Introduced By: Representative Kilmartin
Date Introduced : February 2, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Section 31-22-21 of the General Laws in Chapter 31-22 entitled "Miscellaneous Rules" is hereby repealed in its entirety.
{DEL 31-22-21. Consumption of alcoholic beverages while operating a motor vehicle -- Penalties. --DEL} {DEL (a) Any person
found in violation of operating a motor vehicle upon the public
highways of this state while consuming alcoholic beverages may
be fined not more than two hundred dollars ($200) or by suspension
of driver's license for up to six (6) months or both. DEL}
{DEL (b) Any person found in violation of a second violation
of this section may be fined not more than five hundred dollars
($500) or by suspension of driver's license for up to one year
or both. DEL}
{DEL (c) The original jurisdiction of this section shall be
exclusively in the administrative adjudication court. DEL}
SECTION 2. Chapter 31-22 of the General Laws entitled "Miscellaneous Rules" is hereby amended by adding thereto the following section:
{ADD 31-22-21.1. Presence of alcoholic beverages while operating or riding in a motor vehicle. -- ADD} {ADD No person shall operate a motor vehicle upon the public highways with any unsealed alcoholic beverage container within the passenger section of said vehicle. Any person found in violation of this section may be fined not more than two hundred dollars ($200) or have his or her driver's license suspended for up to six (6) months, or both for the first violation, and for each subsequent violation may be fined not more than five hundred dollars ($500) or have his or her driver's license suspended for up to one (1) year, or both.
The operator of a rented limousine or bus shall not be subject to the provisions of this section provided neither said operator nor any passenger under the age of twenty-one (21) is in possession of any unsealed alcoholic beverage container. ADD}{ADD The original jurisdiction of this section shall be exclusively in the administrative adjudication division.ADD}
SECTION 3. This act shall take effect upon passage.
