2024 -- S 2937 | |
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LC005803 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES | |
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Introduced By: Senators Sosnowski, Tikoian, Raptakis, McKenney, and F. Lombardi | |
Date Introduced: March 28, 2024 | |
Referred To: Senate Judiciary | |
(Attorney General) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 31-27-2 and 31-27-2.1 of the General Laws in Chapter 31-27 entitled |
2 | "Motor Vehicle Offenses" are hereby amended to read as follows: |
3 | 31-27-2. Driving under influence of liquor or drugs. |
4 | (a) Whoever drives or otherwise operates any vehicle in the state while under the influence |
5 | of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of |
6 | title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in |
7 | subsection (d)(3), and shall be punished as provided in subsection (d) of this section. |
8 | (b)(1) Any person charged under subsection (a), whose blood alcohol concentration is eight |
9 | one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis of a |
10 | blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall not |
11 | preclude a conviction based on other admissible evidence, including the testimony of a drug |
12 | recognition expert or evaluator, certified pursuant to training approved by the Rhode Island |
13 | department of transportation office on highway safety. Proof of guilt under this section may also |
14 | be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, |
15 | toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of these, |
16 | to a degree that rendered the person incapable of safely operating a vehicle. The fact that any person |
17 | charged with violating this section is, or has been, legally entitled to use alcohol or a drug shall not |
18 | constitute a defense against any charge of violating this section. |
19 | (2) [Deleted by P.L. 2021, ch. 170, § 1 and P.L. 2021, ch. 171, § 1.] |
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1 | (c) In any criminal prosecution for a violation of subsection (a), evidence as to the amount |
2 | of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or |
3 | any combination of these, in the defendant’s blood at the time alleged as shown by a chemical |
4 | analysis of the defendant’s breath, blood, saliva or urine or other bodily substance, shall be |
5 | admissible and competent, provided that evidence is presented that the following conditions have |
6 | been complied with: |
7 | (1) The defendant has consented to the taking of the test upon which the analysis is made. |
8 | Evidence that the defendant had refused to submit to the test shall not be admissible unless the |
9 | defendant elects to testify. |
10 | (2) A true copy of the report of the test result was hand delivered at the location of the test |
11 | or mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath |
12 | test. |
13 | (3) Any person submitting to a chemical test of blood, urine, saliva or other body fluids |
14 | shall have a true copy of the report of the test result mailed to him or her within thirty (30) days |
15 | following the taking of the test. |
16 | (4) The test was performed according to methods and with equipment approved by the |
17 | director of the department of health of the state of Rhode Island and by an authorized individual. |
18 | (5) Equipment used for the conduct of the tests by means of breath analysis had been tested |
19 | for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore |
20 | provided, and breathalyzer operators shall be qualified and certified by the department of health |
21 | within three hundred sixty-five (365) days of the test. |
22 | (6) The person arrested and charged with operating a motor vehicle while under the |
23 | influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of |
24 | title 21 or any combination of these in violation of subsection (a), was afforded the opportunity to |
25 | have an additional chemical test. The officer arresting or so charging the person shall have informed |
26 | the person of this right and afforded him or her a reasonable opportunity to exercise this right, and |
27 | a notation to this effect is made in the official records of the case in the police department. Refusal |
28 | to permit an additional chemical test shall render incompetent and inadmissible in evidence the |
29 | original report. |
30 | (d)(1)(i) Every person found to have violated subsection (b)(1) shall be sentenced as |
31 | follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one |
32 | percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood presence |
33 | of any scheduled controlled substance as defined in chapter 28 of title 21, shall be subject to a fine |
34 | of not less than one hundred dollars ($100), nor more than three hundred dollars ($300); shall be |
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1 | required to perform ten (10) to sixty (60) hours of public community restitution, and/or shall be |
2 | imprisoned for up to one year. The sentence may be served in any unit of the adult correctional |
3 | institutions in the discretion of the sentencing judge and/or shall be required to attend a special |
4 | course on driving while intoxicated or under the influence of a controlled substance; provided, |
5 | however, that the court may permit a servicemember or veteran to complete any court-approved |
6 | counseling program administered or approved by the Veterans’ Administration, and his or her |
7 | driver’s license shall be suspended for thirty (30) days up to one hundred eighty (180) days. The |
8 | sentencing judge or magistrate may prohibit that person from operating a motor vehicle, pursuant |
9 | to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system |
10 | and/or blood and urine testing as provided in § 31-27-2.8. |
11 | (ii) Every person convicted of a first violation whose blood alcohol concentration is one- |
12 | tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent |
13 | (.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less than |
14 | one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required to |
15 | perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for |
16 | up to one year. The sentence may be served in any unit of the adult correctional institutions in the |
17 | discretion of the sentencing judge. The person’s driving license shall be suspended for a period of |
18 | three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special |
19 | course on driving while intoxicated or under the influence of a controlled substance and/or |
20 | alcoholic or drug treatment for the individual; provided, however, that the court may permit a |
21 | servicemember or veteran to complete any court-approved counseling program administered or |
22 | approved by the Veterans’ Administration. The sentencing judge or magistrate may prohibit that |
23 | person from operating a motor vehicle that is not equipped with an ignition interlock system as |
24 | provided in § 31-27-2.8. |
25 | (iii) Every person convicted of a first offense whose blood alcohol concentration is fifteen |
26 | hundredths of one percent (.15%) or above, or who is under the influence of a drug, toluene, or any |
27 | controlled substance as defined in subsection (b)(1), shall be subject to a fine of five hundred dollars |
28 | ($500) and shall be required to perform twenty (20) to sixty (60) hours of public community |
29 | restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit |
30 | of the adult correctional institutions in the discretion of the sentencing judge. The person’s driving |
31 | license shall be suspended for a period of three (3) months to eighteen (18) months. The sentencing |
32 | judge shall require attendance at a special course on driving while intoxicated or under the influence |
33 | of a controlled substance and/or alcohol or drug treatment for the individual; provided, however, |
34 | that the court may permit a servicemember or veteran to complete any court-approved counseling |
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1 | program administered or approved by the Veterans’ Administration. The sentencing judge or |
2 | magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) |
3 | or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and |
4 | urine testing as provided in § 31-27-2.8. |
5 | (2)(i) Every person convicted of a second violation within a five-year (5) ten-year (10) |
6 | period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, |
7 | but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is |
8 | unknown, or who has a blood presence of any controlled substance as defined in chapter 28 of title |
9 | 21, and every person convicted of a second violation within a five-year (5) ten-year (10) period, |
10 | regardless of whether the prior violation and subsequent conviction was a violation and subsequent |
11 | conviction under this statute or under the driving under the influence of liquor or drugs statute of |
12 | any other state, shall be subject to a mandatory fine of four hundred dollars ($400). The person’s |
13 | driving license shall be suspended for a period of one year to two (2) years, and the individual shall |
14 | be sentenced to not less than ten (10) days, nor more than one year, in jail. The sentence may be |
15 | served in any unit of the adult correctional institutions in the discretion of the sentencing judge; |
16 | however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The |
17 | sentencing judge shall require alcohol or drug treatment for the individual; provided, however, that |
18 | the court may permit a servicemember or veteran to complete any court-approved counseling |
19 | program administered or approved by the Veterans’ Administration and shall prohibit that person |
20 | from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not |
21 | equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27- |
22 | 2.8. |
23 | (ii) Every person convicted of a second violation within a five-year (5) ten-year (10) period |
24 | whose blood alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight |
25 | as shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence |
26 | of a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to |
27 | mandatory imprisonment of not less than six (6) months, nor more than one year; a mandatory fine |
28 | of not less than one thousand dollars ($1,000); and a mandatory license suspension for a period of |
29 | two (2) years from the date of completion of the sentence imposed under this subsection. The |
30 | sentencing judge shall require alcohol or drug treatment for the individual; provided, however, that |
31 | the court may permit a servicemember or veteran to complete any court approved counseling |
32 | program administered or approved by the Veterans’ Administration. The sentencing judge or |
33 | magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) |
34 | or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and |
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1 | urine testing as provided in § 31-27-2.8. |
2 | (3)(i) Every person convicted of a third or subsequent violation within a five-year (5) ten- |
3 | year (10) period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) |
4 | or above, but less than fifteen hundredths of one percent (.15%), or whose blood alcohol |
5 | concentration is unknown or who has a blood presence of any scheduled controlled substance as |
6 | defined in chapter 28 of title 21, regardless of whether any prior violation and subsequent |
7 | conviction was a violation and subsequent conviction under this statute or under the driving under |
8 | the influence of liquor or drugs statute of any other state, shall be guilty of a felony and be subject |
9 | to a mandatory fine of four hundred ($400) dollars. The person’s driving license shall be suspended |
10 | for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less than |
11 | one year and not more than three (3) years in jail. The sentence may be served in any unit of the |
12 | adult correctional institutions in the discretion of the sentencing judge; however, not less than forty- |
13 | eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require |
14 | alcohol or drug treatment for the individual; provided, however, that the court may permit a |
15 | servicemember or veteran to complete any court-approved counseling program administered or |
16 | approved by the Veterans’ Administration, and shall prohibit that person from operating a motor |
17 | vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition |
18 | interlock system and/or blood and urine testing as provided in § 31-27-2.8. |
19 | (ii) Every person convicted of a third or subsequent violation within a ten-year (10) period |
20 | whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above by weight as |
21 | shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence of |
22 | a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to |
23 | mandatory imprisonment of not less than three (3) years, nor more than five (5) years; a mandatory |
24 | fine of not less than one thousand dollars ($1,000), nor more than five thousand dollars ($5,000); |
25 | and a mandatory license suspension for a period of three (3) years from the date of completion of |
26 | the sentence imposed under this subsection. The sentencing judge shall require alcohol or drug |
27 | treatment for the individual. The sentencing judge or magistrate shall prohibit that person from |
28 | operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not |
29 | equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27- |
30 | 2.8. |
31 | (iii) In addition to the foregoing penalties, every person convicted of a third or subsequent |
32 | violation within a five-year (5) ten-year (10) period, regardless of whether any prior violation and |
33 | subsequent conviction was a violation and subsequent conviction under this statute or under the |
34 | driving under the influence of liquor or drugs statute of any other state, shall be subject, in the |
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1 | discretion of the sentencing judge, to having the vehicle owned and operated by the violator seized |
2 | and sold by the state of Rhode Island, with all funds obtained by the sale to be transferred to the |
3 | general fund. |
4 | (4) Whoever drives or otherwise operates any vehicle in the state while under the influence |
5 | of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of |
6 | title 21, or any combination of these, when his or her license to operate is suspended, revoked, or |
7 | cancelled for operating under the influence of a narcotic drug or intoxicating liquor, shall be guilty |
8 | of a felony punishable by imprisonment for not more than three (3) years and by a fine of not more |
9 | than three thousand dollars ($3,000). The court shall require alcohol and/or drug treatment for the |
10 | individual; provided, the penalties provided for in this subsection (d)(4) shall not apply to an |
11 | individual who has surrendered his or her license and served the court-ordered period of suspension, |
12 | but who, for any reason, has not had his or her license reinstated after the period of suspension, |
13 | revocation, or suspension has expired; provided, further, the individual shall be subject to the |
14 | provisions of subsection (d)(2)(i), (d)(2)(ii), (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) regarding subsequent |
15 | offenses, and any other applicable provision of this section. |
16 | (5)(i) For purposes of determining the period of license suspension, a prior violation shall |
17 | constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1. |
18 | (ii) Any person over the age of eighteen (18) who is convicted under this section for |
19 | operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of |
20 | these, while a child under the age of thirteen (13) years was present as a passenger in the motor |
21 | vehicle when the offense was committed shall be subject to immediate license suspension pending |
22 | prosecution. Any person convicted of violating this section shall be guilty of a misdemeanor for a |
23 | first offense and may be sentenced to a term of imprisonment of not more than one year and a fine |
24 | not to exceed one thousand dollars ($1,000). Any person convicted of a second or subsequent |
25 | offense shall be guilty of a felony offense and may be sentenced to a term of imprisonment of not |
26 | more than five (5) years and a fine not to exceed five thousand dollars ($5,000). The sentencing |
27 | judge shall also order a license suspension of up to two (2) years, require attendance at a special |
28 | course on driving while intoxicated or under the influence of a controlled substance, and alcohol |
29 | or drug education and/or treatment. The individual may also be required to pay a highway |
30 | assessment fee of no more than five hundred dollars ($500) and the assessment shall be deposited |
31 | in the general fund. |
32 | (6)(i) Any person convicted of a violation under this section shall pay a highway |
33 | assessment fine of five hundred dollars ($500) that shall be deposited into the general fund. The |
34 | assessment provided for by this subsection shall be collected from a violator before any other fines |
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1 | authorized by this section. |
2 | (ii) Any person convicted of a violation under this section shall be assessed a fee of eighty- |
3 | six dollars ($86). |
4 | (7)(i) If the person convicted of violating this section is under the age of eighteen (18) |
5 | years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of |
6 | public community restitution and the juvenile’s driving license shall be suspended for a period of |
7 | six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing |
8 | judge shall also require attendance at a special course on driving while intoxicated or under the |
9 | influence of a controlled substance and alcohol or drug education and/or treatment for the juvenile. |
10 | The juvenile may also be required to pay a highway assessment fine of no more than five hundred |
11 | dollars ($500) and the assessment imposed shall be deposited into the general fund. |
12 | (ii) If the person convicted of violating this section is under the age of eighteen (18) years, |
13 | for a second or subsequent violation regardless of whether any prior violation and subsequent |
14 | conviction was a violation and subsequent conviction under this statute or under the driving under |
15 | the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory |
16 | suspension of his or her driving license until such time as he or she is twenty-one (21) years of age |
17 | and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training |
18 | school for a period of not more than one year and/or a fine of not more than five hundred dollars |
19 | ($500). |
20 | (8) Any person convicted of a violation under this section may undergo a clinical |
21 | assessment at the community college of Rhode Island’s center for workforce and community |
22 | education. Should this clinical assessment determine problems of alcohol, drug abuse, or |
23 | psychological problems associated with alcoholic or drug abuse, this person shall be referred to an |
24 | appropriate facility, licensed or approved by the department of behavioral healthcare, |
25 | developmental disabilities and hospitals, for treatment placement, case management, and |
26 | monitoring. In the case of a servicemember or veteran, the court may order that the person be |
27 | evaluated through the Veterans’ Administration. Should the clinical assessment determine |
28 | problems of alcohol, drug abuse, or psychological problems associated with alcohol or drug abuse, |
29 | the person may have their treatment, case management, and monitoring administered or approved |
30 | by the Veterans’ Administration. |
31 | (9) Notwithstanding any other sentencing and disposition provisions contained in this |
32 | chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was |
33 | operating a vehicle in the state while under the influence of drugs, toluene, or any controlled |
34 | substance as evidenced by the presence of controlled substances on or about the person or vehicle, |
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1 | or other reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a |
2 | preliminary breath test, results from a breathalyzer that indicates no blood alcohol concentration, |
3 | or both, the judge or magistrate may exercise his or her discretion and eliminate the requirement of |
4 | an ignition interlock system; provided, that blood and/or urine testing is mandated as a condition |
5 | to operating a motor vehicle as provided in § 31-27-2.8. |
6 | (10) Notwithstanding any other sentencing and disposition provisions contained in this |
7 | chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was |
8 | operating a vehicle in the state while under the influence of drugs, toluene, or any controlled |
9 | substance as evidenced by the presence of controlled substances on or about the person or vehicle, |
10 | or other reliable indicia or articulable conditions thereof and intoxicating liquor based on a |
11 | preliminary breath test, results from a breathalyzer that indicates blood alcohol concentration, or |
12 | both, the judge or magistrate may require an ignition interlock system in addition to blood and/or |
13 | urine testing as a condition to operating a motor vehicle as provided in § 31-27-2.8. |
14 | (e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per |
15 | one hundred cubic centimeters (100 cc) of blood. |
16 | (f)(1) There is established an alcohol and drug safety unit within the division of motor |
17 | vehicles to administer an alcohol safety action program. The program shall provide for placement |
18 | and follow-up for persons who are required to pay the highway safety assessment. The alcohol and |
19 | drug safety action program will be administered in conjunction with alcohol and drug programs |
20 | licensed by the department of behavioral healthcare, developmental disabilities and hospitals. |
21 | (2) Persons convicted under the provisions of this chapter shall be required to attend a |
22 | special course on driving while intoxicated or under the influence of a controlled substance, and/or |
23 | participate in an alcohol or drug treatment program, which course and programs must meet the |
24 | standards established by the Rhode Island department of behavioral healthcare, developmental |
25 | disabilities and hospitals; provided, however, that the court may permit a servicemember or veteran |
26 | to complete any court-approved counseling program administered or approved by the Veterans’ |
27 | Administration. The course shall take into consideration any language barrier that may exist as to |
28 | any person ordered to attend, and shall provide for instruction reasonably calculated to |
29 | communicate the purposes of the course in accordance with the requirements of the subsection. |
30 | Any costs reasonably incurred in connection with the provision of this accommodation shall be |
31 | borne by the person being retrained. A copy of any violation under this section shall be forwarded |
32 | by the court to the alcohol and drug safety unit. In the event that persons convicted under the |
33 | provisions of this chapter fail to attend and complete the above course or treatment program, as |
34 | ordered by the judge, then the person may be brought before the court, and after a hearing as to |
| LC005803 - Page 8 of 16 |
1 | why the order of the court was not followed, may be sentenced to jail for a period not exceeding |
2 | one year. |
3 | (3) The alcohol and drug safety action program within the division of motor vehicles shall |
4 | be funded by general revenue appropriations. |
5 | (g) The director of the department of health is empowered to make and file with the |
6 | secretary of state regulations that prescribe the techniques and methods of chemical analysis of the |
7 | person’s body fluids or breath and the qualifications and certification of individuals authorized to |
8 | administer this testing and analysis. |
9 | (h) Jurisdiction for misdemeanor violations of this section shall be with the district court |
10 | for persons eighteen (18) years of age or older and to the family court for persons under the age of |
11 | eighteen (18) years. The courts shall have full authority to impose any sentence authorized and to |
12 | order the suspension of any license for violations of this section. Trials in superior court are not |
13 | required to be scheduled within thirty (30) days of the arraignment date. |
14 | (i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on |
15 | driving while intoxicated or under the influence of a controlled substance, public community |
16 | restitution, or jail provided for under this section can be suspended. |
17 | (j) An order to attend a special course on driving while intoxicated, that shall be |
18 | administered in cooperation with a college or university accredited by the state, shall include a |
19 | provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars |
20 | ($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into |
21 | the general fund. |
22 | (k) For the purposes of this section, any test of a sample of blood, breath, or urine for the |
23 | presence of alcohol that relies in whole or in part upon the principle of infrared light absorption is |
24 | considered a chemical test. |
25 | (l) If any provision of this section, or the application of any provision, shall for any reason |
26 | be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the |
27 | section, but shall be confined in this effect to the provision or application directly involved in the |
28 | controversy giving rise to the judgment. |
29 | (m) For the purposes of this section, “servicemember” means a person who is presently |
30 | serving in the armed forces of the United States, including the Coast Guard, a reserve component |
31 | thereof, or the National Guard. “Veteran” means a person who has served in the armed forces, |
32 | including the Coast Guard of the United States, a reserve component thereof, or the National Guard, |
33 | and has been discharged under other than dishonorable conditions. |
34 | 31-27-2.1. Refusal to submit to chemical test. |
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1 | (a) Any person who operates a motor vehicle within this state shall be deemed to have |
2 | given his or her consent to chemical tests of his or her breath, blood, saliva and/or urine for the |
3 | purpose of determining the chemical content of his or her body fluids or breath. No more than two |
4 | (2) complete tests, one for the presence of intoxicating liquor and one for the presence of toluene |
5 | or any controlled substance, as defined in § 21-28-1.02, shall be administered at the direction of a |
6 | law enforcement officer having reasonable grounds to believe the person to have been driving a |
7 | motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any |
8 | controlled substance, as defined in chapter 28 of title 21, or any combination of these. The director |
9 | of the department of health is empowered to make and file, with the secretary of state, regulations |
10 | that prescribe the techniques and methods of chemical analysis of the person’s body fluids or breath |
11 | and the qualifications and certification of individuals authorized to administer the testing and |
12 | analysis. |
13 | (b) If a person, for religious or medical reasons, cannot be subjected to blood tests, the |
14 | person may file an affidavit with the division of motor vehicles stating the reasons why he or she |
15 | cannot be required to take blood tests and a notation to this effect shall be made on his or her |
16 | license. If that person is asked to submit to chemical tests as provided under this chapter, the person |
17 | shall only be required to submit to chemical tests of his or her breath, saliva or urine. When a person |
18 | is requested to submit to blood tests, only a physician or registered nurse, or a medical technician |
19 | certified under regulations promulgated by the director of the department of health, may withdraw |
20 | blood for the purpose of determining the alcoholic content in it. This limitation shall not apply to |
21 | the taking of breath, saliva or urine specimens. The person tested shall be permitted to have a |
22 | physician of his or her own choosing, and at his or her own expense, administer chemical tests of |
23 | his or her breath, blood, saliva and/or urine in addition to the tests administered at the direction of |
24 | a law enforcement officer. If a person, having been placed under arrest, refuses upon the request of |
25 | a law enforcement officer to submit to the tests, as provided in § 31-27-2, none shall be given. |
26 | (1) At the initial traffic tribunal appearance, the magistrate shall review the incident, action, |
27 | and/or arrest reports submitted by the law enforcement officer to determine if there exists |
28 | reasonable grounds to believe that the person had been driving a motor vehicle while under the |
29 | influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of |
30 | title 21, or any combination thereof. The magistrate shall also determine if the person had been |
31 | informed of the penalties incurred as a result of failing to submit to a chemical test as provided in |
32 | this section and that the person had been informed of the implied consent notice contained in |
33 | subsection (c)(10) of this section. For the purpose of this subsection only, “driving a motor vehicle |
34 | while under the influence of any controlled substance as defined in chapter 28 of title 21” shall be |
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1 | indicated by the presence or aroma of a controlled substance on or about the person or vehicle of |
2 | the individual refusing the chemical test or other reliable indicia or articulable conditions that the |
3 | person was impaired due to their intake of a controlled substance. |
4 | (2) If the magistrate determines that subsection (b)(1) of this section has been satisfied they |
5 | shall promptly order that the person’s operator’s license or privilege to operate a motor vehicle in |
6 | this state be immediately suspended. Said suspension shall be subject to the hardship provisions |
7 | enumerated in § 31-27-2.8. |
8 | (c) A traffic tribunal judge or magistrate, or a district court judge or magistrate, pursuant |
9 | to the terms of subsection (d) of this section, shall order as follows: |
10 | (1) Impose, for the first violation, a fine in the amount of two hundred dollars ($200) to |
11 | five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of |
12 | public community restitution. The person’s driving license in this state shall be suspended for a |
13 | period of six (6) months to one year. The traffic tribunal judge or magistrate shall require attendance |
14 | at a special course on driving while intoxicated or under the influence of a controlled substance |
15 | and/or alcohol or drug treatment for the individual. The traffic tribunal judge or magistrate may |
16 | prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock |
17 | system and/or blood and urine testing as provided in § 31-27-2.8. |
18 | (2) Every person convicted of a second violation within a five-year (5) ten-year (10) period, |
19 | except with respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; |
20 | shall be imprisoned for not more than six (6) months; shall pay a fine in the amount of six hundred |
21 | dollars ($600) to one thousand dollars ($1,000); perform sixty (60) to one hundred (100) hours of |
22 | public community restitution; and the person’s driving license in this state shall be suspended for |
23 | a period of one year to two (2) years. The judge or magistrate shall require alcohol and/or drug |
24 | treatment for the individual. The sentencing judge or magistrate shall prohibit that person from |
25 | operating a motor vehicle that is not equipped with an ignition interlock system and/or blood and |
26 | urine testing as provided in § 31-27-2.8. |
27 | (3) Every person convicted for a third or subsequent violation within a five-year (5) ten- |
28 | year (10) period, except with respect to cases of refusal to submit to a blood test, shall be guilty of |
29 | a misdemeanor; and shall be imprisoned for not more than one year; fined eight hundred dollars |
30 | ($800) to one thousand dollars ($1,000); shall perform not less than one hundred (100) hours of |
31 | public community restitution; and the person’s operator’s license in this state shall be suspended |
32 | for a period of two (2) years to five (5) years. The sentencing judge or magistrate shall prohibit that |
33 | person from operating a motor vehicle that is not equipped with an ignition interlock system and/or |
34 | blood and urine testing as provided in § 31-27-2.8. The judge or magistrate shall require alcohol or |
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1 | drug treatment for the individual. Provided, that prior to the reinstatement of a license to a person |
2 | charged with a third or subsequent violation within a three-year (3) period, a hearing shall be held |
3 | before a judge or magistrate. At the hearing, the judge or magistrate shall review the person’s |
4 | driving record, his or her employment history, family background, and any other pertinent factors |
5 | that would indicate that the person has demonstrated behavior that warrants the reinstatement of |
6 | his or her license. |
7 | (4) For a second violation within a five-year (5) ten-year (10) period with respect to a case |
8 | of a refusal to submit to a blood test, a fine in the amount of six hundred dollars ($600) to one |
9 | thousand dollars ($1,000); the person shall perform sixty (60) to one hundred (100) hours of public |
10 | community restitution; and the person’s driving license in this state shall be suspended for a period |
11 | of two (2) years. The judicial officer shall require alcohol and/or drug treatment for the individual. |
12 | The sentencing judicial officer shall prohibit that person from operating a motor vehicle that is not |
13 | equipped with an ignition interlock system as provided in § 31-27-2.8. Such a violation with respect |
14 | to refusal to submit to a chemical blood test shall be a civil offense. |
15 | (5) For a third or subsequent violation within a five-year (5) ten-year (10) period with |
16 | respect to a case of a refusal to submit to a blood test, a fine in the amount of eight hundred dollars |
17 | ($800) to one thousand dollars ($1,000); the person shall perform not less than one hundred (100) |
18 | hours of public community restitution; and the person’s driving license in this state shall be |
19 | suspended for a period of two (2) to five (5) years. The sentencing judicial officer shall prohibit |
20 | that person from operating a motor vehicle that is not equipped with an ignition interlock system |
21 | as provided in § 31-27-2.8. The judicial officer shall require alcohol and/or drug treatment for the |
22 | individual. Such a violation with respect to refusal to submit to a chemical test of blood shall be a |
23 | civil offense. Provided, that prior to the reinstatement of a license to a person charged with a third |
24 | or subsequent violation within a three-year (3) period, a hearing shall be held before a judicial |
25 | officer. At the hearing, the judicial officer shall review the person’s driving record, his or her |
26 | employment history, family background, and any other pertinent factors that would indicate that |
27 | the person has demonstrated behavior that warrants the reinstatement of their license. |
28 | (6) For purposes of determining the period of license suspension, a prior violation shall |
29 | constitute any charge brought and sustained under the provisions of this section or § 31-27-2. |
30 | (7) In addition to any other fines, a highway safety assessment of five hundred dollars |
31 | ($500) shall be paid by any person found in violation of this section, the assessment to be deposited |
32 | into the general fund. The assessment provided for by this subsection shall be collected from a |
33 | violator before any other fines authorized by this section. |
34 | (8) In addition to any other fines and highway safety assessments, a two-hundred-dollar |
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1 | ($200) assessment shall be paid by any person found in violation of this section to support the |
2 | department of health’s chemical testing programs outlined in §§ 31-27-2(f) and 31-27-2(g), that |
3 | shall be deposited as general revenues, not restricted receipts. |
4 | (9) No fines, suspensions, assessments, alcohol or drug treatment programs, course on |
5 | driving while intoxicated or under the influence of a controlled substance, or public community |
6 | restitution provided for under this section can be suspended. |
7 | (10) Implied consent notice for persons eighteen (18) years of age or older: “Rhode Island |
8 | law requires you to submit to a chemical test of your blood, breath, saliva, or urine for the purpose |
9 | of determining the chemical content of your body fluids or breath. If you refuse this testing, certain |
10 | penalties can be imposed and include the following: for a first offense, your Rhode Island driver’s |
11 | license or privilege to operate a motor vehicle in this state can be suspended for six (6) months to |
12 | one year or modified to permit operation in connection with an ignition interlock device and/or |
13 | blood and urine testing for a period specified by law; a fine from two hundred dollars ($200) to five |
14 | hundred dollars ($500) can be imposed; and you can be ordered to perform ten (10) to sixty (60) |
15 | hours of community service and attend a special course on driving while intoxicated or under the |
16 | influence of a controlled substance and/or alcohol or drug treatment. If you have had one or more |
17 | previous offenses within the past five-year (5) ten-year (10) years, your refusal to submit to a |
18 | chemical test of breath or urine at this time can have criminal penalties, including incarceration up |
19 | to six (6) months for a second offense and up to one year for a third or subsequent offense, and can |
20 | carry increased license suspension or ignition interlock period and/or blood and urine testing |
21 | periods, fines, and community service. All violators shall pay a five hundred dollar ($500) highway |
22 | safety assessment fee, a two hundred dollar ($200) department of health chemical testing programs |
23 | assessment fee, and a license reinstatement fee. Refusal to submit to a chemical test of blood shall |
24 | not subject you to criminal penalties for the refusal itself, but if you have one or more previous |
25 | offenses other civil penalties may increase. You have the right to be examined at your own expense |
26 | by a physician selected by you. If you submit to a chemical test at this time, you have the right to |
27 | have an additional chemical test performed at your own expense. You will be afforded a reasonable |
28 | opportunity to exercise these rights. Access to a telephone will be made available for you to make |
29 | those arrangements. You may now use a telephone.” |
30 | Use of this implied consent notice shall serve as evidence that a person’s consent to a |
31 | chemical test is valid in a prosecution involving driving under the influence of liquor, controlled |
32 | substances, and/or drugs. |
33 | (d) Upon suspending or refusing to issue a license or permit as provided in subsection (a), |
34 | the traffic tribunal or district court shall immediately notify the person involved in writing, and |
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1 | upon his or her request, within fifteen (15) days, afford the person an opportunity for a hearing as |
2 | early as practical upon receipt of a request in writing. Upon a hearing, the judge may administer |
3 | oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books |
4 | and papers. If the judge finds after the hearing that: |
5 | (1) The law enforcement officer making the sworn report had reasonable grounds to believe |
6 | that the arrested person had been driving a motor vehicle within this state while under the influence |
7 | of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or |
8 | any combination of these; |
9 | (2) The person, while under arrest, refused to submit to the tests upon the request of a law |
10 | enforcement officer; |
11 | (3) The person had been informed of his or her rights in accordance with § 31-27-3; and |
12 | (4) The person had been informed of the penalties incurred as a result of noncompliance |
13 | with contained in the implied consent notice set forth in subsection (c)(10) of this section, the judge |
14 | shall sustain the violation. The judge shall then impose the penalties set forth in subsection (c) of |
15 | this section. Action by the judge must be taken within seven (7) days after the hearing or it shall be |
16 | presumed that the judge has refused to issue his or her order of suspension. |
17 | (e) For the purposes of this section, any test of a sample of blood, breath, or urine for the |
18 | presence of alcohol that relies, in whole or in part, upon the principle of infrared light absorption is |
19 | considered a chemical test. |
20 | (f) If any provision of this section, or the application of any provision, shall, for any reason, |
21 | be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the section, |
22 | but shall be confined in this effect to the provisions or application directly involved in the |
23 | controversy giving rise to the judgment. |
24 | SECTION 2. Section 31-41.1-11 of the General Laws in Chapter 31-41.1 entitled |
25 | "Adjudication of Traffic Offenses" is hereby amended to read as follows: |
26 | 31-41.1-11. Jurisdiction. |
27 | (a) The traffic tribunal shall have exclusive original jurisdiction over the adjudication of |
28 | charges under § 31-27-2.1(c)(1) (Refusal to submit to chemical test first violation). |
29 | (b) The district court shall have exclusive original jurisdiction over the adjudication of |
30 | charges under § 31-27-2.1(c)(2) and (3) (Refusal to submit to chemical test, second violation and |
31 | third and subsequent violations). |
32 | (c) The traffic tribunal shall have exclusive original jurisdiction over the adjudication of |
33 | charges under § 31-27-2.1(c)(4) and (5) (Refusal to submit to a chemical test, second violation and |
34 | third and subsequent violations with respect to a case of refusal to submit to a blood test). |
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1 | (c)(d) Nothing in subsections (a) and (b) of this section shall be deemed to abrogate the |
2 | jurisdiction of any municipal court under the provisions of chapter 18 of title 8 of the general laws. |
3 | 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 | |
*** | |
1 | This act would extend the "lookback" period for repeat offenses involving driving under |
2 | the influence of alcohol or drugs under § 31-27-2 and for repeat offenses related to failure or refusal |
3 | to submit to chemical tests under § 31-27-2.1 from five (5) to ten (10) years. |
4 | This act would take effect upon passage. |
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