2022 -- S 3041 | |
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LC006147 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
____________ | |
A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES | |
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Introduced By: Senator Stephen R. Archambault | |
Date Introduced: June 18, 2022 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 31-27-2, 31-27-2.1, 31-27-2.5 and 31-27-2.8 of the General Laws |
2 | in Chapter 31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows: |
3 | 31-27-2. Driving under influence of liquor or drugs. |
4 | (a) Whoever drives or otherwise operates any vehicle in the state while under the influence |
5 | of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of |
6 | title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in |
7 | subsection (d)(3), and shall be punished as provided in subsection (d) of this section. |
8 | (b)(1) Any person charged under subsection (a), whose blood alcohol concentration is eight |
9 | one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis of a |
10 | blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall not |
11 | preclude a conviction based on other admissible evidence. Proof of guilt under this section may |
12 | also be based on evidence that the person charged was under the influence of intoxicating liquor, |
13 | drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of |
14 | these, to a degree that rendered the person incapable of safely operating a vehicle. The fact that any |
15 | person charged with violating this section is, or has been, legally entitled to use alcohol or a drug |
16 | shall not constitute a defense against any charge of violating this section. |
17 | (2) [Deleted by P.L. 2021, ch. 170, § 1 and P.L. 2021, ch. 171, § 1.] |
18 | (c) In any criminal prosecution for a violation of subsection (a), evidence as to the amount |
19 | of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or |
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1 | any combination of these, in the defendant's blood at the time alleged as shown by a chemical |
2 | analysis of the defendant's breath, blood, or urine or other bodily substance, shall be admissible and |
3 | competent, provided that evidence is presented that the following conditions have been complied |
4 | with: |
5 | (1) The defendant has consented to the taking of the test upon which the analysis is made. |
6 | Evidence that the defendant had refused to submit to the test shall not be admissible unless the |
7 | defendant elects to testify. |
8 | (2) A true copy of the report of the test result was hand delivered at the location of the test |
9 | or mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath |
10 | test. |
11 | (3) Any person submitting to a chemical test of blood, urine, or other body fluids shall have |
12 | a true copy of the report of the test result mailed to him or her within thirty (30) days following the |
13 | taking of the test. |
14 | (4) The test was performed according to methods and with equipment approved by the |
15 | director of the department of health of the state of Rhode Island and by an authorized individual. |
16 | (5) Equipment used for the conduct of the tests by means of breath analysis had been tested |
17 | for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore |
18 | provided, and breathalyzer operators shall be qualified and certified by the department of health |
19 | within three hundred sixty-five (365) days of the test. |
20 | (6) The person arrested and charged with operating a motor vehicle while under the |
21 | influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of |
22 | title 21 or any combination of these in violation of subsection (a), was afforded the opportunity to |
23 | have an additional chemical test. The officer arresting or so charging the person shall have informed |
24 | the person of this right and afforded him or her a reasonable opportunity to exercise this right, and |
25 | a notation to this effect is made in the official records of the case in the police department. Refusal |
26 | to permit an additional chemical test shall render incompetent and inadmissible in evidence the |
27 | original report. |
28 | (d)(1) (i) Every person found to have violated subsection (b)(1) shall be sentenced as |
29 | follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one |
30 | percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood presence |
31 | of any scheduled controlled substance as defined in chapter 28 of title 21, shall be subject to a fine |
32 | of not less than one hundred dollars ($100), nor more than three hundred dollars ($300); shall be |
33 | required to perform ten (10) to sixty (60) hours of public community restitution, and/or shall be |
34 | imprisoned for up to one year. The sentence may be served in any unit of the adult correctional |
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1 | institutions in the discretion of the sentencing judge or magistrate and/or shall be required to attend |
2 | a special course on driving while intoxicated or under the influence of a controlled substance; |
3 | provided, however, that the court may permit a servicemember or veteran to complete any court- |
4 | approved counseling program administered or approved by the Veterans' Administration, and his |
5 | or her driver's license shall be suspended for thirty (30) days up to one hundred eighty (180) days. |
6 | The sentencing judge or magistrate may prohibit that person from operating a motor vehicle, |
7 | pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition |
8 | interlock system and/or blood and and/or urine testing as provided in § 31-27-2.8. |
9 | (ii) Every person convicted of a first violation whose blood alcohol concentration is one- |
10 | tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent |
11 | (.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less than |
12 | one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required to |
13 | perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for |
14 | up to one year. The sentence may be served in any unit of the adult correctional institutions in the |
15 | discretion of the sentencing judge or magistrate. The person's driving license shall be suspended |
16 | for a period of three (3) months to twelve (12) months. The sentencing judge or magistrate shall |
17 | require attendance at a special course on driving while intoxicated or under the influence of a |
18 | controlled substance and/or alcoholic or drug treatment for the individual; provided, however, that |
19 | the court may permit a servicemember or veteran to complete any court-approved counseling |
20 | program administered or approved by the Veterans' Administration. The sentencing judge or |
21 | magistrate may prohibit that person from operating a motor vehicle that is not equipped with an |
22 | ignition interlock system as provided in § 31-27-2.8. |
23 | (iii) Every person convicted of a first offense whose blood alcohol concentration is fifteen |
24 | hundredths of one percent (.15%) or above, or who is under the influence of a drug, toluene, or any |
25 | controlled substance as defined in subsection (b)(1), shall be subject to a fine of five hundred dollars |
26 | ($500) and shall be required to perform twenty (20) to sixty (60) hours of public community |
27 | restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit |
28 | of the adult correctional institutions in the discretion of the sentencing judge or magistrate. The |
29 | person's driving license shall be suspended for a period of three (3) months to eighteen (18) months. |
30 | The sentencing judge or magistrate shall require attendance at a special course on driving while |
31 | intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for |
32 | the individual; provided, however, that the court may permit a servicemember or veteran to |
33 | complete any court-approved counseling program administered or approved by the Veterans' |
34 | Administration. The sentencing judge or magistrate shall prohibit that person from operating a |
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1 | motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an |
2 | ignition interlock system and/or blood and and/or urine testing as provided in § 31-27-2.8. |
3 | (2)(i) Every person convicted of a second violation within a five-year (5) period with a |
4 | blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than |
5 | fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown, or |
6 | who has a blood presence of any controlled substance as defined in chapter 28 of title 21, and every |
7 | person convicted of a second violation within a five-year (5) period, regardless of whether the prior |
8 | violation and subsequent conviction was a violation and subsequent conviction under this statute |
9 | or under the driving under the influence of liquor or drugs statute of any other state, shall be subject |
10 | to a mandatory fine of four hundred dollars ($400). The person's driving license shall be suspended |
11 | for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten |
12 | (10) days, nor more than one year, in jail. The sentence may be served in any unit of the adult |
13 | correctional institutions in the discretion of the sentencing judge or magistrate; however, not less |
14 | than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge or |
15 | magistrate shall require alcohol or drug treatment for the individual; provided, however, that the |
16 | court may permit a servicemember or veteran to complete any court-approved counseling program |
17 | administered or approved by the Veterans' Administration and shall prohibit that person from |
18 | operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not |
19 | equipped with an ignition interlock system and/or blood and and/or urine testing as provided in § |
20 | 31-27-2.8. |
21 | (ii) Every person convicted of a second violation within a five-year (5) period whose blood |
22 | alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight as shown by |
23 | a chemical analysis of a blood, breath, or urine sample, or who is under the influence of a drug, |
24 | toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to mandatory |
25 | imprisonment of not less than six (6) months, nor more than one year; a mandatory fine of not less |
26 | than one thousand dollars ($1,000); and a mandatory license suspension for a period of two (2) |
27 | years from the date of completion of the sentence imposed under this subsection. The sentencing |
28 | judge or magistrate shall require alcohol or drug treatment for the individual; provided, however, |
29 | that the court may permit a servicemember or veteran to complete any court approved counseling |
30 | program administered or approved by the Veterans' Administration. The sentencing judge or |
31 | magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) |
32 | or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and |
33 | and/or urine testing as provided in § 31-27-2.8. |
34 | (3)(i) Every person convicted of a third or subsequent violation within a five-year (5) |
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1 | period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, |
2 | but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is |
3 | unknown or who has a blood presence of any scheduled controlled substance as defined in chapter |
4 | 28 of title 21, regardless of whether any prior violation and subsequent conviction was a violation |
5 | and subsequent conviction under this statute or under the driving under the influence of liquor or |
6 | drugs statute of any other state, shall be guilty of a felony and be subject to a mandatory fine of |
7 | four hundred ($400) dollars. The person's driving license shall be suspended for a period of two (2) |
8 | years to three (3) years, and the individual shall be sentenced to not less than one year and not more |
9 | than three (3) years in jail. The sentence may be served in any unit of the adult correctional |
10 | institutions in the discretion of the sentencing judge or magistrate; however, not less than forty- |
11 | eight (48) hours of imprisonment shall be served consecutively. The sentencing judge or magistrate |
12 | shall require alcohol or drug treatment for the individual; provided, however, that the court may |
13 | permit a servicemember or veteran to complete any court-approved counseling program |
14 | administered or approved by the Veterans' Administration, and shall prohibit that person from |
15 | operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not |
16 | equipped with an ignition interlock system and/or blood and and/or urine testing as provided in § |
17 | 31-27-2.8. |
18 | (ii) Every person convicted of a third or subsequent violation within a ten-year (10) period |
19 | whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above by weight as |
20 | shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence of |
21 | a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to |
22 | mandatory imprisonment of not less than three (3) years, nor more than five (5) years; a mandatory |
23 | fine of not less than one thousand dollars ($1,000), nor more than five thousand dollars ($5,000); |
24 | and a mandatory license suspension for a period of three (3) years from the date of completion of |
25 | the sentence imposed under this subsection. The sentencing judge or magistrate shall require |
26 | alcohol or drug treatment for the individual. The sentencing judge or magistrate shall prohibit that |
27 | person from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that |
28 | is not equipped with an ignition interlock system and/or blood and and/or urine testing as provided |
29 | in § 31-27-2.8. |
30 | (iii) In addition to the foregoing penalties, every person convicted of a third or subsequent |
31 | violation within a five-year (5) period, regardless of whether any prior violation and subsequent |
32 | conviction was a violation and subsequent conviction under this statute or under the driving under |
33 | the influence of liquor or drugs statute of any other state, shall be subject, in the discretion of the |
34 | sentencing judge or magistrate, to having the vehicle owned and operated by the violator seized |
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1 | and sold by the state of Rhode Island, with all funds obtained by the sale to be transferred to the |
2 | general fund. |
3 | (4) Whoever drives or otherwise operates any vehicle in the state while under the influence |
4 | of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of |
5 | title 21, or any combination of these, when his or her license to operate is suspended, revoked, or |
6 | cancelled for operating under the influence of a narcotic drug or intoxicating liquor, shall be guilty |
7 | of a felony punishable by imprisonment for not more than three (3) years and by a fine of not more |
8 | than three thousand dollars ($3,000). The court shall require alcohol and/or drug treatment for the |
9 | individual; provided, the penalties provided for in this subsection (d)(4) shall not apply to an |
10 | individual who has surrendered his or her license and served the court-ordered period of suspension, |
11 | but who, for any reason, has not had his or her license reinstated after the period of suspension, |
12 | revocation, or suspension has expired; provided, further, the individual shall be subject to the |
13 | provisions of subsection (d)(2)(i), (d)(2)(ii), (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) regarding subsequent |
14 | offenses, and any other applicable provision of this section. |
15 | (5)(i) For purposes of determining the period of license suspension, a prior violation shall |
16 | constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1. |
17 | (ii) Any person over the age of eighteen (18) who is convicted under this section for |
18 | operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of |
19 | these, while a child under the age of thirteen (13) years was present as a passenger in the motor |
20 | vehicle when the offense was committed shall be subject to immediate license suspension pending |
21 | prosecution. Any person convicted of violating this section shall be guilty of a misdemeanor for a |
22 | first offense and may be sentenced to a term of imprisonment of not more than one year and a fine |
23 | not to exceed one thousand dollars ($1,000). Any person convicted of a second or subsequent |
24 | offense shall be guilty of a felony offense and may be sentenced to a term of imprisonment of not |
25 | more than five (5) years and a fine not to exceed five thousand dollars ($5,000). The sentencing |
26 | judge or magistrate shall also order a license suspension of up to two (2) years, require attendance |
27 | at a special course on driving while intoxicated or under the influence of a controlled substance, |
28 | and alcohol or drug education and/or treatment. The individual may also be required to pay a |
29 | highway assessment fee of no more than five hundred dollars ($500) and the assessment shall be |
30 | deposited in the general fund. |
31 | (6)(i) Any person convicted of a violation under this section shall pay a highway |
32 | assessment fine of five hundred dollars ($500) that shall be deposited into the general fund. The |
33 | assessment provided for by this subsection shall be collected from a violator before any other fines |
34 | authorized by this section. |
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1 | (ii) Any person convicted of a violation under this section shall be assessed a fee of eighty- |
2 | six dollars ($86). |
3 | (7)(i) If the person convicted of violating this section is under the age of eighteen (18) |
4 | years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of |
5 | public community restitution and the juvenile's driving license shall be suspended for a period of |
6 | six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing |
7 | judge or magistrate shall also require attendance at a special course on driving while intoxicated or |
8 | under the influence of a controlled substance and alcohol or drug education and/or treatment for |
9 | the juvenile. The juvenile may also be required to pay a highway assessment fine of no more than |
10 | five hundred dollars ($500) and the assessment imposed shall be deposited into the general fund. |
11 | (ii) If the person convicted of violating this section is under the age of eighteen (18) years, |
12 | for a second or subsequent violation regardless of whether any prior violation and subsequent |
13 | conviction was a violation and subsequent conviction under this statute or under the driving under |
14 | the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory |
15 | suspension of his or her driving license until such time as he or she is twenty-one (21) years of age |
16 | and may, in the discretion of the sentencing judge or magistrate, also be sentenced to the Rhode |
17 | Island training school for a period of not more than one year and/or a fine of not more than five |
18 | hundred dollars ($500). |
19 | (8) Any person convicted of a violation under this section may undergo a clinical |
20 | assessment at the community college of Rhode Island's center for workforce and community |
21 | education. Should this clinical assessment determine problems of alcohol, drug abuse, or |
22 | psychological problems associated with alcoholic or drug abuse, this person shall be referred to an |
23 | appropriate facility, licensed or approved by the department of behavioral healthcare, |
24 | developmental disabilities and hospitals, for treatment placement, case management, and |
25 | monitoring. In the case of a servicemember or veteran, the court may order that the person be |
26 | evaluated through the Veterans' Administration. Should the clinical assessment determine problems |
27 | of alcohol, drug abuse, or psychological problems associated with alcohol or drug abuse, the person |
28 | may have their treatment, case management, and monitoring administered or approved by the |
29 | Veterans' Administration. |
30 | (9) Notwithstanding any other sentencing and disposition provisions contained in this |
31 | chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was |
32 | operating a vehicle in the state while under the influence of drugs, toluene, or any controlled |
33 | substance as evidenced by the presence of controlled substances on or about the person or vehicle, |
34 | or other reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a |
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1 | preliminary breath test, results from a breathalyzer that indicates no blood alcohol concentration, |
2 | or both, the judge or magistrate may exercise his or her discretion and eliminate the requirement |
3 | of an ignition interlock system; provided, that blood and/or urine testing is mandated as a condition |
4 | to operating a motor vehicle as provided in § 31-27-2.8. |
5 | (10) Notwithstanding any other sentencing and disposition provisions contained in this |
6 | chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was |
7 | operating a vehicle in the state while under the influence of drugs, toluene, or any controlled |
8 | substance as evidenced by the presence of controlled substances on or about the person or vehicle, |
9 | or other reliable indicia or articulable conditions thereof and intoxicating liquor based on a |
10 | preliminary breath test, results from a breathalyzer that indicates blood alcohol concentration, or |
11 | both, the judge or magistrate may require an ignition interlock system in addition to blood and/or |
12 | urine testing as a condition to operating a motor vehicle as provided in § 31-27-2.8. |
13 | (e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per |
14 | one hundred cubic centimeters (100 cc) of blood. |
15 | (f)(1) There is established an alcohol and drug safety unit within the division of motor |
16 | vehicles to administer an alcohol and drug safety action program. The program shall provide for |
17 | placement and follow-up for persons who are required to pay the highway safety assessment. The |
18 | alcohol and drug safety action program will be administered in conjunction with alcohol and drug |
19 | programs licensed by the department of behavioral healthcare, developmental disabilities and |
20 | hospitals. |
21 | (2) Persons convicted under the provisions of this chapter shall be required to attend a |
22 | special course on driving while intoxicated or under the influence of a controlled substance, and/or |
23 | participate in an alcohol or drug treatment program; provided, however, that the court may permit |
24 | a servicemember or veteran to complete any court-approved counseling program administered or |
25 | approved by the Veterans' Administration. The course shall take into consideration any language |
26 | barrier that may exist as to any person ordered to attend, and shall provide for instruction reasonably |
27 | calculated to communicate the purposes of the course in accordance with the requirements of the |
28 | subsection. Any costs reasonably incurred in connection with the provision of this accommodation |
29 | shall be borne by the person being retrained. A copy of any violation under this section shall be |
30 | forwarded by the court to the alcohol and drug safety unit. In the event that persons convicted under |
31 | the provisions of this chapter fail to attend and complete the above course or treatment program, as |
32 | ordered by the judge or magistrate, then the person may be brought before the court, and after a |
33 | hearing as to why the order of the court was not followed, may be sentenced to jail for a period not |
34 | exceeding one year. |
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1 | (3) The alcohol and drug safety action program within the division of motor vehicles shall |
2 | be funded by general revenue appropriations. |
3 | (g) The director of the department of health is empowered to make and file with the |
4 | secretary of state regulations that prescribe the techniques and methods of chemical analysis of the |
5 | person's body fluids or breath and the qualifications and certification of individuals authorized to |
6 | administer this testing and analysis. |
7 | (h) Jurisdiction for misdemeanor violations of this section shall be with the district court |
8 | for persons eighteen (18) years of age or older and to the family court for persons under the age of |
9 | eighteen (18) years. The courts shall have full authority to impose any sentence authorized and to |
10 | order the suspension of any license for violations of this section. Trials in superior court are not |
11 | required to be scheduled within thirty (30) days of the arraignment date. |
12 | (i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on |
13 | driving while intoxicated or under the influence of a controlled substance, public community |
14 | restitution, or jail provided for under this section can be suspended. |
15 | (j) An order to attend a special course on driving while intoxicated, that shall be |
16 | administered in cooperation with a college or university accredited by the state, shall include a |
17 | provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars |
18 | ($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into |
19 | the general fund. |
20 | (k) For the purposes of this section, any test of a sample of blood, breath, or urine for the |
21 | presence of alcohol that relies in whole or in part upon the principle of infrared light absorption is |
22 | considered a chemical test. |
23 | (l) If any provision of this section, or the application of any provision, shall for any reason |
24 | be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the |
25 | section, but shall be confined in this effect to the provision or application directly involved in the |
26 | controversy giving rise to the judgment. |
27 | (m) For the purposes of this section, "servicemember" means a person who is presently |
28 | serving in the armed forces of the United States, including the Coast Guard, a reserve component |
29 | thereof, or the National Guard. "Veteran" means a person who has served in the armed forces, |
30 | including the Coast Guard of the United States, a reserve component thereof, or the National Guard, |
31 | and has been discharged under other than dishonorable conditions. |
32 | 31-27-2.1. Refusal to submit to chemical test. |
33 | (a) Any person who operates a motor vehicle within this state shall be deemed to have |
34 | given his or her consent to chemical tests of his or her breath, blood, and/or urine for the purpose |
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1 | of determining the chemical content of his or her body fluids or breath. No more than two (2) |
2 | complete tests, one for the presence of intoxicating liquor and one for the presence of toluene or |
3 | any controlled substance, as defined in § 21-28-1.02, shall be administered at the direction of a law |
4 | enforcement officer having reasonable grounds to believe the person to have been driving a motor |
5 | vehicle within this state while under the influence of intoxicating liquor, toluene, or any controlled |
6 | substance, as defined in chapter 28 of title 21, or any combination of these. The director of the |
7 | department of health is empowered to make and file, with the secretary of state, regulations that |
8 | prescribe the techniques and methods of chemical analysis of the person's body fluids or breath and |
9 | the qualifications and certification of individuals authorized to administer the testing and analysis. |
10 | (b) If a person, for religious or medical reasons, cannot be subjected to blood tests, the |
11 | person may file an affidavit with the division of motor vehicles stating the reasons why he or she |
12 | cannot be required to take blood tests and a notation to this effect shall be made on his or her |
13 | license. If that person is asked to submit to chemical tests as provided under this chapter, the person |
14 | shall only be required to submit to chemical tests of his or her breath or urine. When a person is |
15 | requested to submit to blood tests, only a physician or registered nurse, or a medical technician |
16 | certified under regulations promulgated by the director of the department of health, may withdraw |
17 | blood for the purpose of determining the alcoholic content in it. This limitation shall not apply to |
18 | the taking of breath or urine specimens. The person tested shall be permitted to have a physician of |
19 | his or her own choosing, and at his or her own expense, administer chemical tests of his or her |
20 | breath, blood, and/or urine in addition to the tests administered at the direction of a law enforcement |
21 | officer. If a person, having been placed under arrest, refuses upon the request of a law enforcement |
22 | officer to submit to the tests, as provided in § 31-27-2, none shall be given. |
23 | (1) At the initial traffic tribunal appearance, the judge or magistrate shall review the |
24 | incident, action, and/or arrest reports submitted by the law enforcement officer to determine if there |
25 | exists reasonable grounds to believe that the person had been driving a motor vehicle while under |
26 | the influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 |
27 | of title 21, or any combination thereof. The judge or magistrate shall also determine if the person |
28 | had been informed of the penalties incurred as a result of failing to submit to a chemical test as |
29 | provided in this section and that the person had been informed of the implied consent notice |
30 | contained in subsection (c)(10) of this section. For the purpose of this subsection only, "driving a |
31 | motor vehicle while under the influence of any controlled substance as defined in chapter 28 of title |
32 | 21" shall be indicated by the presence or aroma of a controlled substance on or about the person or |
33 | vehicle of the individual refusing the chemical test or other reliable indicia or articulable conditions |
34 | that the person was impaired due to their intake of a controlled substance. |
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1 | (2) If the judge or magistrate determines that subsection (b)(1) of this section has been |
2 | satisfied they shall promptly order that the person's operator's license or privilege to operate a motor |
3 | vehicle in this state be immediately suspended. Said suspension shall be subject to the hardship |
4 | provisions enumerated in § 31-27-2.8. |
5 | (c) A traffic tribunal judge or magistrate, or a district court judge or magistrate, pursuant |
6 | to the terms of subsection (d) of this section, shall order as follows: |
7 | (1) Impose, for the first violation, a fine in the amount of two hundred dollars ($200) to |
8 | five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of |
9 | public community restitution. The person's driving license in this state shall be suspended for a |
10 | period of six (6) months to one year. The traffic tribunal judge or magistrate shall require attendance |
11 | at a special course on driving while intoxicated or under the influence of a controlled substance |
12 | and/or alcohol or drug treatment for the individual. The traffic tribunal judge or magistrate may |
13 | prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock |
14 | system and/or blood and and/or urine testing as provided in § 31-27-2.8. |
15 | (2) Every person convicted of a second violation within a five-year (5) period, except with |
16 | respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; shall be |
17 | imprisoned for not more than six (6) months; shall pay a fine in the amount of six hundred dollars |
18 | ($600) to one thousand dollars ($1,000); perform sixty (60) to one hundred (100) hours of public |
19 | community restitution; and the person's driving license in this state shall be suspended for a period |
20 | of one year to two (2) years. The judge or magistrate shall require alcohol and/or drug treatment |
21 | for the individual. The sentencing judge or magistrate shall prohibit that person from operating a |
22 | motor vehicle that is not equipped with an ignition interlock system and/or blood and and/or urine |
23 | testing as provided in § 31-27-2.8. |
24 | (3) Every person convicted for a third or subsequent violation within a five-year (5) period, |
25 | except with respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; |
26 | and shall be imprisoned for not more than one year; fined eight hundred dollars ($800) to one |
27 | thousand dollars ($1,000); shall perform not less than one hundred (100) hours of public community |
28 | restitution; and the person's operator's license in this state shall be suspended for a period of two |
29 | (2) years to five (5) years. The sentencing judge or magistrate shall prohibit that person from |
30 | operating a motor vehicle that is not equipped with an ignition interlock system and/or blood and |
31 | and/or urine testing as provided in § 31-27-2.8. The judge or magistrate shall require alcohol or |
32 | drug treatment for the individual. Provided, that prior to the reinstatement of a license to a person |
33 | charged with a third or subsequent violation within a three-year (3) period, a hearing shall be held |
34 | before a judge or magistrate. At the hearing, the judge or magistrate shall review the person's |
| LC006147 - Page 11 of 24 |
1 | driving record, his or her employment history, family background, and any other pertinent factors |
2 | that would indicate that the person has demonstrated behavior that warrants the reinstatement of |
3 | his or her license. |
4 | (4) For a second violation within a five-year (5) period with respect to a case of a refusal |
5 | to submit to a blood test, a fine in the amount of six hundred dollars ($600) to one thousand dollars |
6 | ($1,000); the person shall perform sixty (60) to one hundred (100) hours of public community |
7 | restitution; and the person's driving license in this state shall be suspended for a period of two (2) |
8 | years. The judicial officer shall require alcohol and/or drug treatment for the individual. The |
9 | sentencing judicial officer shall prohibit that person from operating a motor vehicle that is not |
10 | equipped with an ignition interlock system and/or blood and/or urine testing as provided in § 31- |
11 | 27-2.8. Such a violation with respect to refusal to submit to a chemical blood test shall be a civil |
12 | offense. |
13 | (5) For a third or subsequent violation within a five-year (5) period with respect to a case |
14 | of a refusal to submit to a blood test, a fine in the amount of eight hundred dollars ($800) to one |
15 | thousand dollars ($1,000); the person shall perform not less than one hundred (100) hours of public |
16 | community restitution; and the person's driving license in this state shall be suspended for a period |
17 | of two (2) to five (5) years. The sentencing judicial officer shall prohibit that person from operating |
18 | a motor vehicle that is not equipped with an ignition interlock system and/or blood and/or urine |
19 | testing as provided in § 31-27-2.8. The judicial officer shall require alcohol and/or drug treatment |
20 | for the individual. Such a violation with respect to refusal to submit to a chemical test of blood |
21 | shall be a civil offense. Provided, that prior to the reinstatement of a license to a person charged |
22 | with a third or subsequent violation within a three-year (3) period, a hearing shall be held before a |
23 | judicial officer. At the hearing, the judicial officer shall review the person's driving record, his or |
24 | her employment history, family background, and any other pertinent factors that would indicate |
25 | that the person has demonstrated behavior that warrants the reinstatement of their license. |
26 | (6) For purposes of determining the period of license suspension, a prior violation shall |
27 | constitute any charge brought and sustained under the provisions of this section or § 31-27-2. |
28 | (7) In addition to any other fines, a highway safety assessment of five hundred dollars |
29 | ($500) shall be paid by any person found in violation of this section, the assessment to be deposited |
30 | into the general fund. The assessment provided for by this subsection shall be collected from a |
31 | violator before any other fines authorized by this section. |
32 | (8) In addition to any other fines and highway safety assessments, a two-hundred-dollar |
33 | ($200) assessment shall be paid by any person found in violation of this section to support the |
34 | department of health's chemical testing programs outlined in §§ 31-27-2(f) and 31-27-2(g), that |
| LC006147 - Page 12 of 24 |
1 | shall be deposited as general revenues, not restricted receipts. |
2 | (9) No fines, suspensions, assessments, alcohol or drug treatment programs, course on |
3 | driving while intoxicated or under the influence of a controlled substance, or public community |
4 | restitution provided for under this section can be suspended. |
5 | (10) Implied consent notice for persons eighteen (18) years of age or older: "Rhode Island |
6 | law requires you to submit to a chemical test of your blood, breath, or urine for the purpose of |
7 | determining the chemical content of your body fluids or breath. If you refuse this testing, certain |
8 | penalties can be imposed and include the following: for a first offense, your Rhode Island driver's |
9 | license or privilege to operate a motor vehicle in this state can be suspended for six (6) months to |
10 | one year or modified to permit operation in connection with an ignition interlock device and/or |
11 | blood and/or urine testing for a period specified by law; a fine from two hundred dollars ($200) to |
12 | five hundred dollars ($500) can be imposed; and you can be ordered to perform ten (10) to sixty |
13 | (60) hours of community service and attend a special course on driving while intoxicated or under |
14 | the influence of a controlled substance and/or alcohol or drug treatment. If you have had one or |
15 | more previous offenses within the past five (5) years, your refusal to submit to a chemical test of |
16 | breath or urine at this time can have criminal penalties, including incarceration up to six (6) months |
17 | for a second offense and up to one year for a third or subsequent offense, and can carry increased |
18 | license suspension or ignition interlock and/or blood and/or urine testing period, fines, and |
19 | community service. All violators shall pay a five hundred dollar ($500) highway safety assessment |
20 | fee, a two hundred dollar ($200) department of health chemical testing programs assessment fee, |
21 | and a license reinstatement fee. Refusal to submit to a chemical test of blood shall not subject you |
22 | to criminal penalties for the refusal itself, but if you have one or more previous offenses other civil |
23 | penalties may increase. You have the right to be examined at your own expense by a physician |
24 | selected by you. If you submit to a chemical test at this time, you have the right to have an additional |
25 | chemical test performed at your own expense. You will be afforded a reasonable opportunity to |
26 | exercise these rights. Access to a telephone will be made available for you to make those |
27 | arrangements. You may now use a telephone." |
28 | Use of this implied consent notice shall serve as evidence that a person's consent to a |
29 | chemical test is valid in a prosecution involving driving under the influence of liquor, controlled |
30 | substances, and/or drugs. |
31 | (d) Upon suspending or refusing to issue a license or permit as provided in subsection (a), |
32 | the traffic tribunal or district court shall immediately notify the person involved in writing, and |
33 | upon his or her request, within fifteen (15) days, afford the person an opportunity for a hearing as |
34 | early as practical upon receipt of a request in writing. Upon a hearing, the judge or magistrate may |
| LC006147 - Page 13 of 24 |
1 | administer oaths and may issue subpoenas for the attendance of witnesses and the production of |
2 | relevant books and papers. If the judge or magistrate finds after the hearing that: |
3 | (1) The law enforcement officer making the sworn report had reasonable grounds to believe |
4 | that the arrested person had been driving a motor vehicle within this state while under the influence |
5 | of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or |
6 | any combination of these; |
7 | (2) The person, while under arrest, refused to submit to the tests upon the request of a law |
8 | enforcement officer; |
9 | (3) The person had been informed of his or her rights in accordance with § 31-27-3; and |
10 | (4) The person had been informed of the penalties incurred as a result of noncompliance |
11 | with this section, the judge or magistrate shall sustain the violation. The judge or magistrate shall |
12 | then impose the penalties set forth in subsection (c) of this section. Action by the judge or magistrate |
13 | must be taken within seven (7) days after the hearing or it shall be presumed that the judge or |
14 | magistrate has refused to issue his or her order of suspension. |
15 | (e) For the purposes of this section, any test of a sample of blood, breath, or urine for the |
16 | presence of alcohol that relies, in whole or in part, upon the principle of infrared light absorption is |
17 | considered a chemical test. |
18 | (f) If any provision of this section, or the application of any provision, shall, for any reason, |
19 | be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the section, |
20 | but shall be confined in this effect to the provisions or application directly involved in the |
21 | controversy giving rise to the judgment. |
22 | 31-27-2.5. Chemical tests to persons under eighteen (18) years of age -- Refusal -- |
23 | License suspension. |
24 | (a) Any person under eighteen (18) years of age who shall refuse to submit to a chemical |
25 | test as provided in § 31-27-2 shall have imposed all the penalties provided by § 31-27-2.1, but shall |
26 | have his or her license suspended on a first violation for six (6) months, subject to the terms of |
27 | subsection (e) of this section. |
28 | (b) Jurisdiction for violations of this section is given to the family court. |
29 | (c) If a person as set forth in subsection (a) of this section refuses, upon the request of a |
30 | law enforcement officer, to submit to a test as provided in § 31-27-2.1, none shall be given, but a |
31 | judge of the family court, upon receipt of a report or testimony of a law enforcement officer: that |
32 | he or she had probable cause to stop the arrested person and reasonable grounds to believe the |
33 | arrested person had been driving a motor vehicle within this state while impaired by intoxicating |
34 | liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any combination |
| LC006147 - Page 14 of 24 |
1 | of these; that the person had been informed of his or her rights in accordance with § 31-27-3; that |
2 | the person had been informed of the implied consent notice contained in subsection (h) of this |
3 | section; and that the person had refused to submit to the test upon the request of a law enforcement |
4 | officer; shall promptly order a hearing on whether the person's operator's license or privilege to |
5 | operate a motor vehicle in this state shall be suspended. Upon suspension, the judge shall order the |
6 | license of the person to be surrendered to the department of administration, division of motor |
7 | vehicles, within three (3) days. |
8 | (d) If the person takes a test, as provided in § 31-27-2 and the test determines the person's |
9 | blood alcohol concentration to be at least two-hundredths of one percent (.02%) but less than one- |
10 | tenth of one percent (.1%) by weight, the person shall be determined to have been driving while |
11 | impaired. A judge of the family court shall, pursuant to the terms of subsection (e) of this section, |
12 | order as follows: |
13 | (1) A highway safety assessment of one hundred fifty dollars ($150), or community |
14 | restitution in lieu of highway safety assessment shall be paid by any person found in violation of |
15 | this section. The assessment shall be deposited into the general fund. |
16 | (2) The person's driving license shall be suspended for six (6) months on a first violation, |
17 | and may be suspended for a period of up to twelve (12) months, provided the person also shall |
18 | attend a special course on driving while intoxicated and provided that the person shall also attend |
19 | an alcohol and/or drug treatment program if ordered by the family court judge. Failure or refusal |
20 | of the person to attend the course and/or alcohol or drug treatment program shall result in the |
21 | person's driving license being suspended until the course or treatment program has been completed. |
22 | (3) On a second violation of this section, the person's driving license shall be suspended |
23 | until he or she is twenty-one (21) years of age. The sentencing judge shall require alcohol and/or |
24 | drug treatment for the individual. |
25 | (4) On a third or subsequent violation, the person's driving license shall be suspended for |
26 | an additional period of two (2) years and the sentencing judge shall require alcohol and/or drug |
27 | treatment for the individual. |
28 | (5) No suspensions, assessments, driving while intoxicated school, or alcohol and/or drug |
29 | treatment programs under this section can be suspended, shortened, altered, or changed. |
30 | (e) Upon suspending a license or permit as provided in subsection (a), (c), or (d) of this |
31 | section, the family court shall immediately notify the person involved, in writing, as well as the |
32 | custodial parent if the person is under the age of eighteen (18) years. |
33 | (f) The police department which charges any person under eighteen (18) years of age with |
34 | refusal to submit to a chemical test, driving while impaired by intoxicating liquors or drugs, or |
| LC006147 - Page 15 of 24 |
1 | driving while under the influence of liquor or drugs, shall ascertain the name and address of the |
2 | custodial parent of the person and shall notify the parent in writing within ten (10) days of the |
3 | charge. |
4 | (g) The department of administration, upon issuing a first license to a person sixteen (16) |
5 | or seventeen (17) years of age, shall provide a written notice of the penalties provided by this |
6 | section. Any violation of this section shall not be considered a criminal offense. |
7 | (h) Implied consent notice for persons under eighteen (18) years of age: |
8 | "Rhode Island law requires you to submit to a chemical test of your blood, breath, or urine |
9 | for the purpose of determining the chemical content of your body fluids or breath. If you refuse this |
10 | testing, certain penalties can be imposed. These penalties include the following: your Rhode Island |
11 | driver's license or privilege to operate a motor vehicle in this state can be suspended for six (6) |
12 | months or modified to permit operation in connection with an ignition interlock device and/or blood |
13 | and/or urine testing for a period specified by law; a fine from two hundred dollars ($200) to five |
14 | hundred dollars ($500) can be imposed; and you can be ordered to perform ten (10) to sixty (60) |
15 | hours of community service and attend a special course on driving while intoxicated or under the |
16 | influence of a controlled substance and/or alcohol or drug treatment. If you have had one or more |
17 | previous offenses within the past five (5) years, your loss or modification of license, fine, and |
18 | community service sanctions can increase over those provided for a first offense. All violators shall |
19 | pay a five hundred dollar ($500) highway safety assessment fee, a two hundred dollar ($200) |
20 | department of health chemical testing programs fee, and a license reinstatement fee. If you refuse |
21 | to submit to a chemical test, you will be required to maintain proof of financial responsibility for |
22 | three (3) years. Refusal to submit to a chemical test shall not be considered a criminal offense. You |
23 | have the right to be examined at your own expense by a physician selected by you. If you submit |
24 | to a chemical test at this time, you have the right to have an additional chemical test performed at |
25 | your own expense. You will be afforded a reasonable opportunity to exercise these rights. Access |
26 | to a telephone will be made available for you to make those arrangements. You may now use the |
27 | telephone." |
28 | Use of this implied consent notice shall serve as evidence that a person's consent to a |
29 | chemical test is valid in a trial for driving under the influence of liquor, controlled substances, |
30 | and/or drugs. |
31 | 31-27-2.8. Ignition interlock system and/or blood and urine testing imposed as a part |
32 | of sentence -- Requirements Ignition interlock system and/or blood and/or urine testing |
33 | imposed as a part of sentence -- Requirements. |
34 | (a) Any person subject to suspension pursuant to §§ 31-27-2.1(b)(1) and 31-27-2.1(b)(2) |
| LC006147 - Page 16 of 24 |
1 | or convicted under the provisions of § 31-27-2(d)(1), § 31-27-2(d)(2), § 31-27-2(d)(3)(i), or § 31- |
2 | 27-2(d)(3)(ii), or whose violation is sustained under the provisions of §§ 31-27-2.1(b)(1) and 31- |
3 | 27-2.1(b)(2), may be prohibited by the sentencing judge or magistrate from operating a motor |
4 | vehicle that is not equipped with an ignition interlock system, and/or blood and and/or urine testing. |
5 | Any and all blood testing shall be conducted by a licensed physician or registered nurse, or a |
6 | medical technician certified under the regulation promulgated by the director of the department of |
7 | health. with knowledge and clinical experience in the diagnosis and treatment of drug-related |
8 | disorders, a Any and all urine testing shall be conducted by a physician, registered nurse, medical |
9 | technician, licensed or certified psychologist, social worker, or EAP professional with like |
10 | knowledge, or a substance abuse counselor certified by the National Association of Alcohol and |
11 | Drug Abuse Counselors (all of whom shall be licensed in Rhode Island), pursuant to this section. |
12 | This group of authorized individuals may collectively be referred to as “substance abuse |
13 | professionals”. |
14 | (1) Notwithstanding any other sentencing and disposition provisions contained in this |
15 | chapter, if a Rhode Island traffic tribunal magistrate or judge makes a finding that a motorist was |
16 | operating a vehicle in the state while under the influence of drugs, toluene, or any controlled |
17 | substance as evidenced by the presence of controlled substances on or about the person or vehicle, |
18 | or other reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a |
19 | preliminary breath test, results from a breathalyzer that indicates no blood alcohol concentration or |
20 | both, the judge or magistrate may exercise his or her discretion and eliminate the requirement of an |
21 | ignition interlock system; provided, that blood and/or urine testing is mandated as a condition to |
22 | operating a motor vehicle as provided in this section. |
23 | (2) Notwithstanding any other sentencing and disposition provisions contained in this |
24 | chapter, if a Rhode Island traffic tribunal magistrate or judge makes a finding that a motorist was |
25 | operating a vehicle in the state while under the influence of drugs, toluene, or any controlled |
26 | substance as evidenced by the presence of controlled substances on or about the person or vehicle, |
27 | or other reliable indicia or articulable conditions thereof and intoxicating liquor based on a |
28 | preliminary breath test, results from a breathalyzer that indicates blood alcohol concentration or |
29 | both, the judge or magistrate may require an ignition interlock system in addition to blood and/or |
30 | urine testing as a condition to operating a motor vehicle as provided in this section. |
31 | (b) Notwithstanding any other provisions contained in this chapter, any mandatory period |
32 | of license suspension shall, upon request, be reduced by the imposition of an ignition interlock |
33 | system and/or blood and and/or urine testing ordered by the court or traffic tribunal as follows: |
34 | (1) For a violation of § 31-27-2(d)(1), a person shall be subject to a minimum thirty-day |
| LC006147 - Page 17 of 24 |
1 | (30) license suspension and an imposition of an ignition interlock system and/or blood and and/or |
2 | urine testing for three (3) months to one year. |
3 | (2) For a violation of § 31-27-2.1(c)(1), a person shall be subject to a minimum thirty-day |
4 | (30) license suspension and an imposition of an ignition interlock system and/or blood and and/or |
5 | urine testing for a period of six (6) months to two (2) years. |
6 | (3) For a violation of § 31-27-2(d)(2), a person shall be subject to a minimum forty-five- |
7 | day (45) license suspension and an imposition of an ignition interlock system and/or blood and |
8 | and/or urine testing for a period of six (6) months to two (2) years. |
9 | (4) For a violation of § 31-27-2.1(c)(2), a person shall be subject to a minimum sixty-day |
10 | (60) license suspension and an imposition of an ignition interlock system and/or blood and and/or |
11 | urine testing for a period of one to four (4) years. |
12 | (5) For a violation of § 31-27-2(d)(3), a person shall be subject to a minimum sixty-day |
13 | (60) license suspension and imposition of an ignition interlock system and/or blood and and/or |
14 | urine testing for a period of one to four (4) years. |
15 | (6) For a violation of § 31-27-2.1(c)(3), a person shall be subject to a minimum ninety-day |
16 | (90) license suspension and imposition of an ignition interlock system and/or blood and and/or |
17 | urine testing for a period of two (2) to ten (10) years. |
18 | (7) No license suspension shall be subject to more than a thirty-day (30) license suspension |
19 | based solely upon the imposition of an ignition interlock system. |
20 | (i) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or upon |
21 | an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or determination |
22 | that the motorist was under the influence of intoxicating liquor only, the judge or magistrate shall, |
23 | upon request, immediately grant a conditional hardship license after a finding of need pursuant to |
24 | this section and upon proof of the installation of an ignition interlock device. |
25 | (ii) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or |
26 | upon an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or |
27 | determination that the motorist was under the influence of drugs, toluene, or a controlled substance, |
28 | but not intoxicating liquor, the judge or magistrate shall, upon request immediately grant a |
29 | conditional hardship license after a finding of need pursuant to this section and upon proof of blood |
30 | and and/or urine testing pursuant to this section. |
31 | (iii) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or |
32 | upon an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or |
33 | determination that the motorist was under the influence of intoxicating liquor and/or drugs, toluene, |
34 | or a controlled substance, or any combination thereof, the judge or magistrate shall, upon request |
| LC006147 - Page 18 of 24 |
1 | immediately grant a conditional hardship license after a finding of need pursuant to this section and |
2 | upon proof of the installation of an ignition interlock device, subject also to the following testing: |
3 | and/or blood and/or urine testing. |
4 | (c) The division of motor vehicles’ alcohol and drug safety unit shall be responsible for |
5 | overseeing, monitoring, and enforcing the blood and urine testing pursuant to this section. These |
6 | responsibilities include, but are not limited to: |
7 | (1) The receipt, documentation, and review of blood and/or urine tests; and |
8 | (2) Scheduling, administering, conducting, and documenting hearings for a motorist’s |
9 | failure to comply with testing pursuant to subsection (c)(iv) of this section, and a motorist’s positive |
10 | blood and/or urine tests pursuant to subsection (c)(v) of this section; providing notice to all |
11 | necessary parties prior to said hearings; and reporting the findings and/or results of said hearings |
12 | to the arresting law enforcement department or agency and the department of the attorney general. |
13 | The division of motor vehicles shall have the authority to summons witnesses to attend hearings |
14 | and compel the production of test results and any and all documents, records, or samples related to |
15 | test results that may be necessary to determine whether a motorist complied with blood and/or urine |
16 | testing requirements. The division of motor vehicles shall have the power to establish and adopt |
17 | processes, rules and regulations enforcing the provisions of this chapter, but said processes, rules |
18 | and regulations shall include the following: |
19 | (A)(i) The testing of either blood or urine is being performed by or and monitored by a |
20 | licensed physician with knowledge and clinical experience in the diagnosis and treatment of drug- |
21 | related disorders, a licensed or certified psychologist, social worker, or EAP professional with like |
22 | knowledge, or a substance abuse counselor certified by the National Association of Alcohol and |
23 | Drug Abuse Counselors (all of whom shall be licensed in Rhode Island) an individual pursuant to |
24 | subsection (a) of this section. |
25 | (B)(ii) The motorist is required to pay for the substance abuse professional, any and all |
26 | testing, retesting, monitoring, and reporting costs of associated with the blood and and/or urine |
27 | testing. |
28 | (C)(iii) Samples are to be collected, tested and confirmed by a federally certified laboratory |
29 | by means of gas chromatography/mass spectrometry or technology recognized as being at least as |
30 | scientifically accurate approved by the director of the department of health. |
31 | (D)(iv) Samples are to be taken weekly for the first sixty (60) days, thereafter in accordance |
32 | with the recommendation of the substance abuse professional. The samples taken thereafter may |
33 | be ordered randomly, but must be provided by the motorist within twenty-four (24) hours of the |
34 | request. The substance abuse professional shall report to the division of motor vehicles, arresting |
| LC006147 - Page 19 of 24 |
1 | law enforcement department or agency, and the department of the attorney general within twenty- |
2 | four (24) hours any failure by the motorist to comply with a request for a sample. |
3 | (E)(v) A positive test of urine or and/or blood that evidences any controlled substances |
4 | shall be reported by the substance abuse professional to the motorist and to the division of motor |
5 | vehicles, arresting law enforcement department or agency, and the department of the attorney |
6 | general within twenty-four (24) hours of receipt of the results. The motorist may, at his or her own |
7 | expense, have an opportunity to have the sample retested or reevaluated by an independent testing |
8 | facility which shall provide the result directly to the substance abuse professional. The division of |
9 | motor vehicles, arresting law enforcement department or agency, and the attorney general may |
10 | request, at any time, a copy of any or all test results from the substance abuse professional, which |
11 | shall forward the requested results within forty-eight (48) hours. |
12 | (F)(vi) Upon completion of the license suspension, conditional hardship, ignition interlock |
13 | and substance abuse and/or blood and/or urine testing periods, a finalized report shall be presented |
14 | to the department of motor vehicles prior to any license reinstatement. For blood and/or urine |
15 | testing, this report shall be prepared by and signed by the substance abuse professional performing |
16 | and monitoring the testing. |
17 | (G)(vii) If a judge or magistrate after hearing, the division of motor vehicles determines |
18 | that a motorist either failed, without good cause, to comply with a sample request or tested positive |
19 | for any controlled substance, he or she may exercise his or her discretion and the division of motor |
20 | vehicles shall revoke the conditional hardship license, extend the time period for the ignition |
21 | interlock system and/or substance abuse testing for an additional period of up to twelve (12) months |
22 | and/or impose an additional loss of license for up to twenty-four (24) months and suspend the |
23 | motorist’s license for the remainder of the time period in which the hardship license would have |
24 | been authorized. Within forty-eight (48) hours of any revocation and/or suspension, the division of |
25 | motor vehicles shall notify the arresting law enforcement department and/or agency and the |
26 | department of the attorney general of said revocation and/or suspension. If the motorist is under the |
27 | supervision of the probation department, the division of motor vehicles shall also notify the |
28 | probation department. A motorist who intends to request that his or her conditional hardship license |
29 | be reinstated shall petition for reinstatement with the same court that ordered the conditional |
30 | hardship license. |
31 | (H)(viii) A motorist who has failed, without good cause, to comply with a sample request |
32 | or tested positive for any controlled substance for a second time within twelve (12) months of the |
33 | first failure and/or positive test determination shall be guilty of a misdemeanor punishable by up to |
34 | one year imprisonment, or a minimum of ten (10) days and not more than one year imprisonment |
| LC006147 - Page 20 of 24 |
1 | and a fine of up to one thousand dollars ($1,000), or both. |
2 | (c)(d) However, in any case where a motorist is convicted of an alcohol-related or drug, |
3 | toluene or controlled substance-related offense pursuant to the provisions of this chapter, except |
4 | for the offenses set forth in subsections (b)(7)(i) through (b)(7)(iii) of this section, the judge or |
5 | magistrate may exercise his or her discretion in the granting of the hardship license by imposing |
6 | up to a ninety (90) day loss of license prior to any imposition of the hardship license. The hardship |
7 | license shall be valid for twelve (12) continuous hours per day for any valid reason approved in |
8 | advance by the sentencing judge or magistrate, which shall include employment, medical |
9 | appointments, job training, schooling, or religious purposes. The hardship license shall not be for |
10 | less than twelve (12) continuous hours per day. A hardship license shall only be granted in |
11 | conjunction with the installation of an ignition interlock device and/or blood and and/or urine |
12 | testing. Any conditional driving privileges must be set by the sentencing judge or magistrate after |
13 | a hearing in which the motorist must provide proof of employment status and hours of employment, |
14 | or any other legitimate reasons justifying a hardship license. These shall include, but not be limited |
15 | to, any unemployment training, schooling, medical appointments, therapy treatments, or any other |
16 | valid requests set forth by sworn affidavit. Once said hardship period has concluded, the motorist |
17 | must still be subject to the conditions of the ignition interlock system and/or blood and and/or urine |
18 | testing as set forth under this section for the period of time as directed by the court. Any individual |
19 | who violates the requirements of this subsection shall be subject to the penalties enumerated in § |
20 | 31-11-18.1. |
21 | (d)(e) Any person convicted of an offense of driving under the influence of liquor or drugs |
22 | resulting in death, § 31-27-2.2; driving under the influence of liquor or drugs resulting in serious |
23 | bodily injury, § 31-27-2.6; driving to endanger resulting in death, § 31-27-1; or driving to endanger |
24 | resulting in serious bodily injury, § 31-27-1.1; may, in addition to any other penalties provided by |
25 | law, be prohibited from operating a motor vehicle that is not equipped with an approved ignition |
26 | interlock system and/or blood and and/or urine testing for one to five (5) years. |
27 | (e)(f) Any person who operates a motor vehicle with a suspended license during the period |
28 | of suspension, and the reason for the suspension was due to a conviction of driving under the |
29 | influence of drugs or alcohol or a sustained violation or conviction of refusal to submit to a chemical |
30 | test, shall be subject to the further use of the ignition interlock system and/or blood and and/or urine |
31 | testing for a period of six (6) months subsequent to the penalties enumerated in § 31-11-18.1. |
32 | (f)(g) When the court orders the use of an ignition interlock system and/or blood and/or |
33 | urine testing, the judge or magistrate shall cause an appropriate notation to be made on the person's |
34 | record that clearly sets forth the requirement for, and the period of the use of, the ignition interlock |
| LC006147 - Page 21 of 24 |
1 | system and/or blood and/or urine testing. Copies of these records shall be sent to the division of |
2 | motor vehicles. |
3 | (g)(h) In addition to the requirements of subsection (f)(g) of this section, the court or traffic |
4 | tribunal shall: |
5 | (1) Require proof of the installation of the ignition interlock system and periodic reporting |
6 | by the person for the purpose of verification of the proper operation of the ignition interlock system; |
7 | (2) Require the person to have the ignition interlock system monitored for the proper use |
8 | and accuracy by a person, firm, corporation, or other association to be approved by the division of |
9 | motor vehicles at least once every six (6) months, or more frequently as the circumstances may |
10 | require; and |
11 | (3) Require the person to pay the reasonable cost of leasing or buying, monitoring, and |
12 | maintenance of the ignition interlock system. |
13 | (4) The requirements under subsection (g)(h) of this section shall be the responsibility of |
14 | the probation department or justice assistance, if the individual is under their control, or the division |
15 | of motor vehicles if the individual is not monitored as a condition of the individual's plea or finding |
16 | of guilt. |
17 | (h)(i) Any person granted a conditional hardship license upon proof of installation of an |
18 | ignition interlock device and/or blood and/or urine testing, may operate that motor vehicle during |
19 | the entire twelve-hour (12) period of operation granted by the sentencing judge or magistrate |
20 | including during the scope of the person's employment and/or any other valid reason approved by |
21 | the sentencing judge or magistrate. |
22 | (i)(j) If a person is required, in the course of the person's employment, to operate a motor |
23 | vehicle owned or provided by the person's employer, the person may operate that motor vehicle in |
24 | the course of the person's employment without installation of an ignition interlock system if the |
25 | court makes specific findings expressly permitting the person to operate, in the course of the |
26 | person's employment, a motor vehicle that is not equipped with an ignition interlock system. |
27 | (j)(1) Any person subject to an ignition interlock order and/or blood and urine testing who |
28 | violates such order shall be guilty of a misdemeanor punishable by up to one year imprisonment, |
29 | or a fine of up to one thousand dollars ($1,000), or both. |
30 | (2) For a second violation within six (6) months from entry of the order, the person |
31 | violating the order shall be imprisoned for a term of not less than ten (10) days and not more than |
32 | one year. |
33 | (k) Any person subject to an order concerning the use of an ignition interlock device who |
34 | violates this order shall be guilty of a misdemeanor punishable by a minimum of ten (10) days and |
| LC006147 - Page 22 of 24 |
1 | not more than one year imprisonment and a fine of up to one thousand dollars ($1,000). For a |
2 | second violation within six (6) months from entry of the order, the person violating the order shall |
3 | be imprisoned for a term not less than six (6) months and not more than one year. For the purposes |
4 | of this subsection, a violation of the interlock order, includes, but is not limited to: |
5 | (1) Altering, tampering, or in any way attempting to circumvent the operation of an ignition |
6 | interlock system that has been installed in the motor vehicle of a person under this section; |
7 | (2) Operating a motor vehicle that is not equipped with an ignition interlock system; or |
8 | (3) Soliciting or attempting to have another person start a motor vehicle equipped with an |
9 | ignition interlock system for the purpose of providing an operable motor vehicle to a person who |
10 | is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system. |
11 | (l) Any person who attempts to start, or starts, a motor vehicle equipped with an ignition |
12 | interlock system, tampers with, or in any way attempts to circumvent, the operation of an ignition |
13 | interlock system that has been installed in the motor vehicle for the purpose of providing an |
14 | operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not |
15 | equipped with an ignition interlock system, shall be guilty of a misdemeanor punishable by up to |
16 | one year imprisonment or a fine of up to one thousand dollars ($1,000), or both. |
17 | SECTION 2. This act shall take effect upon passage. |
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| LC006147 - Page 23 of 24 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES | |
*** | |
1 | This act would amend the statutory laws relating to driving under the influence and refusal |
2 | to submit to chemical tests by adding the requirement for blood and/or urine testing. The division |
3 | of motor vehicles’ alcohol and drug safety unit would be responsible for overseeing, monitoring |
4 | and enforcing the blood and urine testing. This act would provide that a motorist who failed, without |
5 | good cause, to provide a test sample upon request within twelve (12) months of a positive test for |
6 | a controlled substance or who tested positive for a second time or who violated an order concerning |
7 | the use of an ignition interlock device shall be guilty of a misdemeanor and imprisoned for a |
8 | minimum of ten (10) days. A second violation of an order regarding an order to use an ignition |
9 | interlock device committed within six (6) months would be punishable by a term of imprisonment |
10 | of not less than six (6) months. |
11 | This act would take effect upon passage. |
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