Chapter
350
2006 -- S 2970
Enacted 07/07/06
A N A
C T
RELATING TO MOTOR AND
OTHER VEHICLES -- MOTOR VEHICLE OFFENSES
Introduced By: Senator
Michael J. McCaffrey
Date Introduced: March 23,
2006
It is enacted
by the General Assembly as follows:
SECTION
1. Section 31-27-2 of the General Laws in Chapter 31-27 entitled "Motor
Vehicle
Offenses" is hereby amended to read as follows:
31-27-2.
Driving under influence of liquor or drugs. -- (a) Whoever drives or
otherwise
operates any vehicle in the state while under the influence of any intoxicating
liquor,
drugs,
toluene, or any controlled substance as defined in chapter 28 of title 21, or
any
combination
of these, shall be guilty of a misdemeanor except as provided in subdivision
(d)(3)
and
shall be punished as provided in subsection (d) of this section.
(b) (1) Any person charged under subsection (a) of this section whose blood
alcohol
concentration
is eight one-hundredths of one percent (.08%) or more by weight as shown by a
chemical
analysis of a blood, breath, or urine sample shall be guilty of violating
subsection (a) of
this
section. This provision shall not preclude a conviction based on other
admissible evidence.
Proof of
guilt under this section may also be based on evidence that the person charged
was under
the
influence of intoxicating liquor, drugs, toluene, or any controlled substance
defined in chapter
28 of title
21, or any combination of these, to a degree which rendered the person
incapable of
safely
operating a vehicle. The fact that any person charged with violating this
section is or has
been
legally entitled to use alcohol or a drug shall not constitute a defense
against any charge of
violating
this section.
(2) Whoever drives or otherwise operates any vehicle in the state with a blood
presence
of any
scheduled controlled substance as defined within chapter 28 of title 21, as
shown by
analysis
of a blood or urine sample, shall be guilty of a misdemeanor and shall be
punished as
provided
in subsection (d) of this section.
(c) In any criminal prosecution for a violation of subsection (a) of this
section, evidence
as to
the amount of intoxicating liquor, toluene, or any controlled substance as
defined in chapter
28 of
title 21, or any combination of these, in the defendant's blood at the time
alleged as shown
by a
chemical analysis of the defendant's breath, blood, or urine or other bodily
substance shall be
admissible
and competent, provided that evidence is presented that the following
conditions have
been
complied with:
(1) The defendant has consented to the taking of the test upon which the
analysis is
made.
Evidence that the defendant had refused to submit to the test shall not be
admissible unless
the
defendant elects to testify.
(2) A true copy of the report of the test result was mailed within seventy-two
(72) hours
of the
taking of the test to the person submitting to a breath test.
(3) Any person submitting to a chemical test of blood, urine, or other body
fluids shall
have a
true copy of the report of the test result mailed to him or her within thirty
(30) days
following
the taking of the test.
(4) The test was performed according to methods and with equipment approved by
the
director
of the department of health of the state of Rhode Island and by an authorized
individual.
(5) Equipment used for the conduct of the tests by means of breath analysis had
been
tested
for accuracy within thirty (30) days preceding the test by personnel qualified
as
hereinbefore
provided, and breathalyzer operators shall be qualified and certified by the
department
of health within three hundred sixty-five (365) days of the test.
(6) The person arrested and charged with operating a motor vehicle 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 in violation of subsection (a) of this section was
afforded the
opportunity
to have an additional chemical test. The officer arresting or so charging the
person
shall
have informed the person of this right and afforded him or her a reasonable
opportunity to
exercise
this right, and a notation to this effect is made in the official records of
the case in the
police
department. Refusal to permit an additional chemical test shall render
incompetent and
inadmissible
in evidence the original report.
(d) (1) (i) Every person found to have violated subdivision (b)(1) of this
section shall be
sentenced
as follows: for a first violation whose blood alcohol concentration is eight
one-
hundredths
of one percent (.08%) but less than one-tenth of one percent (.1%) by weight or
who
has a
blood presence of any scheduled controlled substance as defined in subdivision
(b)(2) shall
be
subject to a fine of not less than one hundred dollars ($100) nor more than
three hundred
dollars
($300), shall be required to perform ten (10) to sixty (60) hours of public
community
restitution,
and/or shall be imprisoned for up to one year. The sentence may be served in
any unit
of the
adult correctional institutions in the discretion of the sentencing judge
and/or shall be
required
to attend a special course on driving while intoxicated or under the influence
of a
controlled
substance, and his or her driver's license shall be suspended for thirty (30)
days up to
one
hundred eighty (180) days.
(ii) Every person convicted of a first violation whose blood alcohol
concentration is one-
tenth of
one percent (.1%) by weight or above but less than fifteen hundredths of one
percent
(.15%)
or whose blood alcohol concentration is unknown shall be subject to a fine of
not less than
one
hundred ($100) dollars nor more than four hundred dollars ($400) and shall be
required to
perform
ten (10) to sixty (60) hours of public community restitution and/or shall be
imprisoned
for up
to one year. The sentence may be served in any unit of the adult correctional
institutions in
the
discretion of the sentencing judge. The person's driving license shall be
suspended for a
period
of three (3) months to twelve (12) months. The sentencing judge shall require attendance
at a
special course on driving while intoxicated or under the influence of a
controlled substance
and/or
alcoholic or drug treatment for the individual.
(iii) Every person convicted of a first offense whose blood alcohol
concentration is
fifteen
hundredths of one percent (.15%) or above, or who is under the influence of a
drug,
toluene,
or any controlled substance as defined in subdivision (b)(1) shall be subject
to a fine of
five
hundred dollars ($500) and shall be required to perform twenty (20) to sixty
(60) hours of
public
community restitution and/or shall be imprisoned for up to one year. The
sentence may be
served
in any unit of the adult correctional institutions in the discretion of the
sentencing judge.
The
person's driving license shall be suspended for a period of three (3) months to
eighteen (18)
months.
The sentencing 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) (i) Every person convicted of a second violation within a five (5) year
period with a
blood
alcohol concentration of eight one-hundredths of one percent (.08%) or above
but less than
fifteen
hundredths of one percent (.15%) or whose blood alcohol concentration is
unknown or
who has
a blood presence of any controlled substance as defined in subdivision (b)(2),
and every
person
convicted of a second violation within a five (5) year period regardless of
whether the
prior
violation and subsequent conviction was a violation and subsequent conviction
under this
statute
or under the driving under the influence of liquor or drugs statute of any
other state, shall
be
subject to a mandatory fine of four hundred dollars ($400). The person's
driving license shall
be
suspended for a period of one year to two (2) years, and the individual shall
be sentenced to
not less
than ten (10) days nor more than one year in jail. The sentence may be served
in any unit
of the
adult correctional institutions in the discretion of the sentencing judge;
however, not less
than
forty-eight (48) hours of imprisonment shall be served consecutively. The
sentencing judge
shall
require alcohol or drug treatment for the individual, and may prohibit that
person from
operating
a motor vehicle that is not equipped with an ignition interlock system for a
period of
one year
to two (2) years following the completion of the sentence as provided in
section 31-27-
2.8.
(ii) Every person convicted of a second violation within a five (5) year period
whose
blood
alcohol concentration is fifteen hundredths of one percent (.15%) or above by
weight as
shown by
a chemical analysis of a blood, breath, or urine sample or who is under the
influence of
a drug,
toluene, or any controlled substance as defined in subdivision (b)(1) shall be
subject to
mandatory
imprisonment of not less than six (6) months nor more than one year, a
mandatory fine
of not
less than one thousand dollars ($1,000) and a mandatory license suspension for
a period of
two (2)
years from the date of completion of the sentence imposed under this
subsection.
(3) (i) Every person convicted of a third or subsequent violation within a five
(5) year
period
with a blood alcohol concentration of eight one-hundredths of one percent
(.08%) or above
but less
than fifteen hundredths of one percent (.15%) or whose blood alcohol
concentration is
unknown
or who has a blood presence of any scheduled controlled substance as defined in
subdivision
(b)(2) regardless of whether any prior violation and subsequent conviction was
a
violation
and subsequent conviction under this statute or under the driving under the
influence of
liquor
or drugs statute of any other state, shall be guilty of a felony and be subject
to a mandatory
fine of
four hundred ($400) dollars. The person's driving license shall be suspended
for a period
of two
(2) years to three (3) years, and the individual shall be sentenced to not less
than one year
and not
more than three (3) years in jail. The sentence may be served in any unit of
the adult
correctional
institutions in the discretion of the sentencing judge; however, not less than
forty-
eight
(48) hours of imprisonment shall be served consecutively. The sentencing judge
shall
require
alcohol or drug treatment for the individual, and may prohibit that person from
operating
a motor
vehicle that is not equipped with an ignition interlock system for a period of
two (2) years
following
the completion of the sentence as provided in section 31-27-2.8.
(ii) Every person convicted of a third or subsequent violation within a five
(5) year
period
whose blood alcohol concentration is fifteen hundredths of one percent (.15%)
above by
weight
as shown by a chemical analysis of a blood, breath, or urine sample or who is
under the
influence
of a drug, toluene or any controlled substance as defined in subdivision (b)(1)
shall be
subject
to mandatory imprisonment of not less than three (3) years nor more than five
(5) years, a
mandatory
fine of not less than one thousand dollars ($1,000) nor more than five thousand
dollars
($5,000)
and a mandatory license suspension for a period of three (3) years from the
date of
completion
of the sentence imposed under this subsection.
(iii) In addition to the foregoing penalties, every person convicted of a third
or
subsequent
violation within a five (5) year period regardless of whether any prior
violation and
subsequent
conviction was a violation and subsequent conviction under this statute or
under the
driving
under the influence of liquor or drugs statute of any other state shall be
subject, in the
discretion
of the sentencing judge, to having the vehicle owned and operated by the
violator
seized
and sold by the state of Rhode Island, with all funds obtained by the sale to
be transferred
to the
general fund.
(4) (i) 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
31-27-2.1.
(ii) Any person over the age of eighteen (18) who is convicted under this
section for
operating
a motor vehicle while under the influence of alcohol, other drugs, or a
combination of
these,
while a child under the age of thirteen (13) years was present as a passenger
in the motor
vehicle
when the offense was committed may be sentenced to a term of imprisonment of
not more
than one
year and further shall not be entitled to the benefit of suspension or
deferment of this
sentence.
The sentence imposed under this section may be served in any unit of the adult
correctional
institutions in the discretion of the sentencing judge.
(5) (i) Any person convicted of a violation under this section shall pay a
highway
assessment
fine of five hundred dollars ($500) which shall 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.
(ii) Any person convicted of a violation under this section shall be assessed a
fee. The
fee
shall be as follows:
FISCAL
YEAR FISCAL YEAR FISCAL YEAR
1993-1995
1996-1999
2000-2006 2010
$147
$173 $86
(6) (i) If the person convicted of violating this section is under the age of
eighteen (18)
years,
for the first violation he or she shall be required to perform ten (10) to
sixty (60) hours of
public
community restitution, and the juvenile's driving license shall be suspended
for a period of
six (6)
months, and may be suspended for a period up to eighteen (18) months. The
sentencing
judge
shall also require attendance at a special course on driving while intoxicated
or under the
influence
of a controlled substance and alcohol or drug education and/or treatment for
the
juvenile.
The juvenile may also be required to pay a highway assessment fine of no more
than
five
hundred dollars ($500), and the assessment imposed shall be deposited into the
general fund.
(ii) If the person convicted of violating this section is under the age of
eighteen (18)
years,
for a second or subsequent violation regardless of whether any prior violation
and
subsequent
conviction was a violation and subsequent under this statute or under the
driving
under
the influence of liquor or drugs statute of any other state, he or she shall be
subject to a
mandatory
suspension of his or her driving license until such time as he or she is
twenty-one (21)
years of
age and may, in the discretion of the sentencing judge, also be sentenced to
the Rhode
Island
training school for a period of not more than one year and/or a fine of not
more than five
hundred
dollars ($500).
(7) Any person convicted of a violation under this section may undergo a
clinical
assessment
at a facility approved by the department of health. Should this clinical
assessment
determine
problems of alcohol, drug abuse, or psychological problems associated with
alcoholic
or drug
abuse, this person shall be referred to the T.A.S.C. (treatment alternatives to
street crime)
program
for treatment placement, case management, and monitoring.
(e) Percent by weight of alcohol in the blood shall be based upon milligrams of
alcohol
per one
hundred (100) cubic centimeters of blood.
(f) (1) There is established an alcohol and drug safety unit within the
division of motor
vehicles
to administer an alcohol safety action program. The program shall provide for
placement
and
follow-up for persons who are required to pay the highway safety assessment.
The alcohol
and drug
safety action program will be administered in conjunction with alcohol and drug
programs
within the department of health.
(2) Persons convicted under the provisions of this chapter shall be required to
attend a
special
course on driving while intoxicated or under the influence of a controlled
substance,
and/or
participate in an alcohol or drug treatment program. The course shall take into
consideration
any language barrier which may exist as to any person ordered to attend, and
shall
provide
for instruction reasonably calculated to communicate the purposes of the course
in
accordance
with the requirements of the subsection. Any costs reasonably incurred in
connection
with the
provision of this accommodation shall be borne by the person being retrained. A
copy of
any
violation under this section shall be forwarded by the court to the alcohol and
drug safety
unit. In
the event that persons convicted under the provisions of this chapter fail to
attend and
complete
the above course or treatment program, as ordered by the judge, then the person
may be
brought
before the court, and after a hearing as to why the order of the court was not
followed,
may be
sentenced to jail for a period not exceeding one year.
(3) The alcohol and drug safety action program within the division of motor
vehicles
shall be
funded by general revenue appropriations.
(g) The director of the health department of the state of Rhode Island 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 this testing and analysis.
(h) Jurisdiction for misdemeanor violations of this section shall be with the
district court
for
persons eighteen (18) years of age or older and to the family court for persons
under the age
of
eighteen (18) years. The courts shall have full authority to impose any
sentence authorized and
to order
the suspension of any license for violations of this section. All trials in the
district court
and
family court of violations of the section shall be scheduled within thirty (30)
days of the
arraignment
date. No continuance or postponement shall be granted except for good cause
shown.
Any
continuances that are necessary shall be granted for the shortest practicable
time. Trials in
superior
court are not required to be scheduled within thirty (30) days of the
arraignment date.
(i) No fines, suspensions, assessments, alcohol or drug treatment programs,
course on
driving
while intoxicated or under the influence of a controlled substance, public
community
restitution,
or jail provided for under this section can be suspended.
(j) An order to attend a special course on driving while intoxicated that shall
be
administered
in cooperation with a college or university accredited by the state, shall
include a
provision
to pay a reasonable tuition for the course in an amount not less than
twenty-five dollars
($25.00),
and a fee of one hundred seventy-five dollars ($175), which fee shall be
deposited into
the
general fund.
(k) 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.
(l) If any provision of this section or the application of any provision shall
for any reason
be
judged invalid, such a judgment shall not affect, impair, or invalidate the
remainder of the
section,
but shall be confined in this effect to the provision or application directly
involved in the
controversy
giving rise to the judgment.
SECTION
2. This act shall take effect on July 1, 2006.
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LC02823
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