It is enacted by the General Assembly as follows:
SECTION 1.Sections 31-27-2.5 and 31-27-2.7 of the General Laws in Chapter 31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows:
{ADD 31-27-2.5. Chemical tests to persons under eighteen (18) years of age -- Refusal -- License suspension. -- ADD} (a) Any person under eighteen (18) years of age who shall refuse to submit to a chemical test as provided in section 31-27-2 shall have imposed all the penalties provided by section 31-27-2.1, but shall have his or her license suspended on a first violation for six (6) months, subject to the terms of subsection (e) below.
(b) Jurisdiction for violations of this section is hereby given to the family court.
(c) If such person as set forth in subsection (a) above refuses, upon the request of a law enforcement officer, to submit to a test as provided in section 31-27-2.1, as amended, none shall be given, but a judge of the family court, upon receipt of a report or testimony of a law enforcement officer that he or she had probable cause to stop the arrested person and reasonable grounds to believe the arrested person had been driving a motor vehicle within this state while impaired by intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any combination thereof, that the person had been informed of his or her rights in accordance with section 31-27-3, that the person had been informed of the penalties to be incurred as a result of noncompliance with this section, and that the person had refused to submit to the test upon the request of a law enforcement officer, shall promptly order a hearing on whether the person's operator's license or privilege to operate a motor vehicle in this state shall be suspended, and, upon suspension shall order the license of the person to be surrendered to the Rhode Island department of administration, registry of motor vehicles, within three (3) days.
(d) If the person takes a test as provided in section 31-27-2 and the test determines the person's blood alcohol concentration to be at least {DEL four-hundredths of one percent (.04%) DEL} {ADD two hundredths of one percent (.02%) ADD} but less than one-tenth of one percent (.1%) by weight, the person shall be determined to have been driving while impaired. A judge of the family court shall, pursuant to the terms of subsection (e) within, thereafter order as follows:
(1) A highway safety assessment of one hundred fifty dollars ($150) or community service in lieu of highway safety assessment shall be paid by any person found in violation of this section. The assessment shall be deposited into the general fund.
(2) The person's driving license shall be suspended for six (6) months on a first violation, and may be suspended for a period of up to twelve (12) months, provided the person also shall attend a special course on driving while intoxicated and provided that the person shall also attend an alcohol and or drug treatment program if ordered by the family court judge. Failure or refusal of the person to attend the course and/or alcohol or drug treatment program shall result in the person's driving license being suspended until such time as the course or treatment program has been completed.
(3) On a second violation of this section, the person's driving license shall be suspended until such time as he or she is twenty one (21) years of age. The sentencing judge shall require alcohol and/or drug treatment for the individual.v
(4) On a third or subsequent violation, the person's driving license shall be suspended for an additional period of two (2) years and the sentencing judge shall require alcohol and/or drug treatment for the individual.
(5) No suspensions, assessments, driving while intoxicated school or alcohol and/or drug treatment programs under this section can be suspended, shortened, altered, or changed.
(e) Upon suspending a license or permit as provided in subsection (a), (c) or (e) of this section, the family court shall immediately notify the person involved, in writing, as well as the custodial parent if the person is under the age of eighteen (18) years.
(f) The police department which charges any person under eighteen (18) years of age with refusal to submit to a chemical test, driving while impaired by intoxicating liquors or drugs, or driving while under the influence of liquor or drugs, shall ascertain the name and address of the custodial parent of the person and shall notify the parent in writing within ten (10) days of the charge.
(g) The Rhode Island department of administration, upon issuing a first license to a person sixteen (16) or seventeen (17) years of age, shall provide a written notice of the penalties provided by this section. Any violation of this section shall not be considered a criminal offense.
{ADD 31-27-2.7. Driving while impaired. -- ADD} (a) A person under the age of twenty-one (21) but at least eighteen (18) years of age who takes a test, as provided for in section 31-27-2, at the request of a law enforcement officer who believes the person to be driving under the influence of liquor, shall be determined to have been driving while impaired if the test determines the person's blood alcohol concentration to be at least {DEL four-hundredths of one percent (.04%) DEL} {ADD two hundredths of one percent (.02%) ADD} but less than one-tenth of one percent (.1%) by weight.
(b) Should after a hearing in district court it be determined that:
(1) The results of the test are admissable in that it meets all of the conditions, as set forth in section 31-27-2, and
(2) The person has been afforded his or her rights as set forth in section 31-27-2, then the judge shall thereafter order as follows:
(i) A fine of not more than two hundred and fifty dollars ($250) and thirty (30) hours of community service. The fine shall be deposited in the general fund.
(ii) The person's driving license shall be suspended for not less than one nor more than three (3) months on a first violation, provided the person also shall attend a special course in driving while intoxicated and provided that the person shall also attend an alcohol and/or drug treatment program if ordered by the district court judge. Failure or refusal of the person to attend the course and/or alcohol or drug treatment program shall result in the person's driving license being suspended until such time as the course in treatment program has been completed.
(iii) On a second and subsequent violation of the section, the person shall be fined not more than two hundred and fifty dollars ($250) together with a highway safety assessment of three hundred dollars ($300) and shall be required to perform up to sixty (60) hours of community service. The person's driving license shall also be suspended for not less than three (3) months nor more than six (6) months. The sentencing judge shall also require the person to attend a special course in driving while intoxicated and also attend an alcohol and/or drug treatment program.
(c) No suspensions, assessments, driving while intoxicated school, or alcohol and/or drug treatment programs under this section can be suspended, shortened, altered, or changed.
(d) Any violation of the section shall not be considered a criminal offense.
SECTION 2. This act shall take effect upon passage.