Chapter 317

2013 -- H 5432

Enacted 07/15/13

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - MOTOR VEHICLE OFFENSES

Introduced By: Representatives Lally, and Keable

Date Introduced: February 13, 2013

It is enacted by the General Assembly as follows:

SECTION 1. Section 31-27-2.7 of the General Laws in Chapter 31-27 entitled "Motor

Vehicle Offenses" is hereby amended to read as follows:

31-27-2.7. Driving while impaired. -- (a) A person under the age of twenty-one (21) but

at least eighteen (18) years of age who takes a test, as provided for in section 31-27-2, at the

request of a law enforcement officer who believes the person to be driving under the influence of

alcohol, shall be determined to have been driving while impaired if the test determines the

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

than one-tenth of one percent (.1%) eight one hundredths of one percent (.08%) by weight.

      (b) Should, after a hearing in district court, it be determined that: the results of the test

are admissible in that it meets all of the conditions, as set forth in section 31-27-2; and the person

has been afforded his or her rights as set forth in section 31-27-2; then the judge shall order as

follows:

      (1) A fine of not more than two hundred and fifty dollars ($250) and thirty (30) hours of

community restitution. The fine shall be deposited in the general fund.

      (2) The person's driving license shall be suspended for not less than one nor more than

three (3) months on a first violation, provided the person also shall attend a special course in

driving while intoxicated and provided that the person shall also attend an alcohol and/or drug

treatment program if ordered by the district court judge. Failure or refusal of the person to attend

the course and/or alcohol or drug treatment program shall result in the person's driving license

being suspended until such time as the course and/or treatment program has been completed.

      (3) On a second and subsequent violation of the section, the person shall be fined not

more than two hundred and fifty dollars ($250) together with a highway safety assessment of

three hundred dollars ($300) and shall be required to perform up to sixty (60) hours of community

restitution. The person's driving license shall be suspended for not less than three (3) months nor

more than six (6) months. The sentencing judge shall also require the person to attend a special

course in driving while intoxicated and also attend an alcohol and/or drug treatment program.

      (c) No suspension, assessments, driving while intoxicated school, or alcohol and/or drug

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

      (d) Any violation of the section shall not be considered a criminal offense.

SECTION 2. This act shall take effect upon passage.

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LC00955

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