2024 -- H 8209

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LC005933

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES

     Introduced By: Representatives Noret, Serpa, and Dawson

     Date Introduced: April 25, 2024

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 31-27-2, 31-27-2.1 and 31-27-2.8 of the General Laws in Chapter

31-27 entitled "Motor Vehicle Offenses" are 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

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

     (b)(1) Any person charged under subsection (a), 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). This provision shall not

preclude a conviction based on other admissible evidence, including the testimony of a drug

recognition expert or evaluator, certified pursuant to training approved by the Rhode Island

department of transportation office on highway safety. 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 that 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) [Deleted by P.L. 2021, ch. 170, § 1 and P.L. 2021, ch. 171, § 1.]

     (c) In any criminal prosecution for a violation of subsection (a), 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, saliva 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 hand delivered at the location of the test

or 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, saliva 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), 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 subsection (b)(1) 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 chapter 28 of title 21, shall be subject to a fine

of not less than one hundred dollars ($100), nor more than three hundred dollars ($300); shall be

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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; provided,

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

counseling program administered or approved by the Veterans’ Administration, and his or her

driver’s license shall be suspended for thirty (30) days up to one hundred eighty (180) days. The

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

pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition

interlock system and/or blood and urine testing as provided in § 31-27-2.8 for a period of six (6)

months.

     (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; provided, however, that the court may permit a

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

approved by the Veterans’ Administration. The sentencing judge or magistrate may shall prohibit

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

and/or blood and urine testing, as provided in § 31-27-2.8, for a period of not less than six (6)

months and up to a period of twenty-four (24) months.

     (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 subsection (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

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

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

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

magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9)

or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and

urine testing as provided in § 31-27-2.8 for a period of not less than nine (9) months and up to a

period of twenty-four (24) months.

     (2)(i) Every person convicted of a second violation within a five-year (5) 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 chapter 28 of title 21, and every

person convicted of a second violation within a five-year (5) 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; provided, however, that the court may permit a

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

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

vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition

interlock system and/or blood and urine testing as provided in § 31-27-2.8 for a period of not less

than twelve (12) months and up to a period of twenty-four (24) months.

     (ii) Every person convicted of a second violation within a five-year (5) 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 subsection (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. The sentencing

judge shall require alcohol or drug treatment for the individual; provided, however, that the court

may permit a servicemember or veteran to complete any court approved counseling program

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administered or approved by the Veterans’ Administration. The sentencing judge or magistrate

shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10)

of this section, that is not equipped with an ignition interlock system and/or blood and urine testing

as provided in § 31-27-2.8 for a period of not less than eighteen (18) months and up to a period of

twenty-four (24) months.

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

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 chapter

28 of title 21, 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; provided, however, that the court may permit a servicemember or

veteran to complete any court-approved counseling program administered or approved by the

Veterans’ Administration, and shall prohibit that person from operating a motor vehicle, pursuant

to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system

and/or blood and urine testing as provided in § 31-27-2.8 for a period of not less than twelve (12)

months and up to a period of forty-eight (48) months.

     (ii) Every person convicted of a third or subsequent violation within a ten-year (10) 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 subsection (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. The sentencing judge shall require alcohol or drug

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

operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not

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

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2.8 for twenty-four (24) to forty-eight (48) months.

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

violation within a five-year (5) 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) 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, when his or her license to operate is suspended, revoked, or

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

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

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

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

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

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

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

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

offenses, and any other applicable provision of this section.

     (5)(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 § 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 shall be subject to immediate license suspension pending

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

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

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

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

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

judge shall also order a license suspension of up to two (2) years, 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. The individual may also be required to pay a highway

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

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in the general fund.

     (6)(i) Any person convicted of a violation under this section shall pay a highway

assessment fine of five hundred dollars ($500) that 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 of eighty-

six dollars ($86).

     (7)(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 or magistrate shall prohibit the person from operating a motor vehicle that is not equipped

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

period of twelve (12) 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 conviction 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). The sentencing judge or magistrate shall prohibit the person from operating a motor vehicle

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

§ 31-27-2.8 for a period of twenty-four (24) months.

     (8) Any person convicted of a violation under this section may undergo a clinical

assessment at the community college of Rhode Island’s center for workforce and community

education. 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 an

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

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

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

evaluated through the Veterans’ Administration. Should the clinical assessment determine

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

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

by the Veterans’ Administration.

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

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

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

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

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

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

or both, the judge or magistrate may exercise his or her discretion and eliminate the requirement of

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

to operating a motor vehicle as provided in § 31-27-2.8 for a period of not less than six (6) months

and up to a period of twenty-four (24) months.

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

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

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

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

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

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

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

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

ignition interlock system and blood and/or urine testing requirements shall be for a period of time

as mandated in subsections (d)(1)(i), (d)(1)(ii), (d)(1)(iii), (d)(2)(i), (d)(2)(ii), (d)(3)(i) and

(d)(3)(iii) of this section.

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

one hundred cubic centimeters (100 cc) 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

licensed by the department of behavioral healthcare, developmental disabilities and hospitals.

     (2) Persons convicted under the provisions of this chapter shall be required to attend a

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

participate in an alcohol or drug treatment program, which course and programs must meet the

standards established by the Rhode Island department of behavioral healthcare, developmental

disabilities and hospitals; provided, however, that the court may permit a servicemember or veteran

to complete any court-approved counseling program administered or approved by the Veterans’

Administration. The course shall take into consideration any language barrier that 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 department of health is empowered to make and file with the

secretary of state regulations that 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. 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.

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

presence of alcohol that 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.

     (m) For the purposes of this section, “servicemember” means a person who is presently

serving in the armed forces of the United States, including the Coast Guard, a reserve component

thereof, or the National Guard. “Veteran” means a person who has served in the armed forces,

including the Coast Guard of the United States, a reserve component thereof, or the National Guard,

and has been discharged under other than dishonorable conditions.

     (n) In addition to any other fines and highway assessments, any person found in violation

of this section shall pay a one hundred dollar ($100) assessment to the ignition interlock system

fund established in § 31-27-2.10.

     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, saliva 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 § 21-28-1.02, 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

that 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, saliva or urine. When a person

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

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

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

the taking of breath, saliva 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, saliva 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 § 31-27-2, none shall be given.

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

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

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

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

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

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

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

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

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

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

     (2) If the magistrate determines that subsection (b)(1) of this section has been satisfied they

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

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

enumerated in § 31-27-2.8.

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

to the terms of subsection (d) 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 six (6) months to one year. The traffic tribunal judge or magistrate 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. Following the initial suspension of the person’s

operator’s license, the The traffic tribunal judge or magistrate may shall prohibit that person from

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

urine testing as provided in § 31-27-2.8 for a period of not less than six (6) months and for up to a

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period of twelve (12) months.

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

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

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

($600) to one thousand dollars ($1,000); 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 judge or magistrate shall require alcohol and/or drug treatment

for the individual. Following the initial suspension of the person’s operator’s license, the The

sentencing judge or magistrate shall prohibit that person from operating a motor vehicle that is not

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

2.8 for a period of not less than twelve (12) months and for up to a period of forty-eight(48) months.

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

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

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

thousand dollars ($1,000); shall 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 five (5) years. Following the initial suspension of the person’s operator’s license, the

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

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

31-27-2.8 for a period of not less than twenty-four (24) months and up to a period of one hundred

twenty (120) months. The judge or magistrate 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-year (3) period, a hearing shall be held before a judge or

magistrate. At the hearing, the judge or magistrate 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 that warrants the reinstatement of his or her license.

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

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

($1,000); the person shall 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 two (2)

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

the initial suspension of the person’s operator’s license, the The sentencing judicial officer shall

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

system as provided in § 31-27-2.8 for a period of not less than twelve (12) months and for up to a

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period of twenty-four (24) months. Such a violation with respect to refusal to submit to a chemical

blood test shall be a civil offense.

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

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

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

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

of two (2) to five (5) years. Following the initial suspension of the person’s operator’s license, the

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

equipped with an ignition interlock system as provided in § 31-27-2.8 for a period of forty-eight

(48) months. The judicial officer shall require alcohol and/or drug treatment for the individual.

Such a violation with respect to refusal to submit to a chemical test of blood shall be a civil offense.

Provided, that prior to the reinstatement of a license to a person charged with a third or subsequent

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

hearing, the judicial officer 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 that warrants the reinstatement of their license.

     (6) 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 § 31-27-2.

     (7) 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.

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

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

department of health’s chemical testing programs outlined in §§ 31-27-2(f) and 31-27-2(g), that

shall be deposited as general revenues, not restricted receipts.

     (9) 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.

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

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

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

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

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

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

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

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

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

and/or alcohol or drug treatment. You shall pay a one hundred dollar ($100) assessment to the

ignition interlock fund. If you have had one or more previous offenses within the past five (5) years,

your refusal to submit to a chemical test of breath or urine at this time can have criminal penalties,

including incarceration up to six (6) months for a second offense and up to one year for a third or

subsequent offense, and can carry increased license suspension or and a mandatory ignition

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

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

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

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

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

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

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

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

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

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

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

substances, and/or drugs.

     (11) In addition to any other fines and highway assessments, any person found in violation

of this section shall pay a one hundred dollar ($100) assessment to the ignition interlock system

fund established in § 31-27-2.10.

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

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

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

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

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

and papers. If the 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;

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     (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 § 31-27-3; and

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

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

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

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

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

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

considered a chemical test.

     (f) 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.

     31-27-2.8. Ignition interlock system and/or blood and urine testing imposed as a part

of sentence — Requirements.

     (a) Any person subject to suspension pursuant to §§  31-27-2.1(b)(1) and 31-27-2.1(b)(2)

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

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

27-2.1(b)(2), may shall be prohibited by the sentencing judge or magistrate from operating a motor

vehicle that is not equipped with an ignition interlock system as provided by law, and/or blood and

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

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

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

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

Island), pursuant to this section.

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

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

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

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

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

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

magistrate may exercise his or her discretion and eliminate the requirement of an ignition interlock

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

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vehicle as provided in this section and as provided in §§ 31-27-2 and 31-27-2.1.

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

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

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

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

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

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

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

condition to operating a motor vehicle as provided in this section and as provided in §§ 31-27-2

and 31-27-2.1.

     (b) Notwithstanding any other provisions contained in this chapter, any mandatory period

of license suspension shall, upon request, be reduced by the imposition of an ignition interlock

system and/or blood and urine testing ordered by the court or traffic tribunal as follows:

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

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

testing for three (3) months to one year for the period provided in § 31-27-2(d)(1).

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

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

testing for a the period of six (6) months to two (2) years provided in § 31-27-2.1(c)(1).

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

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

urine testing for a the period of six (6) months to two (2) years provided in § 31-27-2(d)(2).

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

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

testing for a the period of one year to four (4) years provided in § 31-27-2.1(c)(2).

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

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

testing for a the period of one year to four (4) years provided in § 31-27-2(d)(3).

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

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

testing for a the period of two (2) years to ten (10) years provided in § 31-27-2.1(c)(3).

     (7) No license suspension shall be subject to more than a thirty-day (30) license suspension

based solely upon the imposition of an ignition interlock system.

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

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

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

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

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

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

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

determination that the motorist was under the influence of drugs, toluene, or a controlled substance,

but not intoxicating liquor, the judge or magistrate shall, upon request immediately grant a

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

and urine testing pursuant to this section.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

scientifically accurate.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

vehicles prior to any license reinstatement. The motorist’s license shall not be fully reinstated unless

the motorist has successfully completed the prescribed ignition interlock and/or blood and urine

testing period to which the motorist was sentenced.

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

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

his or her discretion and revoke the conditional hardship license, extend the time period for the

ignition interlock system and/or substance abuse testing for an additional period of up to twelve

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

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

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

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

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

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

pursuant to the provisions of this chapter, the judge or magistrate may exercise his or her discretion

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

any imposition of the hardship license. The hardship license shall be valid for twelve (12)

continuous hours per day for any valid reason approved in advance by the sentencing judge or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

tribunal shall:

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

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

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

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

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

require; and

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

maintenance of the ignition interlock system.

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

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

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

of guilt.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

one year.

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

not limited to:

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

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

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

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

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

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

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

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

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

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

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

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

     (m) Any ignition interlock system installed pursuant to the provisions of this chapter shall

be equipped with a camera in order to accurately identify the driver who provides a breath sample.

The provisions of subsections (k) and (l) of this section shall apply to the function of the camera,

and any blocking or moving of the camera as installed shall be considered a violation of subsection

(k)(1) of this section.

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

hereby amended by adding thereto the following section:

     31-27-2.10. Ignition interlock system fund.

     (a) This section shall be administered by the office of the general treasurer.

     (b) The office shall designate a program administrator and shall promulgate rules and

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regulations in accordance with chapter 35 of title 42 (“administrative procedures”) necessary to

implement the purposes of this section.

     (c) There is hereby created an ignition interlock system fund to be administered by the

office of the general treasurer to provide funding for the indigent defendants as defined in § 12-15-

8 who are required to comply with the provisions of §§ 31-27-2, 31-27-2.1 and 31-27-2.8 relating

to ignition interlock systems and who are unable to pay for the system.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES

***

     This act would require any person convicted of driving under the influence or refusal to

submit to a chemical test, have an ignition interlock system installed in their vehicle as part of any

sentence before being eligible for a license reinstatement and would establish a fund that all

offenders would contribute in order to pay for the ignition interlock systems for indigent motorists.

     This act would take effect upon passage.

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