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2013 -- H 5432 | |
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LC00955 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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A N A C T | |
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RELATING TO MOTOR AND OTHER VEHICLES - MOTOR VEHICLE OFFENSES | |
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Introduced By: Representatives Lally, and Keable | |
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Date Introduced: February 13, 2013 | |
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Referred To: House Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 31-27-2.7 of the General Laws in Chapter 31-27 entitled "Motor |
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Vehicle Offenses" is hereby amended to read as follows: |
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31-27-2.7. Driving while impaired. -- (a) A person under the age of twenty-one (21) but |
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at least eighteen (18) years of age who takes a test, as provided for in section 31-27-2, at the |
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request of a law enforcement officer who believes the person to be driving under the influence of |
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alcohol, shall be determined to have been driving while impaired if the test determines the |
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person's blood alcohol concentration to be at least two-hundredths of one percent (.02%) but less |
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than |
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(b) Should, after a hearing in district court, it be determined that: the results of the test |
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are admissible in that it meets all of the conditions, as set forth in section 31-27-2; and the person |
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has been afforded his or her rights as set forth in section 31-27-2; then the judge shall order as |
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follows: |
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(1) A fine of not more than two hundred and fifty dollars ($250) and thirty (30) hours of |
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community restitution. The fine shall be deposited in the general fund. |
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(2) The person's driving license shall be suspended for not less than one nor more than |
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three (3) months on a first violation, provided the person also shall attend a special course in |
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driving while intoxicated and provided that the person shall also attend an alcohol and/or drug |
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treatment program if ordered by the district court judge. Failure or refusal of the person to attend |
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the course and/or alcohol or drug treatment program shall result in the person's driving license |
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being suspended until such time as the course and/or treatment program has been completed. |
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(3) On a second and subsequent violation of the section, the person shall be fined not |
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more than two hundred and fifty dollars ($250) together with a highway safety assessment of |
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three hundred dollars ($300) and shall be required to perform up to sixty (60) hours of community |
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restitution. The person's driving license shall be suspended for not less than three (3) months nor |
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more than six (6) months. The sentencing judge shall also require the person to attend a special |
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course in driving while intoxicated and also attend an alcohol and/or drug treatment program. |
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(c) No suspension, assessments, driving while intoxicated school, or alcohol and/or drug |
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treatment programs under this section can be suspended, shortened, altered, or changed. |
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(d) Any violation of the section shall not be considered a criminal offense. |
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SECTION 2. This act shall take effect upon passage. |
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LC00955 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO MOTOR AND OTHER VEHICLES - MOTOR VEHICLE OFFENSES | |
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This act would decrease the maximum blood alcohol concentration for a person eighteen |
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(18) years to twenty (20) years when charged for driving while impaired from less than one-tenth |
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of one percent (.1%) to less than eight one-hundredths of one percent (.08%) by weight. |
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This act would take effect upon passage. |
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LC00955 | |
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