2017 -- H 6136

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LC001232

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES

     Introduced By: Representatives Edwards, Canario, McEntee, Coughlin, and Knight

     Date Introduced: April 26, 2017

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 31-27-2, 31-27-2.1 and 31-27-2.5 of the General Laws in Chapter

31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows:

     31-27-2. Driving under influence of liquor or drugs.

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

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

chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor, except as

provided in subdivision (d)(3), and shall be punished as provided in subsection (d).

     (b) (1) Any person charged under subsection (a), whose blood alcohol concentration is

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

of a blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall

not preclude a conviction based on other admissible evidence. Proof of guilt under this section

may also be based on evidence that the person charged was under the influence of intoxicating

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

combination of these, to a degree that rendered the person incapable of safely operating a vehicle.

The fact that any person charged with violating this section is, or has been, legally entitled to use

alcohol or a drug shall not constitute a defense against any charge of violating this section.

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

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

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

provided in subsection (d).

     (c) In any criminal prosecution for a violation of subsection (a), evidence as to the

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

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

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

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

been complied with:

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

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

defendant elects to testify.

     (2) A true copy of the report of the test result was hand delivered at the location of the

test or mailed within seventy-two (72) hours of the taking of the test to the person submitting to a

breath test.

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

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

following the taking of the test.

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

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

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

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

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

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

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

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

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

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

informed the person of this right and afforded him or her a reasonable opportunity to exercise this

right, and a notation to this effect is made in the official records of the case in the police

department. Refusal to permit an additional chemical test shall render incompetent and

inadmissible in evidence the original report.

     (d) (1) (i) Every person found to have violated subdivision (b)(1) shall be sentenced as

follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one

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

presence of any scheduled controlled substance as defined in subdivision (b)(2), shall be subject

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to a fine of not less than one hundred dollars ($100) nor more than three hundred dollars ($300);

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

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

correctional institutions in the discretion of the sentencing judge and/or shall be required to attend

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

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

approved counseling program administered or approved by the Veterans' Administration, and his

or her driver's license shall be suspended for thirty (30) days up to one hundred eighty (180) days.

The sentencing judge or magistrate may prohibit that person from operating a motor vehicle that

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

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

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

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

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

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

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

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

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

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

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

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

administered or approved by the Veterans' Administration. The sentencing judge or magistrate

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

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

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

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

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

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

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

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

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

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

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

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'

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

31-27-2.8.

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

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

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

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

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

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

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

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

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

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

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

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

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

period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

system as provided in § 31-27-2.8.

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

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

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

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

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

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

to the general fund.

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

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

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

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

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

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

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

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

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

the individual shall be subject to the provisions of subdivision (d)(2)(i), (d)(2)(ii), (d)(3)(i),

(d)(3)(ii), or (d)(3)(iii) regarding subsequent offenses, and any other applicable provision of this

section.

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

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

2.1.

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

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

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

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

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

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

correctional institutions in the discretion of the sentencing judge.

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

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

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

fines authorized by this section.

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

eighty-six dollars ($86).

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

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

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

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

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

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

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.

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

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

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

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

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

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

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

hundred dollars ($500).

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

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

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

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

an appropriate facility, licensed or approved by the department of behavioral healthcare,

developmental disabilities and hospitals, for treatment placement, case management, and

monitoring. In the case of a servicemember or veteran, the court may order that the person be

evaluated through the Veterans' Administration. Should the clinical assessment determine

problems of alcohol, drug abuse, or psychological problems associated with alcohol or drug

abuse, the person may have their treatment, case management, and monitoring administered or

approved by the Veterans' Administration.

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

per one hundred (100) cubic centimeters of blood.

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

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

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

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

programs licensed by the department of behavioral healthcare, developmental disabilities and

hospitals.

     (2) Persons convicted under the provisions of this chapter shall be required to attend a

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

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

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

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

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

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

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

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

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

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

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

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

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

shall be funded by general revenue appropriations.

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

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

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

individuals authorized to administer this testing and analysis.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

the general fund.

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

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

considered a chemical test.

     (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

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

the controversy giving rise to the judgment.

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

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

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

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

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

     31-27-2.1. Refusal to submit to chemical test.

     (a) Any person who operates a motor vehicle within this state shall be deemed to have

given his or her consent to chemical tests of his or her breath, blood, and/or urine for the purpose

of determining the chemical content of his or her body fluids or breath. No more than two (2)

complete tests, one for the presence of intoxicating liquor and one for the presence of toluene or

any controlled substance, as defined in § 21-28-1.02(7), shall be administered at the direction of a

law enforcement officer having reasonable grounds to believe the person to have been driving a

motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any

controlled substance, as defined in chapter 28 of title 21, or any combination of these. The

director of the department of health is empowered to make and file, with the secretary of state,

regulations that prescribe the techniques and methods of chemical analysis of the person's body

fluids or breath and the qualifications and certification of individuals authorized to administer the

testing and analysis.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

noncompliance with this section implied consent notice contained in subsection (b)(8) of this

section; and that the person had refused to submit to the tests upon the request of a law

enforcement officer; shall promptly order that the person's operator's license or privilege to

operate a motor vehicle in this state be immediately suspended, however, said suspension shall be

subject to the hardship provisions enumerated in § 31-27-2.8. A traffic tribunal judge or

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

order as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

reinstatement of his or her license.

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

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

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

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

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

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

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

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

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

as general revenues, not restricted receipts.

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

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

restitution provided for under this section can be suspended.

     (8) Implied consent notice for persons eighteen (18) years of age or older: "Rhode Island

law requires you to submit to a chemical test of your blood, breath, or urine for the purpose of

determining the chemical content of your body fluids or breath. If you refuse this testing, certain

penalties can be imposed and include the following: for a first offense your Rhode Island driver's

license or privilege to operate a motor vehicle in this state can be suspended for six (6) months to

one year or modified to permit operation in connection with an ignition interlock device for a

period specified by law, a fine from two hundred dollars ($200) to five hundred dollars ($500)

can be imposed, and you can be ordered to perform ten (10) to sixty (60) hours of community

service and attend a special course on driving while intoxicated or under the influence or a

controlled substance and/or alcohol or drug treatment. If you have had previous offenses within

the past five (5) years, your refusal to submit to a chemical test of breath or urine at this time can

have criminal penalties, including incarceration up to six (6) months for a second offense and up

to one year for a third or subsequent offense, and can carry increased license suspension or

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ignition interlock period, fines and community service. All violators shall pay a five hundred

dollars ($500) highway safety assessment fee, a two hundred dollars ($200) department of health

chemical testing programs assessment fee, and a license reinstatement fee. If you refuse to submit

to a chemical test, you may be required to maintain proof of financial responsibility for three (3)

years and all Rhode Island registrations in your name may be suspended unless proof of financial

responsibility is provided for such vehicles. Refusal to submit to a chemical test of blood shall not

subject you to criminal penalties for the refusal itself, but if you have previous offenses other civil

penalties may increase. Your refusal to submit to a chemical test may be offered in evidence

against you at a criminal trial involving driving under the influence of alcohol, controlled

substances, or drugs. You have the right to be examined at your own expense by a physician

selected by you. If you submit to a chemical test at this time, you have the right to have an

additional chemical test performed at your own expense. You will be afforded a reasonable

opportunity to exercise these rights. Access to a telephone will be made available for you to make

those arrangements. You may now use a telephone." Use of this implied consent notice shall

serve as evidence that a person's consent to a chemical test is valid in a prosecution involving

driving under the influence of liquor, controlled substances, and/or drugs.

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

the traffic tribunal or district court shall immediately notify the person involved in writing, and

upon his or her request, within fifteen (15) days, shall afford the person an opportunity for a

hearing as early as practical upon receipt of a request in writing. Upon a hearing, the judge may

administer oaths and may issue subpoenas for the attendance of witnesses and the production of

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

officer making the sworn report had reasonable grounds to believe that the arrested person had

been driving a motor vehicle within this state while under the influence of intoxicating liquor,

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

these; (2) The person, while under arrest, refused to submit to the tests upon the request of a law

enforcement officer; (3) The person had been informed of his or her rights in accordance with §

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

noncompliance with this section, the judge shall sustain the violation. The judge shall then

impose the penalties set forth in subsection (b). Action by the judge must be taken within seven

(7) days after the hearing or it shall be presumed that the judge has refused to issue his or her

order of suspension.

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

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

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is considered a chemical test.

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

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

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

controversy giving rise to the judgment.

     31-27-2.5. Chemical tests to persons under eighteen (18) years of age -- Refusal --

License suspension.

     (a) Any person under eighteen (18) years of age who shall refuse to submit to a chemical

test as provided in § 31-27-2 shall have imposed all the penalties provided by § 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) of this section.

     (b) Jurisdiction for violations of this section is given to the family court.

     (c) If a person as set forth in subsection (a) of this section refuses, upon the request of a

law enforcement officer, to submit to a test as provided in § 31-27-2.1, 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 of these; that the person had been informed of his or her rights in accordance with §

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

noncompliance with this section implied consent notice contained in subsection (h) of 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. Upon suspension, the judge

shall order the license of the person to be surrendered to the department of administration,

division of motor vehicles, within three (3) days.

     (d) If the person takes a test, as provided in § 31-27-2 and the test determines the person's

blood alcohol concentration to be at least two-hundredths of one percent (.02%) 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) of this section,

order as follows:

     (1) A highway safety assessment of one hundred fifty dollars ($150), or community

restitution 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.

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     (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 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 he or she is twenty-one (21) years of age. The sentencing judge shall require alcohol and/or

drug treatment for the individual.

     (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 (d) 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 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.

     (h) Implied consent notice for persons under eighteen (18) years of age: "Rhode Island

law requires you to submit to a chemical test of your blood, breath, or urine for the purpose of

determining the chemical content of your body fluids or breath. If you refuse this testing, certain

penalties can be imposed. These penalties include the following: your Rhode Island driver's

license or privilege to operate a motor vehicle in this state can be suspended for six (6) months or

modified to permit operation in connect with an ignition interlock device for a period specified by

law, a fine from two hundred dollars ($200) to five hundred dollars ($500) can be imposed, and

you can be ordered to perform ten (10) to sixty (60) hours of community service and attend a

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

alcohol or drug treatment. If you have had previous offenses within the past five (5) years, your

loss or modification of license, fine and community service sanctions can increase over those

provided for a first offense. All violators shall pay a five hundred dollars ($500) highway safety

assessment fee, a two hundred dollars ($200) department of health chemical testing programs fee,

and a license reinstatement fee. If you refuse to submit to a chemical test, you may be required to

maintain proof of financial responsibility for three (3) years. Your refusal to submit to a chemical

test may be offered in evidence against you at a trial involving driving under the influence of

alcohol, controlled substances, or drugs. Refusal to submit to a chemical test shall not be

considered a criminal offense. You have the right to be examined at your own expense by a

physician selected by you. If you submit to a chemical test at this time, you have the right to have

an additional chemical test performed at your own expense. You will be afforded a reasonable

opportunity to exercise these rights. You may now use the telephone." Use of this implied consent

notice shall serve as evidence that a person's consent to a chemical test is valid in a trial for

driving under the influence of liquor, controlled substances, and/or drugs.

     SECTION 2. This act shall take effect on September 1, 2017.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES

***

     This act would provide that evidence of a defendant's refusal to submit to a chemical test

would be admissible at trial for a violation of §31-27-2 "driving under influence of liquor or

drugs."

     This act would also establish language to give notice of implied consent in §§31-27-2.1

("refusal to submit to chemical test") and 31-27-2.5 ("chemical tests to persons under eighteen

(18) years of age - refusal - license suspension").

     This act would take effect on September 1, 2017.

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