Chapter 06-235

2006 -- S 2072 SUBSTITUTE A

Enacted 06/28/06

A N A C T

RELATING TO MOTOR VEHICLES

Introduced By: Senators Polisena, Damiani, Algiere, McCaffrey, and Sosnowski

Date Introduced: January 12, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-27-2.1 of the General Laws in Chapter 31-27 entitled "Motor

Vehicle Offenses" is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

person had been informed of the penalties incurred as a result of noncompliance with this section;

and that the person had refused to submit to the tests upon the request of a law enforcement

officer; shall promptly order that the person's operator's license or privilege to operate a motor

vehicle in this state be immediately suspended and that the person's license be surrendered within

five (5) days of notice of suspension. A traffic tribunal judge or a district court judge pursuant to

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

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

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

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

period of three (3) months to six (6) months to one year. The traffic tribunal judge shall require

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

substance and/or alcohol or drug treatment for the individual.

      (2) Impose for Every person convicted for a second violation within a five (5) year

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

shall pay a fine in the amount of three hundred dollars ($300) to five six hundred dollars

($500)($600) to one thousand dollars ($1,000), order the person to perform sixty (60) to one

hundred (100) hours of public community restitution, and the person's driving license in this state

shall be suspended for a period of one year to two (2) years. The traffic tribunal judge shall

require alcohol and/or drug treatment for the individual.

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

(5) year period a fine of four hundred dollars ($400) to shall be guilty of a misdemeanor and shall

be imprisoned for not more than one year, fined five eight hundred dollars ($500)($800) to one

thousand dollars ($1,000), order the person to perform not less than one hundred (100) hours of

public community restitution, and the person's operator's license in this state shall be suspended

for a period of two (2) years to three five (3)(5) years. The traffic tribunal judge shall require

alcohol or drug treatment for the individual. Provided, that prior to the reinstatement of a license

to a person charged with a third or subsequent violation within a three (3) year period, a hearing

shall be held before a traffic tribunal judge. At the hearing the traffic tribunal judge shall review

the person's driving record, his or her employment history, family background, and any other

pertinent factors that would indicate that the person has demonstrated behavior which warrants

the reinstatement of his or her license.

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

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

2.

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

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

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

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

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

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

restitution provided for under this section, can be suspended.

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

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

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

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

the traffic tribunal judge may administer oaths and may issue subpoenas for the attendance of

witnesses and the production of relevant books and papers. If the traffic tribunal judge finds after

the hearing that: (1) the law enforcement officer making the sworn report had reasonable grounds

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

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

of title 21, or any combination of these; (2) the person while under arrest refused to submit to the

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

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

incurred as a result of noncompliance with this section; the traffic tribunal judge shall sustain the

violation. The traffic tribunal judge shall then impose the penalties set forth in subsection (b) of

this section. Action by the traffic tribunal judge must be taken within seven (7) days after the

hearing, or it shall be presumed that the traffic tribunal judge has refused to issue his or her order

of suspension.

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

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

is considered a chemical test.

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

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

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

controversy giving rise to the judgment.

     SECTION 2. Chapter 31-27 of the General Laws entitled "Motor Vehicle Offenses" is

hereby amended by adding thereto the following section:

31-27-3.1. Annual Impaired Driving Report. -- (a) The attorney general, with the

cooperation of state and municipal police departments, with the district court, the traffic tribunal

and the department of transportation shall annually, on or before, the 30th day of April of each

year, prepare a written report to the general assembly identifying all cases where an individual is

charged with an offense under section 31-27-1 through section 31-27-2.8 of the general laws. The

report shall include the numbers of cases charged under each statute, as well as the disposition in

each case charged, if any.

(b) In addition to the number of cases charged and their disposition, the report shall

identify the number of cases which are filed with dual charges of driving under the influence

under section 31-27-1 and refusal to submit to a chemical test under section 31-27-2, and the

disposition of each of these dual charges.

(c) The report shall also identify, in any alcohol or drug related fatality charged under

section 31-27-1 through 31-27-8 of the general laws, whether the driver of the motor vehicle, a

passenger in the motor vehicle or a pedestrian was identified by law enforcement, the medical

examiner or any other entity as being under the influence of alcohol or drugs in the fatal accident.

(d) The attorney general shall promulgate any rule or regulation necessary to implement

the provisions of this section.

     SECTION 3. This act shall take effect upon passage.

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LC00090/SUB A/3

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