2016 -- S 2707

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LC004514

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES

     

     Introduced By: Senators Sosnowski, Raptakis, Goodwin, Conley, and Archambault

     Date Introduced: March 08, 2016

     Referred To: Senate Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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

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entitled "Motor Vehicle Offenses" are hereby amended to read as follows:

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     31-27-2. Driving under influence of liquor or drugs. -- (a) Whoever drives or

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otherwise operates any vehicle in the state while under the influence of any intoxicating liquor,

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drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any

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combination of these, shall be guilty of a misdemeanor except as provided in subdivision (d)(3)

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

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      (b) (1) Any person charged under subsection (a) of this section whose blood alcohol

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concentration is eight one-hundredths of one percent (.08%) or more by weight, as shown by a

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chemical analysis of a blood, breath, or urine sample, shall be guilty of violating subsection (a) of

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this section. This provision shall not preclude a conviction based on other admissible evidence.

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Proof of guilt under this section may also be based on evidence that the person charged was under

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the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter

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28 of title 21, or any combination of these, to a degree that rendered the person incapable of

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safely operating a vehicle. The fact that any person charged with violating this section is, or has

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been, legally entitled to use alcohol or a drug shall not constitute a defense against any charge of

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violating this section.

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      (2) Whoever drives, or otherwise operates, any vehicle in the state with a blood presence

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of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by

 

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analysis of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as

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provided in subsection (d) of this section.

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      (c) In any criminal prosecution for a violation of subsection (a) of this section, evidence

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as to the amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter

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28 of title 21, or any combination of these, in the defendant's blood at the time alleged as shown

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by a chemical analysis of the defendant's breath, blood, or urine or other bodily substance, shall

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be admissible and competent, provided that evidence is presented that the following conditions

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have been complied with:

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      (1) The defendant has consented to the taking of the test upon which the analysis is

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made. Evidence that the defendant had refused to submit to the test shall not be admissible unless

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the defendant elects to testify.

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      (2) A true copy of the report of the test result was mailed within seventy-two (72) hours

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of the taking of the test to the person submitting to a breath test.

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      (3) Any person submitting to a chemical test of blood, urine, or other body fluids shall

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have a true copy of the report of the test result mailed to him or her within thirty (30) days

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following the taking of the test.

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      (4) The test was performed according to methods and with equipment approved by the

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director of the department of health of the state of Rhode Island and by an authorized individual.

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      (5) Equipment used for the conduct of the tests by means of breath analysis had been

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tested for accuracy within thirty (30) days preceding the test by personnel qualified as

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hereinbefore provided, and breathalyzer operators shall be qualified and certified by the

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department of health within three hundred sixty-five (365) days of the test.

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      (6) The person arrested and charged with operating a motor vehicle while under the

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influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of

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title 21, or, any combination of these in violation of subsection (a) of this section, was afforded

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the opportunity to have an additional chemical test. The officer arresting or so charging the

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person shall have informed the person of this right and afforded him or her a reasonable

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opportunity to exercise this right, and a notation to this effect is made in the official records of the

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case in the police department. Refusal to permit an additional chemical test shall render

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incompetent and inadmissible in evidence the original report.

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      (d) (1) (i) Every person found to have violated subdivision (b)(1) of this section shall be

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sentenced as follows: for a first violation whose blood alcohol concentration is eight one-

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hundredths of one percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who

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has a blood presence of any scheduled controlled substance as defined in subdivision (b)(2), shall

 

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be subject to a fine of not less than one hundred dollars ($100) nor more than three hundred

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dollars ($300); shall be required to perform ten (10) to sixty (60) hours of public community

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restitution, and/or shall be imprisoned for up to one year. The sentence may be served in any unit

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of the adult correctional institutions in the discretion of the sentencing judge and/or shall be

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required to attend a special course on driving while intoxicated or under the influence of a

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controlled substance; provided, however, that the court may permit a servicemember or veteran to

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

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Administration, and his or her driver's license shall be suspended for thirty (30) days up to one

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hundred eighty (180) days. The sentencing judge or magistrate may prohibit that person from

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operating a motor vehicle that is not equipped with an ignition interlock system as provided in §

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31-27-2.8.

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      (ii) Every person convicted of a first violation whose blood alcohol concentration is one-

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tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent

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(.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less

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than one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required

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to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned

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for up to one year. The sentence may be served in any unit of the adult correctional institutions in

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the discretion of the sentencing judge. The person's driving license shall be suspended for a

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period of three (3) months to twelve (12) months. The sentencing judge shall require attendance

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

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and/or alcoholic or drug treatment for the individual; provided, however, that the court may

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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

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

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interlock system as provided in § 31-27-2.8.

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      (iii) Every person convicted of a first offense whose blood alcohol concentration is

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fifteen hundredths of one percent (.15%) or above, or who is under the influence of a drug,

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toluene, or any controlled substance as defined in subdivision (b)(1), shall be subject to a fine of

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five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of

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public community restitution and/or shall be imprisoned for up to one year. The sentence may be

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served in any unit of the adult correctional institutions in the discretion of the sentencing judge.

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The person's driving license shall be suspended for a period of three (3) months to eighteen (18)

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months. The sentencing judge shall require attendance at a special course on driving while

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intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for

 

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the individual; provided, however, that the court may permit a servicemember or veteran to

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

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Administration. The sentencing judge or magistrate shall prohibit that person from operating a

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motor vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8.

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

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blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than

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fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown, or

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who has a blood presence of any controlled substance as defined in subdivision (b)(2), and every

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person convicted of a second violation within a five-year (5) period, regardless of whether the

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prior violation and subsequent conviction was a violation and subsequent conviction under this

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statute or under the driving under the influence of liquor or drugs statute of any other state, shall

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be subject to a mandatory fine of four hundred dollars ($400). The person's driving license shall

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be suspended for a period of one year to two (2) years, and the individual shall be sentenced to

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not less than ten (10) days, nor more than one year, in jail. The sentence may be served in any

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unit of the adult correctional institutions in the discretion of the sentencing judge; however, not

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less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing

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

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

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administered or approved by the Veterans' Administration and shall prohibit that person from

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operating a motor vehicle that is not equipped with an ignition interlock system as provided in §

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31-27-2.8.

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      (ii) Every person convicted of a second violation within a five-year (5) period whose

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blood alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight as

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shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence of

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a drug, toluene, or any controlled substance as defined in subdivision (b)(1), shall be subject to

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mandatory imprisonment of not less than six (6) months, nor more than one year; a mandatory

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fine of not less than one thousand dollars ($1,000); and a mandatory license suspension for a

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period of two (2) years from the date of completion of the sentence imposed under this

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subsection. The sentencing judge shall require alcohol or drug treatment for the individual;

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

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approved counseling program administered or approved by the Veterans' Administration. The

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

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not equipped with an ignition interlock system as provided in § 31-27-2.8

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

 

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ten-year (10) period with a blood alcohol concentration of eight one-hundredths of one percent

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(.08%) or above, but less than fifteen hundredths of one percent (.15%), or whose blood alcohol

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concentration is unknown or who has a blood presence of any scheduled controlled substance as

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defined in subdivision (b)(2), regardless of whether any prior violation and subsequent conviction

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was a violation and subsequent conviction under this statute or under the driving under the

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influence of liquor or drugs statute of any other state, shall be guilty of a felony and be subject to

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a mandatory fine of four hundred ($400) dollars. The person's driving license shall be suspended

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for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less

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than one year and not more than three (3) years in jail. The sentence may be served in any unit of

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the adult correctional institutions in the discretion of the sentencing judge; however, not less than

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forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall

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require alcohol or drug treatment for the individual; provided, however, that the court may permit

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

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

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vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8.

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

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year (10) period whose blood alcohol concentration is fifteen hundredths of one percent (.15%)

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above by weight as shown by a chemical analysis of a blood, breath, or urine sample, or who is

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under the influence of a drug, toluene, or any controlled substance as defined in subdivision

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(b)(1), shall be subject to mandatory imprisonment of not less than three (3) years, nor more than

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five (5) years; a mandatory fine of not less than one thousand dollars ($1,000), nor more than five

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thousand dollars ($5,000); and a mandatory license suspension for a period of three (3) years

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from the date of completion of the sentence imposed under this subsection. The sentencing judge

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shall require alcohol or drug treatment for the individual. The sentencing judge or magistrate shall

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

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system as provided in § 31-27-2.8.

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

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subsequent violation within a five-year (5) ten-year (10) period, regardless of whether any prior

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violation and subsequent conviction was a violation and subsequent conviction under this statute

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or under the driving under the influence of liquor or drugs statute of any other state, shall be

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subject, in the discretion of the sentencing judge, to having the vehicle owned and operated by the

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violator seized and sold by the state of Rhode Island, with all funds obtained by the sale to be

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transferred to the general fund.

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      (4) Whoever drives or otherwise operates any vehicle in the state while under the

 

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influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in

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chapter 28 of title 21, or any combination of these, when his or her license to operate is

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suspended, revoked, or cancelled for operating under the influence of a narcotic drug or

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intoxicating liquor, shall be guilty of a felony punishable by imprisonment for not more than three

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(3) years and by a fine or not more than three thousand dollars ($3,000). The court shall require

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alcohol and/or drug treatment for the individual; provided, the penalties provided for in § 31-27-

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2(d)(4) shall not apply to an individual who has surrendered his or her license and served the

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court-ordered period of suspension, but who, for any reason, has not had his or her license

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reinstated after the period of suspension, revocation, or suspension has expired; provided, further,

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the individual shall be subject to the provisions of §§ 31-27-2(d)(2)(i) or (ii) or 31-27-22(d)(3)(i),

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(ii), or (iii) regarding subsequent offenses, and any other applicable provision of § 31-27-2.

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      (5) (i) For purposes of determining the period of license suspension, a prior violation

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shall constitute any charge brought and sustained under the provisions of this section or § 31-27-

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2.1.

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      (ii) Any person over the age of eighteen (18) who is convicted under this section for

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operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of

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these, while a child under the age of thirteen (13) years was present as a passenger in the motor

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vehicle when the offense was committed, may be sentenced to a term of imprisonment of not

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more than one year, and further, shall not be entitled to the benefit of suspension or deferment of

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this sentence. The sentence imposed under this section may be served in any unit of the adult

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correctional institutions in the discretion of the sentencing judge.

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

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assessment fine of five hundred dollars ($500) that shall be deposited into the general fund. The

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assessment provided for by this subsection shall be collected from a violator before any other

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fines authorized by this section.

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      (ii) Any person convicted of a violation under this section shall be assessed a fee of

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eighty-six dollars ($86).

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      (7) (i) If the person convicted of violating this section is under the age of eighteen (18)

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years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of

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public community restitution and the juvenile's driving license shall be suspended for a period of

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six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing

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judge shall also require attendance at a special course on driving while intoxicated or under the

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influence of a controlled substance and alcohol or drug education and/or treatment for the

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juvenile. The juvenile may also be required to pay a highway assessment fine of no more than

 

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five hundred dollars ($500) and the assessment imposed shall be deposited into the general fund.

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      (ii) If the person convicted of violating this section is under the age of eighteen (18)

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years, for a second or subsequent violation regardless of whether any prior violation and

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subsequent conviction was a violation and subsequent under this statute or under the driving

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under the influence of liquor or drugs statute of any other state, he or she shall be subject to a

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mandatory suspension of his or her driving license until such time as he or she is twenty-one (21)

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years of age and may, in the discretion of the sentencing judge, also be sentenced to the Rhode

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Island training school for a period of not more than one year and/or a fine of not more than five

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hundred dollars ($500).

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

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

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education. Should this clinical assessment determine problems of alcohol, drug abuse, or

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psychological problems associated with alcoholic or drug abuse, this person shall be referred to

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an appropriate facility, licensed or approved by the department of mental health, retardation and

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hospitals for treatment placement, case management, and monitoring. In the case of a

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servicemember or veteran, the court may order that the person be evaluated through the Veterans'

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Administration. Should the clinical assessment determine problems of alcohol, drug abuse, or

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psychological problems associated with alcohol or drug abuse, the person may have their

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treatment, case management, and monitoring administered or approved by the Veterans'

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Administration.

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

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per one hundred (100) cubic centimeters of blood.

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      (f) (1) There is established an alcohol and drug safety unit within the division of motor

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vehicles to administer an alcohol safety action program. The program shall provide for placement

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and follow-up for persons who are required to pay the highway safety assessment. The alcohol

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and drug safety action program will be administered in conjunction with alcohol and drug

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programs licensed by the department of mental health retardation and hospitals.

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      (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,

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and/or participate in an alcohol or drug treatment program; provided, however, that the court may

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

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administered or approved by the Veterans' Administration. The course shall take into

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consideration any language barrier that may exist as to any person ordered to attend, and shall

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provide for instruction reasonably calculated to communicate the purposes of the course in

 

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accordance with the requirements of the subsection. Any costs reasonably incurred in connection

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with the provision of this accommodation shall be borne by the person being retrained. A copy of

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any violation under this section shall be forwarded by the court to the alcohol and drug safety

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unit. In the event that persons convicted under the provisions of this chapter fail to attend and

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complete the above course or treatment program, as ordered by the judge, then the person may be

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brought before the court, and after a hearing as to why the order of the court was not followed,

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may be sentenced to jail for a period not exceeding one year.

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      (3) The alcohol and drug safety action program within the division of motor vehicles

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shall be funded by general revenue appropriations.

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      (g) The director of the health department of the state of Rhode Island is empowered to

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make and file with the secretary of state regulations that prescribe the techniques and methods of

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chemical analysis of the person's body fluids or breath and the qualifications and certification of

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individuals authorized to administer this testing and analysis.

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      (h) Jurisdiction for misdemeanor violations of this section shall be with the district court

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for persons eighteen (18) years of age or older and to the family court for persons under the age

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of eighteen (18) years. The courts shall have full authority to impose any sentence authorized, and

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to order the suspension of any license, for violations of this section. All trials in the district court

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and family court of violations of the section shall be scheduled within thirty (30) days of the

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arraignment date. No continuance or postponement shall be granted except for good cause shown.

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Any continuances that are necessary shall be granted for the shortest practicable time. Trials in

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superior court are not required to be scheduled within thirty (30) days of the arraignment date.

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      (i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on

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driving while intoxicated or under the influence of a controlled substance, public community

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restitution, or jail provided for under this section can be suspended.

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      (j) An order to attend a special course on driving while intoxicated that shall be

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administered in cooperation with a college or university accredited by the state, shall include a

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provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars

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($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into

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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

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

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considered a chemical test.

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      (l) If any provision of this section, or the application of any provision, shall for any

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reason be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of

 

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the section, but shall be confined in this effect to the provision or application directly involved in

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the controversy giving rise to the judgment.

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

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

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

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

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Guard, and has been discharged under other than dishonorable conditions.

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     31-27-2.1. Refusal to submit to chemical test. -- (a) Any person who operates a motor

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vehicle within this state shall be deemed to have given his or her consent to chemical tests of his

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or her breath, blood, and/or urine for the purpose of determining the chemical content of his or

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her body fluids or breath. No more than two (2) complete tests, one for the presence of

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intoxicating liquor and one for the presence of toluene or any controlled substance, as defined in

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§ 21-28-1.02(7), shall be administered at the direction of a law enforcement officer having

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reasonable grounds to believe the person to have been driving a motor vehicle within this state

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while under the influence of intoxicating liquor, toluene, or any controlled substance, as defined

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in chapter 28 of title 21, or any combination of these. The director of the department of health is

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empowered to make and file, with the secretary of state, regulations that prescribe the techniques

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and methods of chemical analysis of the person's body fluids or breath and the qualifications and

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certification of individuals authorized to administer the testing and analysis.

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      (b) If a person, for religious or medical reasons, cannot be subjected to blood tests, the

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person may file an affidavit with the division of motor vehicles stating the reasons why he or she

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cannot be required to take blood tests and a notation to this effect shall be made on his or her

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license. If that person is asked to submit to chemical tests as provided under this chapter, the

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person shall only be required to submit to chemical tests of his or her breath or urine. When a

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

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technician certified under regulations promulgated by the director of the department of health,

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may withdraw blood for the purpose of determining the alcoholic content in it. This limitation

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shall not apply to the taking of breath or urine specimens. The person tested shall be permitted to

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have a physician of his or her own choosing, and at his or her own expense, administer chemical

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tests of his or her breath, blood, and/or urine in addition to the tests administered at the direction

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of a law enforcement officer. If a person, having been placed under arrest, refuses upon the

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request of a law enforcement officer to submit to the tests, as provided in § 31-27-2, none shall be

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given, but a judge or magistrate of the traffic tribunal or district court judge or magistrate, upon

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receipt of a report of a law enforcement officer: that he or she had reasonable grounds to believe

 

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the arrested person had been driving a motor vehicle within this state under the influence of

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intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or

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any combination of these; that the person had been informed of his or her rights in accordance

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with § 31-27-3; that the person had been informed of the penalties incurred as a result of

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noncompliance with this section; and that the person had refused to submit to the tests upon the

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request of a law enforcement officer; shall promptly order that the person's operator's license or

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privilege to operate a motor vehicle in this state be immediately suspended and that the person's

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license be surrendered within five (5) days of notice of suspension. A traffic tribunal judge or

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magistrate, or a district court judge or magistrate, pursuant to the terms of subsection (c) of this

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section, shall order as follows:

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      (1) Impose, for the first violation, a fine in the amount of two hundred dollars ($200) to

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five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of

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public community restitution. The person's driving license in this state shall be suspended for a

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period of six (6) months to one year. The traffic tribunal judge or magistrate shall require

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attendance at a special course on driving while intoxicated or under the influence of a controlled

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substance and/or alcohol or drug treatment for the individual. The traffic tribunal judge or

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magistrate may prohibit that person from operating a motor vehicle that is not equipped with an

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ignition interlock system as provided in § 31-27-2.8.

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      (2) Every person convicted for a second violation within a five-year (5) period shall be

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guilty of a misdemeanor; shall be imprisoned for not more than six (6) months; and shall pay a

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fine in the amount of six hundred dollars ($600) to one thousand dollars ($1,000), order the

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person to perform sixty (60) to one hundred (100) hours of public community restitution; and the

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person's driving license in this state shall be suspended for a period of one year to two (2) years.

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The judge or magistrate shall require alcohol and/or drug treatment for the individual. The

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

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not equipped with an ignition interlock system as provided in § 31-27-2.8.

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

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year (10) period shall be guilty of a misdemeanor; and shall be imprisoned for not more than one

29

year; fined eight hundred dollars ($800) to one thousand dollars ($1,000); shall perform not less

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than one hundred (100) hours of public community restitution; and the person's operator's license

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in this state shall be suspended for a period of two (2) years to five (5) years. The sentencing

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

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with an ignition interlock system as provided in § 31-27-2.8. The judge or magistrate shall

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require alcohol or drug treatment for the individual. Provided, that prior to the reinstatement of a

 

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license to a person charged with a third or subsequent violation within a three-year (3) period, a

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hearing shall be held before a judge or magistrate. At the hearing, the judge or magistrate shall

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review the person's driving record, his or her employment history, family background, and any

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other pertinent factors that would indicate that the person has demonstrated behavior that

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warrants the reinstatement of his or her license.

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      (4) For purposes of determining the period of license suspension, a prior violation shall

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constitute any charge brought and sustained under the provisions of this section or § 31-27-2.

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      (5) In addition to any other fines, a highway safety assessment of five hundred dollars

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($500) shall be paid by any person found in violation of this section, the assessment to be

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deposited into the general fund. The assessment provided for by this subsection shall be collected

11

from a violator before any other fines authorized by this section.

12

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

13

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

14

department of health's chemical testing programs outlined in § 31-27-2(4), that shall be deposited

15

as general revenues, not restricted receipts.

16

      (7) No fines, suspensions, assessments, alcohol or drug treatment programs; course on

17

driving while intoxicated or under the influence of a controlled substance; or public community

18

restitution provided for under this section; can be suspended.

19

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

20

of this section, the traffic tribunal or district court shall immediately notify the person involved in

21

writing, and upon his or her request, within fifteen (15) days, shall afford the person an

22

opportunity for a hearing as early as practical upon receipt of a request in writing. Upon a

23

hearing, the judge may administer oaths and may issue subpoenas for the attendance of witnesses

24

and the production of relevant books and papers. If the judge finds after the hearing that: (1) The

25

law enforcement officer making the sworn report had reasonable grounds to believe that the

26

arrested person had been driving a motor vehicle within this state while under the influence of

27

intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or

28

any combination of these; (2) The person, while under arrest, refused to submit to the tests upon

29

the request of a law enforcement officer; (3) The person had been informed of his or her rights in

30

accordance with § 31-27-3; and (4) The person had been informed of the penalties incurred as a

31

result of noncompliance with this section; the judge shall sustain the violation. The judge shall

32

then impose the penalties set forth in subsection (b) of this section. Action by the judge must be

33

taken within seven (7) days after the hearing or it shall be presumed that the judge has refused to

34

issue his or her order of suspension.

 

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

2

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

3

is considered a chemical test.

4

      (e) If any provision of this section, or the application of any provision, shall, for any

5

reason, be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the

6

section, but shall be confined in this effect to the provisions or application directly involved in the

7

controversy giving rise to the judgment.

8

     SECTION 2. 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 third and subsequent offenses involving

2

driving under the influence of alcohol or drugs under §31-27 -2, and for offenses related to failure

3

or refusal to submit to chemical tests under §31-27-2.1 from five (5) years to ten (10) years.

4

     This act would take effect upon passage.

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