol and

21

Drug Abuse Counselors (all of whom shall be licensed in Rhode Island).

22

     (B) The motorist is required to pay for the substance abuse professional, any testing,

23

retesting, monitoring and reporting costs of the blood and urine testing.

24

     (C) Samples are to be collected, tested and confirmed by a federally certified laboratory by

25

means of gas chromatography/mass spectrometry or technology recognized as being at least as

26

scientifically accurate.

27

     (D) Samples are to be taken weekly for the first sixty (60) days, thereafter in accordance

28

with the recommendation of the substance abuse professional. The samples taken thereafter may

29

be ordered randomly, but must be provided by the motorist within twenty-four (24) hours of the

30

request. The substance abuse professional shall report to the department of the attorney general

31

within twenty-four (24) hours any failure by the motorist to comply with a request for a sample.

32

     (E) A positive test of urine or blood which evidences any controlled substances shall be

33

reported by the substance abuse professional to the motorist and to the department of the attorney

34

general within twenty-four (24) hours of receipt of the results. The motorist may, at their own

 

LC000586 - Page 19 of 23

1

expense, have an opportunity to have the sample retested or reevaluated by an independent testing

2

facility who shall provide the result directly to the substance abuse professional. The attorney

3

general may request, at any time, a copy of any or all test results from the substance abuse

4

professional, which shall forward the requested results within forty-eight (48) hours.

5

     (F) Upon completion of the license suspension, conditional hardship, ignition interlock and

6

substance abuse testing periods, a finalized report shall be presented to the department of motor

7

vehicles prior to any license reinstatement.

8

     (G) If a judge or magistrate determines that a motorist either failed, without good cause, to

9

comply with a sample request or tested positive for any controlled substance, they may exercise

10

their discretion and revoke the conditional hardship license, extend the time period for the ignition

11

interlock system and/or substance abuse testing for an additional period of up to twelve (12) months

12

and/or impose an additional loss of license for up to twenty-four (24) months.

13

     (H) A motorist who has failed, without good cause, to comply with a sample request or

14

tested positive for any controlled substance for a second time within twelve (12) months of the first

15

failure and/or positive test determination shall be guilty of a misdemeanor punishable by up to one

16

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

17

     (c) However, in any case where a motorist has a prior is convicted of an alcohol-related

18

offense pursuant to the provisions of this chapter or a prior reckless driving conviction under § 31-

19

27-4 or reckless eluding conviction under § 31-27-4.1, within the prior ten (10) years of the offense,

20

or when the instant offense involves a motor vehicle accident, the judge or magistrate may exercise

21

their discretion in the granting of the hardship license by imposing up to a ninety (90) day loss of

22

license prior to any imposition of the hardship license. If the instant matter involves a blood alcohol

23

level of fifteen hundredths (.15) BAC or above, the judge or magistrate may exercise his or her

24

discretion in the granting of the hardship license by imposing up to a six (6) month loss of license

25

prior to any imposition of the hardship license. Said hardship license shall be valid only for twelve

26

(12) continuous hours per day to get to and from employment, necessary medical appointments,

27

job training, schooling, or for any other valid reason approved in advance by the sentencing judge

28

or magistrate, which shall include employment, medical appointments, job training, schooling or

29

for religious purposes. The hardship license shall not be for less than twelve (12) continuous hours

30

per day. A hardship license shall only be granted in conjunction with the installation of an ignition

31

interlock device and/or blood and urine testing. Any conditional driving privileges must be set by

32

the sentencing judge or magistrate after a hearing in which the motorist must provide proof of

33

employment status and hours of employment, or any other legitimate reasons justifying a hardship

34

license. These shall include, but not be limited to, any unemployment training, schooling, medical

 

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1

appointments, therapy treatments, or any other valid requests set forth by sworn affidavit. Once

2

said hardship period has concluded, the motorist must still be subject to the conditions of the

3

ignition interlock system and/or blood and urine testing as set forth under this section for the period

4

of time as directed by the court. Any individual who violates the requirements of this subsection

5

shall be subject to the penalties enumerated in § 31-11-18.1.

6

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

7

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

8

bodily injury, § 31-27-2.6; driving to endanger resulting in death, § 31-27-1; or driving to endanger

9

resulting in serious bodily injury, § 31-27-1.1; may, in addition to any other penalties provided by

10

law, be prohibited from operating a motor vehicle that is not equipped with an approved ignition

11

interlock system and/or blood and urine testing for one to five (5) years.

12

     (d)(e) Any person who operates a motor vehicle with a suspended license during the period

13

of suspension, and the reason for the suspension was due to a conviction of driving under the

14

influence of drugs or alcohol or a sustained violation or conviction of refusal to submit to a chemical

15

test, shall be subject to the further use of the ignition interlock system and/or blood and urine testing

16

for a period of six (6) months subsequent to the penalties enumerated in § 31-11-18.1.

17

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

18

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

19

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

20

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

21

tribunal shall:

22

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

23

by the person for the purpose of verification of the proper operation of the ignition interlock system;

24

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

25

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

26

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

27

require; and

28

     (3) Require the person to pay the reasonable cost of leasing or buying, monitoring, and

29

maintenance of the ignition interlock system.

30

     (4) The requirements under subsection (f) (g) of this section shall be the responsibility of

31

the probation department or justice assistance, if the individual is under their control, or the division

32

of motor vehicles if the individual is not monitored as a condition of the individual's plea or finding

33

of guilt.

34

     (h) Any person granted a conditional hardship license upon proof of installation of an

 

LC000586 - Page 21 of 23

1

ignition interlock device, may operate that motor vehicle during the entire twelve (12) hour period

2

of operation granted by the sentencing judge or magistrate including during the scope of their

3

employment and/or any other valid reason approved by the sentencing judge or magistrate.

4

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

5

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

6

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

7

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

8

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

9

     (h)(j)(1) Any person subject to an ignition interlock order and/or blood and urine testing

10

who violates such order shall be guilty of a misdemeanor punishable by up to one year

11

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

12

     (2) For a second violation within six (6) months from entry of the order, the person

13

violating the order shall be imprisoned for a term of not less than ten (10) days and not more than

14

one year.

15

      (k) For the purposes of this subsection, a violation of the interlock order, includes, but is

16

not limited to:

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES

***

1

     This act would grant a judge or magistrate the discretion to impose the requirement of

2

blood and/or urine testing or the use of the ignition interlock system or both upon those persons

3

seeking the issuance of a conditional hardship license after a conviction of driving under the

4

influence of alcohol or illegal substances or the refusal to submit to a chemical test. It would also

5

require any person accused of driving under the influence, refusal to take a chemical test, be given

6

notice of the implied consent law and would permit the hand delivery of test results at the location

7

of the test.

8

     This act would take effect upon passage.

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