2020 -- H 7976 | |
======== | |
LC003165 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES | |
| |
Introduced By: Representative Christopher T. Millea | |
Date Introduced: March 06, 2020 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 31-27-2, 31-27-2.1, 31-27-2.5 and 31-27-2.8 of the General Laws |
2 | in Chapter 31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows: |
3 | 31-27-2. Driving under influence of liquor or drugs. |
4 | (a) Whoever drives or otherwise operates any vehicle in the state while under the |
5 | influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in |
6 | chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor, except as |
7 | provided in subsection (d)(3), and shall be punished as provided in subsection (d) of this section. |
8 | (1) Notwithstanding any other sentencing and disposition provisions contained in this |
9 | chapter, if the judge or magistrate makes a finding that a motorist was operating a vehicle in the |
10 | state while under the influence of drugs, toluene, or any controlled substance as evidenced by the |
11 | presence of controlled substances on or about the person or vehicle, or other reliable indicia or |
12 | articulable conditions thereof, but not intoxicating liquor based on a preliminary breath test, |
13 | results from a breathalyzer which indicates no blood alcohol concentration, or both, the judge or |
14 | magistrate may exercise their discretion and eliminate the requirement of an ignition interlock |
15 | system; provided, that blood and/or urine testing is mandated as a condition to operating a motor |
16 | vehicle as provided in § 31-27-2.8. |
17 | (2) Notwithstanding any other sentencing and disposition provisions contained in this |
18 | chapter, if the judge or magistrate makes a finding that a motorist was operating a vehicle in the |
19 | state while under the influence of drugs, toluene, or any controlled substance as evidenced by the |
| |
1 | presence of controlled substances on or about the person or vehicle, or other reliable indicia or |
2 | articulable conditions thereof and intoxicating liquor based on a preliminary breath test, results |
3 | from a breathalyzer which indicates blood alcohol concentration, or both, the judge or magistrate |
4 | may require an ignition interlock system in addition to blood and/or urine testing as a condition to |
5 | operating a motor vehicle as provided in § 31-27-2.8. |
6 | (b)(1) Any person charged under subsection (a), whose blood alcohol concentration is |
7 | eight one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis |
8 | of a blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall |
9 | not preclude a conviction based on other admissible evidence. Proof of guilt under this section |
10 | may also be based on evidence that the person charged was under the influence of intoxicating |
11 | liquor, drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any |
12 | combination of these, to a degree that rendered the person incapable of safely operating a vehicle. |
13 | The fact that any person charged with violating this section is, or has been, legally entitled to use |
14 | alcohol or a drug shall not constitute a defense against any charge of violating this section. |
15 | (2) Whoever drives, or otherwise operates, any vehicle in the state with a blood presence |
16 | of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by |
17 | analysis of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as |
18 | provided in subsection (d). |
19 | (c) In any criminal prosecution for a violation of subsection (a), evidence as to the |
20 | amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of |
21 | title 21, or any combination of these, in the defendant's blood at the time alleged as shown by a |
22 | chemical analysis of the defendant's breath, blood, or urine or other bodily substance, shall be |
23 | admissible and competent, provided that evidence is presented that the following conditions have |
24 | been complied with: |
25 | (1) The defendant has consented to the taking of the test upon which the analysis is made. |
26 | Evidence that the defendant had refused to submit to the test shall not be admissible unless the |
27 | defendant elects to testify. |
28 | (2) A true copy of the report of the test result was hand delivered at the location of the |
29 | test or mailed within seventy-two (72) hours of the taking of the test to the person submitting to a |
30 | breath test. |
31 | (3) Any person submitting to a chemical test of blood, urine, or other body fluids shall |
32 | have a true copy of the report of the test result mailed to him or her within thirty (30) days |
33 | following the taking of the test. |
34 | (4) The test was performed according to methods and with equipment approved by the |
| LC003165 - Page 2 of 24 |
1 | director of the department of health of the state of Rhode Island and by an authorized individual. |
2 | (5) Equipment used for the conduct of the tests by means of breath analysis had been |
3 | tested for accuracy within thirty (30) days preceding the test by personnel qualified as |
4 | hereinbefore provided, and breathalyzer operators shall be qualified and certified by the |
5 | department of health within three hundred sixty-five (365) days of the test. |
6 | (6) The person arrested and charged with operating a motor vehicle while under the |
7 | influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of |
8 | title 21 or any combination of these in violation of subsection (a), was afforded the opportunity to |
9 | have an additional chemical test. The officer arresting or so charging the person shall have |
10 | informed the person of this right and afforded him or her a reasonable opportunity to exercise this |
11 | right, and a notation to this effect is made in the official records of the case in the police |
12 | department. Refusal to permit an additional chemical test shall render incompetent and |
13 | inadmissible in evidence the original report. |
14 | (d)(1)(i) Every person found to have violated subsection (b)(1) shall be sentenced as |
15 | follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one |
16 | percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood |
17 | presence of any scheduled controlled substance as defined in subsection (b)(2), shall be subject to |
18 | a fine of not less than one hundred dollars ($100), nor more than three hundred dollars ($300); |
19 | shall be required to perform ten (10) to sixty (60) hours of public community restitution, and/or |
20 | shall be imprisoned for up to one year. The sentence may be served in any unit of the adult |
21 | correctional institutions in the discretion of the sentencing judge and/or shall be required to attend |
22 | a special course on driving while intoxicated or under the influence of a controlled substance; |
23 | provided, however, that the court may permit a servicemember or veteran to complete any court- |
24 | approved counseling program administered or approved by the Veterans' Administration, and his |
25 | or her driver's license shall be suspended for thirty (30) days up to one hundred eighty (180) days. |
26 | The sentencing judge or magistrate may prohibit that person from operating a motor vehicle, |
27 | pursuant to §§ 31-27-2(a)(1) or 31-27-2 (a)(2), that is not equipped with an ignition interlock |
28 | system and/or blood and urine testing as provided in § 31-27-2.8. |
29 | (ii) Every person convicted of a first violation whose blood alcohol concentration is one- |
30 | tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent |
31 | (.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less |
32 | than one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required |
33 | to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned |
34 | for up to one year. The sentence may be served in any unit of the adult correctional institutions in |
| LC003165 - Page 3 of 24 |
1 | the discretion of the sentencing judge. The person's driving license shall be suspended for a |
2 | period of three (3) months to twelve (12) months. The sentencing judge shall require attendance |
3 | at a special course on driving while intoxicated or under the influence of a controlled substance |
4 | and/or alcoholic or drug treatment for the individual; provided, however, that the court may |
5 | permit a servicemember or veteran to complete any court-approved counseling program |
6 | administered or approved by the Veterans' Administration. The sentencing judge or magistrate |
7 | may prohibit that person from operating a motor vehicle, pursuant to §§ 31-27-2(a)(1) or 31-27-2 |
8 | (a)(2), that is not equipped with an ignition interlock system and/or blood and urine testing as |
9 | provided in § 31-27-2.8. |
10 | (iii) Every person convicted of a first offense whose blood alcohol concentration is |
11 | fifteen hundredths of one percent (.15%) or above, or who is under the influence of a drug, |
12 | toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to a fine of |
13 | five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of |
14 | public community restitution and/or shall be imprisoned for up to one year. The sentence may be |
15 | served in any unit of the adult correctional institutions in the discretion of the sentencing judge. |
16 | The person's driving license shall be suspended for a period of three (3) months to eighteen (18) |
17 | months. The sentencing judge shall require attendance at a special course on driving while |
18 | intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for |
19 | the individual; provided, however, that the court may permit a servicemember or veteran to |
20 | complete any court-approved counseling program administered or approved by the Veterans' |
21 | Administration. The sentencing judge or magistrate shall prohibit that person from operating a |
22 | motor vehicle, pursuant to §§ 31-27-2(a)(1) or 31-27-2 (a)(2), that is not equipped with an |
23 | ignition interlock system and/or blood and urine testing as provided in § 31-27-2.8. |
24 | (2)(i) Every person convicted of a second violation within a five-year (5) period with a |
25 | blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than |
26 | fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown, or |
27 | who has a blood presence of any controlled substance as defined in subsection (b)(2), and every |
28 | person convicted of a second violation within a five-year (5) period, regardless of whether the |
29 | prior violation and subsequent conviction was a violation and subsequent conviction under this |
30 | statute or under the driving under the influence of liquor or drugs statute of any other state, shall |
31 | be subject to a mandatory fine of four hundred dollars ($400). The person's driving license shall |
32 | be suspended for a period of one year to two (2) years, and the individual shall be sentenced to |
33 | not less than ten (10) days, nor more than one year, in jail. The sentence may be served in any |
34 | unit of the adult correctional institutions in the discretion of the sentencing judge; however, not |
| LC003165 - Page 4 of 24 |
1 | less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing |
2 | judge shall require alcohol or drug treatment for the individual; provided, however, that the court |
3 | may permit a servicemember or veteran to complete any court-approved counseling program |
4 | administered or approved by the Veterans' Administration and shall prohibit that person from |
5 | operating a motor vehicle, pursuant to §§ 31-27-2(a)(1) or 31-27-2 (a)(2), that is not equipped |
6 | with an ignition interlock system and/or blood and urine testing as provided in § 31-27-2.8. |
7 | (ii) Every person convicted of a second violation within a five-year (5) period whose |
8 | blood alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight as |
9 | shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence of |
10 | a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to |
11 | mandatory imprisonment of not less than six (6) months, nor more than one year; a mandatory |
12 | fine of not less than one thousand dollars ($1,000); and a mandatory license suspension for a |
13 | period of two (2) years from the date of completion of the sentence imposed under this |
14 | subsection. The sentencing judge shall require alcohol or drug treatment for the individual; |
15 | provided, however, that the court may permit a servicemember or veteran to complete any court |
16 | approved counseling program administered or approved by the Veterans' Administration. The |
17 | sentencing judge or magistrate shall prohibit that person from operating a motor vehicle pursuant |
18 | to §§ 31-27-2(a)(1) or 31-27-2(a)(2), that is not equipped with an ignition interlock system and/or |
19 | blood and urine testing as provided in § 31-27-2.8. |
20 | (3)(i) Every person convicted of a third or subsequent violation within a five-year (5) |
21 | period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or |
22 | above, but less than fifteen hundredths of one percent (.15%), or whose blood alcohol |
23 | concentration is unknown or who has a blood presence of any scheduled controlled substance as |
24 | defined in subsection (b)(2), regardless of whether any prior violation and subsequent conviction |
25 | was a violation and subsequent conviction under this statute or under the driving under the |
26 | influence of liquor or drugs statute of any other state, shall be guilty of a felony and be subject to |
27 | a mandatory fine of four hundred ($400) dollars. The person's driving license shall be suspended |
28 | for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less |
29 | than one year and not more than three (3) years in jail. The sentence may be served in any unit of |
30 | the adult correctional institutions in the discretion of the sentencing judge; however, not less than |
31 | forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall |
32 | require alcohol or drug treatment for the individual; provided, however, that the court may permit |
33 | a servicemember or veteran to complete any court-approved counseling program administered or |
34 | approved by the Veterans' Administration, and shall prohibit that person from operating a motor |
| LC003165 - Page 5 of 24 |
1 | vehicle, pursuant to §§ 31-27-2(a)(1) or 31-27-2 (a)(2), that is not equipped with an ignition |
2 | interlock system and/or blood and urine testing as provided in § 31-27-2.8. |
3 | (ii) Every person convicted of a third or subsequent violation within a five-year (5) ten |
4 | (10) year period whose blood alcohol concentration is fifteen hundredths of one percent (.15%) |
5 | above by weight as shown by a chemical analysis of a blood, breath, or urine sample, or who is |
6 | under the influence of a drug, toluene, or any controlled substance as defined in subsection (b)(1), |
7 | shall be subject to mandatory imprisonment of not less than three (3) years, nor more than five (5) |
8 | years; a mandatory fine of not less than one thousand dollars ($1,000), nor more than five |
9 | thousand dollars ($5,000); and a mandatory license suspension for a period of three (3) years |
10 | from the date of completion of the sentence imposed under this subsection. The sentencing judge |
11 | shall require alcohol or drug treatment for the individual. The sentencing judge or magistrate shall |
12 | prohibit that person from operating a motor vehicle, pursuant to §§ 31-27-2(a)(1) or 31-27-2 |
13 | (a)(2), that is not equipped with an ignition interlock system and/or blood and urine testing as |
14 | provided in § 31-27-2.8. |
15 | (iii) In addition to the foregoing penalties, every person convicted of a third or |
16 | subsequent violation within a five-year (5) period, regardless of whether any prior violation and |
17 | subsequent conviction was a violation and subsequent conviction under this statute or under the |
18 | driving under the influence of liquor or drugs statute of any other state, shall be subject, in the |
19 | discretion of the sentencing judge, to having the vehicle owned and operated by the violator |
20 | seized and sold by the state of Rhode Island, with all funds obtained by the sale to be transferred |
21 | to the general fund. |
22 | (4) Whoever drives or otherwise operates any vehicle in the state while under the |
23 | influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in |
24 | chapter 28 of title 21, or any combination of these, when his or her license to operate is |
25 | suspended, revoked, or cancelled for operating under the influence of a narcotic drug or |
26 | intoxicating liquor, shall be guilty of a felony punishable by imprisonment for not more than three |
27 | (3) years and by a fine of not more than three thousand dollars ($3,000). The court shall require |
28 | alcohol and/or drug treatment for the individual; provided, the penalties provided for in this |
29 | subsection (d)(4) shall not apply to an individual who has surrendered his or her license and |
30 | served the court-ordered period of suspension, but who, for any reason, has not had his or her |
31 | license reinstated after the period of suspension, revocation, or suspension has expired; provided, |
32 | further, the individual shall be subject to the provisions of subdivision (d)(2)(i), (d)(2)(ii), |
33 | (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) regarding subsequent offenses, and any other applicable |
34 | provision of this section. |
| LC003165 - Page 6 of 24 |
1 | (5)(i) For purposes of determining the period of license suspension, a prior violation shall |
2 | constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1. |
3 | (ii) Any person over the age of eighteen (18) who is convicted under this section for |
4 | operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of |
5 | these, while a child under the age of thirteen (13) years was present as a passenger in the motor |
6 | vehicle when the offense was committed shall be subject to immediate license suspension |
7 | pending prosecution. Any person convicted of violating this section shall be guilty of a |
8 | misdemeanor for a first offense and may be sentenced to a term of imprisonment of not more than |
9 | one year and a fine not to exceed one thousand dollars ($1,000). Any person convicted of a |
10 | second or subsequent offense shall be guilty of a felony offense and may be sentenced to a term |
11 | of imprisonment of not more than five (5) years and a fine not to exceed five thousand dollars |
12 | ($5,000). The sentencing judge shall also order a license suspension of up to two (2) years, |
13 | require attendance at a special course on driving while intoxicated or under the influence of a |
14 | controlled substance, and alcohol or drug education and/or treatment. The individual may also be |
15 | required to pay a highway assessment fee of no more than five hundred dollars ($500) and the |
16 | assessment shall be deposited in the general fund. |
17 | (6)(i) Any person convicted of a violation under this section shall pay a highway |
18 | assessment fine of five hundred dollars ($500) that shall be deposited into the general fund. The |
19 | assessment provided for by this subsection shall be collected from a violator before any other |
20 | fines authorized by this section. |
21 | (ii) Any person convicted of a violation under this section shall be assessed a fee of |
22 | eighty-six dollars ($86). |
23 | (7)(i) If the person convicted of violating this section is under the age of eighteen (18) |
24 | years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of |
25 | public community restitution and the juvenile's driving license shall be suspended for a period of |
26 | six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing |
27 | judge shall also require attendance at a special course on driving while intoxicated or under the |
28 | influence of a controlled substance and alcohol or drug education and/or treatment for the |
29 | juvenile. The juvenile may also be required to pay a highway assessment fine of no more than |
30 | five hundred dollars ($500) and the assessment imposed shall be deposited into the general fund. |
31 | (ii) If the person convicted of violating this section is under the age of eighteen (18) |
32 | years, for a second or subsequent violation regardless of whether any prior violation and |
33 | subsequent conviction was a violation and subsequent conviction under this statute or under the |
34 | driving under the influence of liquor or drugs statute of any other state, he or she shall be subject |
| LC003165 - Page 7 of 24 |
1 | to a mandatory suspension of his or her driving license until such time as he or she is twenty-one |
2 | (21) years of age and may, in the discretion of the sentencing judge, also be sentenced to the |
3 | Rhode Island training school for a period of not more than one year and/or a fine of not more than |
4 | five hundred dollars ($500). |
5 | (8) Any person convicted of a violation under this section may undergo a clinical |
6 | assessment at the community college of Rhode Island's center for workforce and community |
7 | education. Should this clinical assessment determine problems of alcohol, drug abuse, or |
8 | psychological problems associated with alcoholic or drug abuse, this person shall be referred to |
9 | an appropriate facility, licensed or approved by the department of behavioral healthcare, |
10 | developmental disabilities and hospitals, for treatment placement, case management, and |
11 | monitoring. In the case of a servicemember or veteran, the court may order that the person be |
12 | evaluated through the Veterans' Administration. Should the clinical assessment determine |
13 | problems of alcohol, drug abuse, or psychological problems associated with alcohol or drug |
14 | abuse, the person may have their treatment, case management, and monitoring administered or |
15 | approved by the Veterans' Administration. |
16 | (e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol |
17 | per one hundred (100) cubic centimeters of blood. |
18 | (f)(1) There is established an alcohol and drug safety unit within the division of motor |
19 | vehicles to administer an alcohol safety action program. The program shall provide for placement |
20 | and follow-up for persons who are required to pay the highway safety assessment. The alcohol |
21 | and drug safety action program will be administered in conjunction with alcohol and drug |
22 | programs licensed by the department of behavioral healthcare, developmental disabilities and |
23 | hospitals. |
24 | (2) Persons convicted under the provisions of this chapter shall be required to attend a |
25 | special course on driving while intoxicated or under the influence of a controlled substance, |
26 | and/or participate in an alcohol or drug treatment program; provided, however, that the court may |
27 | permit a servicemember or veteran to complete any court-approved counseling program |
28 | administered or approved by the Veterans' Administration. The course shall take into |
29 | consideration any language barrier that may exist as to any person ordered to attend, and shall |
30 | provide for instruction reasonably calculated to communicate the purposes of the course in |
31 | accordance with the requirements of the subsection. Any costs reasonably incurred in connection |
32 | with the provision of this accommodation shall be borne by the person being retrained. A copy of |
33 | any violation under this section shall be forwarded by the court to the alcohol and drug safety |
34 | unit. In the event that persons convicted under the provisions of this chapter fail to attend and |
| LC003165 - Page 8 of 24 |
1 | complete the above course or treatment program, as ordered by the judge, then the person may be |
2 | brought before the court, and after a hearing as to why the order of the court was not followed, |
3 | may be sentenced to jail for a period not exceeding one year. |
4 | (3) The alcohol and drug safety action program within the division of motor vehicles |
5 | shall be funded by general revenue appropriations. |
6 | (g) The director of the department of health is empowered to make and file with the |
7 | secretary of state regulations that prescribe the techniques and methods of chemical analysis of |
8 | the person's body fluids or breath and the qualifications and certification of individuals authorized |
9 | to administer this testing and analysis. |
10 | (h) Jurisdiction for misdemeanor violations of this section shall be with the district court |
11 | for persons eighteen (18) years of age or older and to the family court for persons under the age |
12 | of eighteen (18) years. The courts shall have full authority to impose any sentence authorized and |
13 | to order the suspension of any license for violations of this section. All trials in the district court |
14 | and family court of violations of the section shall be scheduled within thirty (30) days of the |
15 | arraignment date. No continuance or postponement shall be granted except for good cause shown. |
16 | Any continuances that are necessary shall be granted for the shortest practicable time. Trials in |
17 | superior court are not required to be scheduled within thirty (30) days of the arraignment date. |
18 | (i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on |
19 | driving while intoxicated or under the influence of a controlled substance, public community |
20 | restitution, or jail provided for under this section can be suspended. |
21 | (j) An order to attend a special course on driving while intoxicated, that shall be |
22 | administered in cooperation with a college or university accredited by the state, shall include a |
23 | provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars |
24 | ($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into |
25 | the general fund. |
26 | (k) For the purposes of this section, any test of a sample of blood, breath, or urine for the |
27 | presence of alcohol that relies in whole or in part upon the principle of infrared light absorption is |
28 | considered a chemical test. |
29 | (l) If any provision of this section, or the application of any provision, shall for any |
30 | reason be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of |
31 | the section, but shall be confined in this effect to the provision or application directly involved in |
32 | the controversy giving rise to the judgment. |
33 | (m) For the purposes of this section, "servicemember" means a person who is presently |
34 | serving in the armed forces of the United States, including the Coast Guard, a reserve component |
| LC003165 - Page 9 of 24 |
1 | thereof, or the National Guard. "Veteran" means a person who has served in the armed forces, |
2 | including the Coast Guard of the United States, a reserve component thereof, or the National |
3 | Guard, and has been discharged under other than dishonorable conditions. |
4 | 31-27-2.1. Refusal to submit to chemical test. |
5 | (a) Any person who operates a motor vehicle within this state shall be deemed to have |
6 | given his or her consent to chemical tests of his or her breath, blood, and/or urine for the purpose |
7 | of determining the chemical content of his or her body fluids or breath. No more than two (2) |
8 | complete tests, one for the presence of intoxicating liquor and one for the presence of toluene or |
9 | any controlled substance, as defined in § 21-28-1.02(8), shall be administered at the direction of a |
10 | law enforcement officer having reasonable grounds to believe the person to have been driving a |
11 | motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any |
12 | controlled substance, as defined in chapter 28 of title 21, or any combination of these. The |
13 | director of the department of health is empowered to make and file, with the secretary of state, |
14 | regulations that prescribe the techniques and methods of chemical analysis of the person's body |
15 | fluids or breath and the qualifications and certification of individuals authorized to administer the |
16 | testing and analysis. |
17 | (b) If a person, for religious or medical reasons, cannot be subjected to blood tests, the |
18 | person may file an affidavit with the division of motor vehicles stating the reasons why he or she |
19 | cannot be required to take blood tests and a notation to this effect shall be made on his or her |
20 | license. If that person is asked to submit to chemical tests as provided under this chapter, the |
21 | person shall only be required to submit to chemical tests of his or her breath or urine. When a |
22 | person is requested to submit to blood tests, only a physician or registered nurse, or a medical |
23 | technician certified under regulations promulgated by the director of the department of health, |
24 | may withdraw blood for the purpose of determining the alcoholic content in it. This limitation |
25 | shall not apply to the taking of breath or urine specimens. The person tested shall be permitted to |
26 | have a physician of his or her own choosing, and at his or her own expense, administer chemical |
27 | tests of his or her breath, blood, and/or urine in addition to the tests administered at the direction |
28 | of a law enforcement officer. If a person, having been placed under arrest, refuses upon the |
29 | request of a law enforcement officer to submit to the tests, as provided in § 31-27-2, none shall be |
30 | given., but a judge or magistrate of the traffic tribunal or district court judge or magistrate, upon |
31 | receipt of a report of a law enforcement officer: that he or she had reasonable grounds to believe |
32 | the arrested person had been driving a motor vehicle within this state under the influence of |
33 | intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or |
34 | any combination of these; that the person had been informed of his or her rights in accordance |
| LC003165 - Page 10 of 24 |
1 | with § 31-27-3; that the person had been informed of the penalties incurred as a result of |
2 | noncompliance with this section; and that the person had refused to submit to the tests upon the |
3 | request of a law enforcement officer; shall promptly order that the person's operator's license or |
4 | privilege to operate a motor vehicle in this state be immediately suspended, however, said |
5 | suspension shall be subject to the hardship provisions enumerated in § 31-27-2.8. |
6 | (1) At the initial traffic tribunal appearance, the magistrate shall review the incident, |
7 | action, and/or arrest reports submitted by the law enforcement officer to determine if there exists |
8 | reasonable grounds to believe that the person had been driving a motor vehicle while under the |
9 | influence of intoxicating liquor, any controlled substance as defined in chapter 28 of title 21, or |
10 | any combination thereof. The magistrate shall also determine if the person had been informed of |
11 | the penalties incurred as a result of failing to submit to a chemical test as provided in this section |
12 | and that the person had been informed of the implied consent notice contained in subsection (10) |
13 | of this section. For the purpose of this subsection only "driving a motor vehicle while under the |
14 | influence of any controlled substance as defined in chapter 28 of title 21" shall be indicated by the |
15 | presence or aroma of a controlled substance on or about the person or vehicle of the individual |
16 | refusing the chemical test or other reliable indicia or articulable conditions that the person was |
17 | impaired due to their intake of a controlled substance. |
18 | (2) If the magistrate determines that § 31-27-2.1(b)(1) has been satisfied they shall |
19 | promptly order that the person's operator's license or privilege to operate a motor vehicle in this |
20 | state be immediately suspended. Said suspension shall be subject to the hardship provisions |
21 | enumerated in § 31-27-2.8. |
22 | (c) A traffic tribunal judge or magistrate, or a district court judge or magistrate, pursuant |
23 | to the terms of subsection (c) (d) of this section, shall order as follows: |
24 | (1) Impose, for the first violation, a fine in the amount of two hundred dollars ($200) to |
25 | five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of |
26 | public community restitution. The person's driving license in this state shall be suspended for a |
27 | period of six (6) months to one year. The traffic tribunal judge or magistrate shall require |
28 | attendance at a special course on driving while intoxicated or under the influence of a controlled |
29 | substance and/or alcohol or drug treatment for the individual. The traffic tribunal judge or |
30 | magistrate may prohibit that person from operating a motor vehicle that is not equipped with an |
31 | ignition interlock system and/or blood and urine testing as provided in § 31-27-2.8. |
32 | (2) Every person convicted of a second violation within a five-year (5) period, except |
33 | with respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; shall |
34 | be imprisoned for not more than six (6) months; shall pay a fine in the amount of six hundred |
| LC003165 - Page 11 of 24 |
1 | dollars ($600) to one thousand dollars ($1,000); perform sixty (60) to one hundred (100) hours of |
2 | public community restitution; and the person's driving license in this state shall be suspended for |
3 | a period of one year to two (2) years. The judge or magistrate shall require alcohol and/or drug |
4 | treatment for the individual. The sentencing judge or magistrate shall prohibit that person from |
5 | operating a motor vehicle that is not equipped with an ignition interlock system and/or blood and |
6 | urine testing as provided in § 31-27-2.8. |
7 | (3) Every person convicted for a third or subsequent violation within a five-year (5) |
8 | period, except with respect to cases of refusal to submit to a blood test, shall be guilty of a |
9 | misdemeanor; and shall be imprisoned for not more than one year; fined eight hundred dollars |
10 | ($800) to one thousand dollars ($1,000); shall perform not less than one hundred (100) hours of |
11 | public community restitution; and the person's operator's license in this state shall be suspended |
12 | for a period of two (2) years to five (5) years. The sentencing judge or magistrate shall prohibit |
13 | that person from operating a motor vehicle that is not equipped with an ignition interlock system |
14 | and/or blood and urine testing as provided in § 31-27-2.8. The judge or magistrate shall require |
15 | alcohol or drug treatment for the individual. Provided, that prior to the reinstatement of a license |
16 | to a person charged with a third or subsequent violation within a three-year (3) period, a hearing |
17 | shall be held before a judge or magistrate. At the hearing, the judge or magistrate shall review the |
18 | person's driving record, his or her employment history, family background, and any other |
19 | pertinent factors that would indicate that the person has demonstrated behavior that warrants the |
20 | reinstatement of his or her license. |
21 | (4) For a second violation within a five-year (5) period with respect to a case of a refusal |
22 | to submit to a blood test, a fine in the amount of six hundred dollars ($600) to one thousand |
23 | dollars ($1,000); the person shall perform sixty (60) to one hundred (100) hours of public |
24 | community restitution; and the person's driving license in this state shall be suspended for a |
25 | period of two (2) years. The judicial officer shall require alcohol and/or drug treatment for the |
26 | individual. The sentencing judicial officer shall prohibit that person from operating a motor |
27 | vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8. Such a |
28 | violation with respect to refusal to submit to a chemical blood test shall be a civil offense. |
29 | (5) For a third or subsequent violation within a five-year (5) period with respect to a case |
30 | of a refusal to submit to a blood test, a fine in the amount of eight hundred dollars ($800) to one |
31 | thousand dollars ($1,000); the person shall perform not less than one hundred (100) hours of |
32 | public community restitution; and the person's driving license in this state shall be suspended for |
33 | a period of two (2) to five (5) years. The sentencing judicial officer shall prohibit that person from |
34 | operating a motor vehicle that is not equipped with an ignition interlock system as provided in § |
| LC003165 - Page 12 of 24 |
1 | 31-27-2.8. The judicial officer shall require alcohol and/or drug treatment for the individual. Such |
2 | a violation with respect to refusal to submit to a chemical test of blood shall be a civil offense. |
3 | Provided, that prior to the reinstatement of a license to a person charged with a third or |
4 | subsequent violation within a three-year (3) period, a hearing shall be held before a judicial |
5 | officer. At the hearing, the judicial officer shall review the person's driving record, his or her |
6 | employment history, family background, and any other pertinent factors that would indicate that |
7 | the person has demonstrated behavior that warrants the reinstatement of their license. |
8 | (6) For purposes of determining the period of license suspension, a prior violation shall |
9 | constitute any charge brought and sustained under the provisions of this section or § 31-27-2. |
10 | (7) In addition to any other fines, a highway safety assessment of five hundred dollars |
11 | ($500) shall be paid by any person found in violation of this section, the assessment to be |
12 | deposited into the general fund. The assessment provided for by this subsection shall be collected |
13 | from a violator before any other fines authorized by this section. |
14 | (8) In addition to any other fines and highway safety assessments, a two-hundred-dollar |
15 | ($200) assessment shall be paid by any person found in violation of this section to support the |
16 | department of health's chemical testing programs outlined in § 31-27-2(4) §§ 31-27-2(f) and 31- |
17 | 27-2(g), that shall be deposited as general revenues, not restricted receipts. |
18 | (9) No fines, suspensions, assessments, alcohol or drug treatment programs, course on |
19 | driving while intoxicated or under the influence of a controlled substance, or public community |
20 | restitution provided for under this section can be suspended. |
21 | (10) Implied consent notice for persons eighteen (18) years of age or older: "Rhode |
22 | Island law requires you to submit to a chemical test of your blood, breath, or urine for the purpose |
23 | of determining the chemical content of your body fluids or breath. If you refuse this testing, |
24 | certain penalties can be imposed and include the following: for a first offense your Rhode Island |
25 | driver's license or privilege to operate a motor vehicle in this state can be suspended for six (6) |
26 | months to one year or modified to permit operation in connection with an ignition interlock |
27 | device for a period specified by law, a fine from two hundred dollars ($200) to five hundred |
28 | dollars ($500) can be imposed, and you can be ordered to perform ten (10) to sixty (60) hours of |
29 | community service and attend a special course on driving while intoxicated or under the influence |
30 | of a controlled substance and/or alcohol or drug treatment. If you have had one or more previous |
31 | offenses within the past five (5) years, your refusal to submit to a chemical test of breath or urine |
32 | at this time can have criminal penalties, including incarceration up to six (6) months for a second |
33 | offense and up to one year for a third or subsequent offense, and can carry increased license |
34 | suspension or ignition interlock period, fines and community service. All violators shall pay a |
| LC003165 - Page 13 of 24 |
1 | five hundred dollar ($500) highway safety assessment fee, a two hundred dollar ($200) |
2 | department of health chemical testing programs assessment fee, and a license reinstatement fee. If |
3 | you refuse to submit to a chemical test, you will be required to maintain proof of financial |
4 | responsibility for three (3) years and all Rhode Island registrations in your name may be |
5 | suspended unless proof of financial responsibility is provided for such vehicles. Refusal to submit |
6 | to a chemical test of blood shall not subject you to criminal penalties for the refusal itself, but if |
7 | you have one or more previous offenses other civil penalties may increase. You have the right to |
8 | be examined at your own expense by a physician selected by you. If you submit to a chemical test |
9 | at this time, you have the right to have an additional chemical test performed at your own |
10 | expense. You will be afforded a reasonable opportunity to exercise these rights. Access to a |
11 | telephone will be made available for you to make those arrangements. You may now use a |
12 | telephone." |
13 | Use of this implied consent notice shall serve as evidence that a person's consent to a |
14 | chemical test is valid in a prosecution involving driving under the influence of liquor, controlled |
15 | substances, and/or drugs. |
16 | (c)(d) Upon suspending or refusing to issue a license or permit as provided in subsection |
17 | (a), the traffic tribunal or district court shall immediately notify the person involved in writing, |
18 | and upon his or her request, within fifteen (15) days, shall afford the person an opportunity for a |
19 | hearing as early as practical upon receipt of a request in writing. Upon a hearing, the judge may |
20 | administer oaths and may issue subpoenas for the attendance of witnesses and the production of |
21 | relevant books and papers. If the judge finds after the hearing that: |
22 | (1) The law enforcement officer making the sworn report had reasonable grounds to |
23 | believe that the arrested person had been driving a motor vehicle within this state while under the |
24 | influence of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of |
25 | title 21, or any combination of these; |
26 | (2) The person, while under arrest, refused to submit to the tests upon the request of a law |
27 | enforcement officer; |
28 | (3) The person had been informed of his or her rights in accordance with § 31-27-3; and |
29 | (4) The person had been informed of the penalties incurred as a result of noncompliance |
30 | with this section, the judge shall sustain the violation. The judge shall then impose the penalties |
31 | set forth in subsection (b) (c) of this section. Action by the judge must be taken within seven (7) |
32 | days after the hearing or it shall be presumed that the judge has refused to issue his or her order of |
33 | suspension. |
34 | (d)(e) For the purposes of this section, any test of a sample of blood, breath, or urine for |
| LC003165 - Page 14 of 24 |
1 | the presence of alcohol that relies, in whole or in part, upon the principle of infrared light |
2 | absorption is considered a chemical test. |
3 | (e)(f) If any provision of this section, or the application of any provision, shall, for any |
4 | reason, be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the |
5 | section, but shall be confined in this effect to the provisions or application directly involved in the |
6 | controversy giving rise to the judgment. |
7 | 31-27-2.5. Chemical tests to persons under eighteen (18) years of age -- Refusal -- |
8 | License suspension. |
9 | (a) Any person under eighteen (18) years of age who shall refuse to submit to a chemical |
10 | test as provided in § 31-27-2 shall have imposed all the penalties provided by § 31-27-2.1, but |
11 | shall have his or her license suspended on a first violation for six (6) months, subject to the terms |
12 | of subsection (e) of this section. |
13 | (b) Jurisdiction for violations of this section is given to the family court. |
14 | (c) If a person as set forth in subsection (a) of this section refuses, upon the request of a |
15 | law enforcement officer, to submit to a test as provided in § 31-27-2.1, none shall be given, but a |
16 | judge of the family court, upon receipt of a report or testimony of a law enforcement officer: that |
17 | he or she had probable cause to stop the arrested person and reasonable grounds to believe the |
18 | arrested person had been driving a motor vehicle within this state while impaired by intoxicating |
19 | liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any |
20 | combination of these; that the person had been informed of his or her rights in accordance with § |
21 | 31-27-3; that the person had been informed of the penalties to be incurred as a result of |
22 | noncompliance with this implied consent notice contained in subsection (h) of this section; and |
23 | that the person had refused to submit to the test upon the request of a law enforcement officer; |
24 | shall promptly order a hearing on whether the person's operator's license or privilege to operate a |
25 | motor vehicle in this state shall be suspended. Upon suspension, the judge shall order the license |
26 | of the person to be surrendered to the department of administration, division of motor vehicles, |
27 | within three (3) days. |
28 | (d) If the person takes a test, as provided in § 31-27-2 and the test determines the person's |
29 | blood alcohol concentration to be at least two-hundredths of one percent (.02%) but less than one- |
30 | tenth of one percent (.1%) by weight, the person shall be determined to have been driving while |
31 | impaired. A judge of the family court shall, pursuant to the terms of subsection (e) of this section, |
32 | order as follows: |
33 | (1) A highway safety assessment of one hundred fifty dollars ($150), or community |
34 | restitution in lieu of highway safety assessment shall be paid by any person found in violation of |
| LC003165 - Page 15 of 24 |
1 | this section. The assessment shall be deposited into the general fund. |
2 | (2) The person's driving license shall be suspended for six (6) months on a first violation, |
3 | and may be suspended for a period of up to twelve (12) months, provided the person also shall |
4 | attend a special course on driving while intoxicated and provided that the person shall also attend |
5 | an alcohol and/or drug treatment program if ordered by the family court judge. Failure or refusal |
6 | of the person to attend the course and/or alcohol or drug treatment program shall result in the |
7 | person's driving license being suspended until the course or treatment program has been |
8 | completed. |
9 | (3) On a second violation of this section, the person's driving license shall be suspended |
10 | until he or she is twenty-one (21) years of age. The sentencing judge shall require alcohol and/or |
11 | drug treatment for the individual. |
12 | (4) On a third or subsequent violation, the person's driving license shall be suspended for |
13 | an additional period of two (2) years and the sentencing judge shall require alcohol and/or drug |
14 | treatment for the individual. |
15 | (5) No suspensions, assessments, driving while intoxicated school, or alcohol and/or drug |
16 | treatment programs under this section can be suspended, shortened, altered, or changed. |
17 | (e) Upon suspending a license or permit as provided in subsection (a), (c), or (d) of this |
18 | section, the family court shall immediately notify the person involved, in writing, as well as the |
19 | custodial parent if the person is under the age of eighteen (18) years. |
20 | (f) The police department which charges any person under eighteen (18) years of age |
21 | with refusal to submit to a chemical test, driving while impaired by intoxicating liquors or drugs, |
22 | or driving while under the influence of liquor or drugs, shall ascertain the name and address of the |
23 | custodial parent of the person and shall notify the parent in writing within ten (10) days of the |
24 | charge. |
25 | (g) The department of administration, upon issuing a first license to a person sixteen (16) |
26 | or seventeen (17) years of age, shall provide a written notice of the penalties provided by this |
27 | section. Any violation of this section shall not be considered a criminal offense. |
28 | (h) Implied consent notice for persons under eighteen (18) years of age: |
29 | "Rhode Island law requires you to submit to a chemical test of your blood, breath, or |
30 | urine for the purpose of determining the chemical content of your body fluids or breath. If you |
31 | refuse this testing, certain penalties can be imposed. These penalties include the following: your |
32 | Rhode Island driver's license or privilege to operate a motor vehicle in this state can be suspended |
33 | for six (6) months or modified to permit operation in connection with an ignition interlock device |
34 | for a period specified by law, a fine from two hundred dollars ($200) to five hundred dollars |
| LC003165 - Page 16 of 24 |
1 | ($500) can be imposed, and you can be ordered to perform ten (10) to sixty (60) hours of |
2 | community service and attend a special course on driving while intoxicated or under the influence |
3 | of a controlled substance and/or alcohol or drug treatment. If you have had one or more previous |
4 | offenses within the past five (5) years, your loss or modification of license, fine and community |
5 | service sanctions can increase over those provided for a first offense. All violators shall pay a five |
6 | hundred dollar ($500) highway safety assessment fee, a two hundred dollar ($200) department of |
7 | health chemical testing programs fee, and a license reinstatement fee. If you refuse to submit to a |
8 | chemical test, you will be required to maintain proof of financial responsibility for three (3) years. |
9 | Refusal to submit to a chemical test shall not be considered a criminal offense. You have the right |
10 | to be examined at your own expense by a physician selected by you. If you submit to a chemical |
11 | test at this time, you have the right to have an additional chemical test performed at your own |
12 | expense. You will be afforded a reasonable opportunity to exercise these rights. Access to a |
13 | telephone will be made available for you to make those arrangements. You may now use the |
14 | telephone." |
15 | Use of this implied consent notice shall serve as evidence that a person's consent to a |
16 | chemical test is valid in a trial for driving under the influence of liquor, controlled substances, |
17 | and/or drugs. |
18 | 31-27-2.8. Ignition interlock system imposed as part of sentence -- Requirements |
19 | Ignition interlock system and/or blood and urine testing imposed as part of sentence -- |
20 | Requirements. |
21 | (a) Any person subject to suspension pursuant to §§ 31-27-2.1(b)(1) and 31-27-2.1 (b)(2) |
22 | or convicted under the provisions of §§ 31-27-2(d)(1), 31-27-2(d)(2), 31-27-2(d)(3)(i) or 31-27- |
23 | 2(d)(3)(ii), or whose violation is sustained under the provisions of § 31-27-2.1(b)(1) §§ 31-27- |
24 | 2.1(b)(1) and 31-27-2.1 (b)(2), may be prohibited by the sentencing judge or magistrate from |
25 | operating a motor vehicle that is not equipped with an ignition interlock system, and/or blood and |
26 | urine testing by a licensed physician with knowledge and clinical experience in the diagnosis and |
27 | treatment of drug related disorders, a licensed or certified psychologist, social worker, or EAP |
28 | professional with like knowledge, or a substance abuse counselor certified by the National |
29 | Association of Alcohol and Drug Abuse Counselors (all of whom shall be licensed in Rhode |
30 | Island), pursuant to this section. |
31 | (1) Notwithstanding any other sentencing and disposition provisions contained in this |
32 | chapter, if a Rhode Island traffic tribunal magistrate makes a finding that a motorist was operating |
33 | a vehicle in the state while under the influence of drugs, toluene, or any controlled substance as |
34 | evidenced by the presence of controlled substances on or about the person or vehicle, or other |
| LC003165 - Page 17 of 24 |
1 | reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a |
2 | preliminary breath test, results from a breathalyzer which indicates no blood alcohol |
3 | concentration or both, the magistrate may exercise their discretion and eliminate the requirement |
4 | of an ignition interlock system; provided, that blood and/or urine testing is mandated as a |
5 | condition to operating a motor vehicle as provided in this section. |
6 | (2) Notwithstanding any other sentencing and disposition provisions contained in this |
7 | chapter, if a Rhode Island traffic tribunal magistrate makes a finding that a motorist was operating |
8 | a vehicle in the state while under the influence of drugs, toluene, or any controlled substance as |
9 | evidenced by the presence of controlled substances on or about the person or vehicle, or other |
10 | reliable indicia or articulable conditions thereof and intoxicating liquor based on a preliminary |
11 | breath test, results from a breathalyzer which indicates blood alcohol concentration or both, the |
12 | magistrate may require an ignition interlock system in addition to blood and/or urine testing as a |
13 | condition to operating a motor vehicle as provided in this section. |
14 | (b) Notwithstanding any other provisions contained in this chapter, after a finding of |
15 | eligibility, any mandatory period of license suspension shall, upon request, be reduced by the |
16 | imposition of an ignition interlock system and/or blood and urine testing ordered by the court or |
17 | traffic tribunal as follows: |
18 | (1) For a violation of § 31-27-2(d)(1), a person shall be subject to a minimum thirty-day |
19 | (30) license suspension and an imposition of an ignition interlock system and/or blood and urine |
20 | testing for three (3) months to one year. |
21 | (2) For a violation of § 31-27-2.1(b)(1) § 31-27-2.1(c)(1), a person shall be subject to a |
22 | minimum thirty-day (30) license suspension and an imposition of an ignition interlock system |
23 | and/or blood and urine testing for a period of six (6) months to two (2) years. |
24 | (3) For a violation of § 31-27-2(d)(2), a person shall be subject to a minimum forty-five- |
25 | day (45) license suspension and an imposition of an ignition interlock system and/or blood and |
26 | urine testing for a period of six (6) months to two (2) years. |
27 | (4) For a violation of § 31-27-2.1(b)(2) § 31-27-2.1(c)(2), a person shall be subject to a |
28 | minimum sixty-day (60) license suspension and an imposition of an ignition interlock system |
29 | and/or blood and urine testing for a period of one to four (4) years. |
30 | (5) For a violation of § 31-27-2.1(b)(3) a person shall be subject to a minimum sixty-day |
31 | (60) license suspension and imposition of an ignition interlock system and/or blood and urine |
32 | testing for a period of one to four (4) years. |
33 | (6) For a violation of § 31-27-2.1(b)(3) § 31-27-2.1(c)(3), a person shall be subject to a |
34 | minimum ninety-day (90) license suspension and imposition of an ignition interlock system |
| LC003165 - Page 18 of 24 |
1 | and/or blood and urine testing for a period of two (2) to ten (10) years. |
2 | (7) In any case where a person is convicted of a first offense under the provisions of § 31- |
3 | 27-2(d)(1) or under § 31-27-2.1(b)(1), the sentencing judge or magistrate shall, upon request, |
4 | grant the person a conditional hardship license immediately upon a plea or admission of guilt, or |
5 | an initial suspension under § 31-27-2.1(b), and after a finding of need under this section; |
6 | provided, however, that in a case where a conditional hardship license shall be granted by the |
7 | sentencing judge or magistrate upon an initial suspension under § 31-27-2.1(b) and prior to the |
8 | installation of an ignition interlock device, said hardship license shall be issued to the motorist |
9 | upon proof of installation of an ignition interlock device. |
10 | (i) If a conviction pursuant to §§ 31-27-2(d)(l) or 31-27-2.l(c)(l) is a first offense, or upon |
11 | an initial suspension pursuant to § 31-27-2.1(b)(ii), where there has been a finding or |
12 | determination that the motorist was under the influence of intoxicating liquor only, the magistrate |
13 | shall, upon request, immediately grant a conditional hardship license after a finding of need |
14 | pursuant to this section and upon proof of the installation of an ignition interlock device. |
15 | (ii) If a conviction pursuant to §§ 31-27-2(d)(l) or 31-27-2.l(c)(l) is a first offense, or |
16 | upon an initial suspension pursuant to § 31-27-2.1(b)(ii), where there has been a finding or |
17 | determination that the motorist was under the influence of drugs, toluene, or a controlled |
18 | substance, but not intoxicating liquor, the judge or magistrate shall, upon request, immediately |
19 | grant a conditional hardship license after a finding of need pursuant to this section and upon proof |
20 | of blood and urine testing pursuant to this section. |
21 | (iii) If a conviction pursuant to §§ 31-27-2(d)(1) or 31-27-2.1(c)(1) is a first offense, or |
22 | upon an initial suspension pursuant to § 31-27-2.1(b)(ii), where there has been a finding or |
23 | determination that the motorist was under the influence of intoxicating liquor, toluene, a |
24 | controlled substance or any combination thereof, the magistrate shall, upon request, immediately |
25 | grant a conditional hardship license after a finding of need pursuant to this section and upon proof |
26 | of the installation of an ignition interlock device, subject also to the following testing: |
27 | (A) The testing of either blood or urine is being performed by or monitored by a licensed |
28 | physician with knowledge and clinical experience in the diagnosis and treatment of drug related |
29 | disorders, a licensed or certified psychologist, social worker, or EAP professional with like |
30 | knowledge, or a substance abuse counselor certified by the National Association of Alcohol and |
31 | Drug Abuse Counselors (all of whom shall be licensed in Rhode Island). |
32 | (B) The motorist is required to pay for the substance abuse professional, any testing, |
33 | retesting, monitoring and reporting costs of the blood and urine testing. |
34 | (C) Samples are to be collected, tested and confirmed by a federally certified laboratory |
| LC003165 - Page 19 of 24 |
1 | by means of gas chromatography/mass spectrometry or technology recognized as being at least as |
2 | scientifically accurate. |
3 | (D) Samples are to be taken weekly for the first sixty (60) days, thereafter in accordance |
4 | with the recommendation of the substance abuse professional. The samples taken thereafter may |
5 | be ordered randomly, but must be provided by the motorist within twenty-four (24) hours of the |
6 | request. The substance abuse professional shall report to the department of the attorney general |
7 | within twenty-four (24) hours any failure by the motorist to comply with a request for a sample. |
8 | (E) A positive test of urine or blood which evidences any controlled substances shall be |
9 | reported by the substance abuse professional to the motorist and to the department of the attorney |
10 | general within twenty-four (24) hours of receipt of the results. The motorist may, at their own |
11 | expense, have an opportunity to have the sample retested or reevaluated by an independent testing |
12 | facility who shall provide the result directly to the substance abuse professional. The attorney |
13 | general may request, at any time, a copy of any or all test results from the substance abuse |
14 | professional, which shall forward the requested results within forty-eight (48) hours. |
15 | (F) Upon completion of the license suspension, conditional hardship, ignition interlock |
16 | and substance abuse testing periods, a finalized report shall be presented to the department of |
17 | motor vehicles prior to any license reinstatement. |
18 | (G) If a judge or magistrate determines that a motorist either failed, without good cause, |
19 | to comply with a sample request or tested positive for any controlled substance, they may |
20 | exercise their discretion and revoke the conditional hardship license, extend the time period for |
21 | the ignition interlock system and/or substance abuse testing for an additional period of up to |
22 | twelve (12) months and/or impose an additional loss of license for up to twenty-four (24) months. |
23 | (H) A motorist who has failed, without good cause, to comply with a sample request or |
24 | tested positive for any controlled substance for a second time within twelve (12) months of the |
25 | first failure and/or positive test determination shall be guilty of a misdemeanor punishable by up |
26 | to one year imprisonment, or a fine of up to one thousand dollars ($1,000), or both. |
27 | (c) However, in any case where a motorist has a prior alcohol-related offense and the |
28 | instant matter involves a blood alcohol level of fifteen hundredths (.15) BAC or above, or a prior |
29 | reckless driving conviction under § 31-27-4 or reckless eluding conviction under § 31-27-4.1, |
30 | within the prior ten (10) years of the offense, or when the instant offense involves a motor vehicle |
31 | accident, the judge or magistrate may exercise their discretion in the granting of the hardship |
32 | license by imposing up to a ninety (90) day loss of license prior to any imposition of the hardship |
33 | license. If the instant matter involves a blood alcohol level of fifteen hundredths (.15) BAC or |
34 | above, the judge or magistrate may exercise his or her discretion in the granting of the hardship |
| LC003165 - Page 20 of 24 |
1 | license by imposing up to a six (6) month loss of license prior to any imposition of the hardship |
2 | license. Said hardship license shall be valid only for twelve (12) hours per day to get to and from |
3 | employment, necessary medical appointments, job training, schooling, or any other valid reason |
4 | approved in advance by the sentencing judge or magistrate. A hardship license shall only be |
5 | granted in conjunction with the installation of an ignition interlock device and/or blood and urine |
6 | testing. Any conditional driving privileges must be set by the sentencing judge or magistrate after |
7 | a hearing in which the motorist must provide proof of employment status and hours of |
8 | employment, or any other legitimate reasons justifying a hardship license. These shall include, |
9 | but not be limited to, any unemployment training, schooling, medical appointments, therapy |
10 | treatments, or any other valid requests set forth by sworn affidavit. Once said hardship period has |
11 | concluded, the motorist must still be subject to the conditions of the ignition interlock system |
12 | and/or blood and urine testing as set forth under this section for the period of time as directed by |
13 | the court. Any individual who violates the requirements of this subsection shall be subject to the |
14 | penalties enumerated in § 31-11-18.1. |
15 | (c)(d) Any person convicted of an offense of driving under the influence of liquor or |
16 | drugs resulting in death, § 31-27-2.2; driving under the influence of liquor or drugs resulting in |
17 | serious bodily injury, § 31-27-2.6; driving to endanger resulting in death, § 31-27-1; or driving to |
18 | endanger resulting in serious bodily injury, § 31-27-1.1; may, in addition to any other penalties |
19 | provided by law, be prohibited from operating a motor vehicle that is not equipped with an |
20 | approved ignition interlock system and/or blood and urine testing for one to five (5) years. |
21 | (d)(e) Any person who operates a motor vehicle with a suspended license during the |
22 | period of suspension, and the reason for the suspension was due to a conviction of driving under |
23 | the influence of drugs or alcohol or a sustained violation or conviction of refusal to submit to a |
24 | chemical test, shall be subject to the further use of the ignition interlock system and/or blood and |
25 | urine testing for a period of six (6) months subsequent to the penalties enumerated in § 31-11- |
26 | 18.1. |
27 | (e)(f) When the court orders the use of an ignition interlock system, the judge or |
28 | magistrate shall cause an appropriate notation to be made on the person's record that clearly sets |
29 | forth the requirement for, and the period of the use of, the ignition interlock system. |
30 | (f)(g) In addition to the requirements of subsection (e) (f) of this section, the court or |
31 | traffic tribunal shall: |
32 | (1) Require proof of the installation of the ignition interlock system and periodic |
33 | reporting by the person for the purpose of verification of the proper operation of the ignition |
34 | interlock system; |
| LC003165 - Page 21 of 24 |
1 | (2) Require the person to have the ignition interlock system monitored for the proper use |
2 | and accuracy by a person, firm, corporation, or other association to be approved by the division of |
3 | motor vehicles at least once every six (6) months, or more frequently as the circumstances may |
4 | require; and |
5 | (3) Require the person to pay the reasonable cost of leasing or buying, monitoring, and |
6 | maintenance of the ignition interlock system. |
7 | (4) The requirements under subsection (f) (g) of this section shall be the responsibility of |
8 | the probation department or justice assistance, if the individual is under their control, or the |
9 | division of motor vehicles if the individual is not monitored as a condition of the individual's plea |
10 | or finding of guilt. |
11 | (h) Any person granted a conditional hardship license upon proof of installation of an |
12 | ignition interlock device, may operate that motor vehicle during the entire time period of the |
13 | hours of operation granted by the sentencing judge or magistrate including during the scope of |
14 | their employment and/or any other valid reason approved by the sentencing judge or magistrate. |
15 | (g)(i) If a person is required, in the course of the person's employment, to operate a motor |
16 | vehicle owned or provided by the person's employer, the person may operate that motor vehicle |
17 | in the course of the person's employment without installation of an ignition interlock system if the |
18 | court makes specific findings expressly permitting the person to operate, in the course of the |
19 | person's employment, a motor vehicle that is not equipped with an ignition interlock system. |
20 | (h)(j)(1) Any person subject to an ignition interlock order and/or blood and urine testing |
21 | who violates such order shall be guilty of a misdemeanor punishable by up to one year |
22 | imprisonment, or a fine of up to one thousand dollars ($1,000), or both. |
23 | (2) For a second violation within six (6) months from entry of the order, the person |
24 | violating the order shall be imprisoned for a term of not less than ten (10) days and not more than |
25 | one year. |
26 | (k) For the purposes of this subsection, a violation of the interlock order, includes, but is |
27 | not limited to: |
28 | (1) Altering, tampering, or in any way attempting to circumvent the operation of an |
29 | ignition interlock system that has been installed in the motor vehicle of a person under this |
30 | section; |
31 | (2) Operating a motor vehicle that is not equipped with an ignition interlock system; or |
32 | (3) Soliciting or attempting to have another person start a motor vehicle equipped with an |
33 | ignition interlock system for the purpose of providing an operable motor vehicle to a person who |
34 | is prohibited from operating a motor vehicle that is not equipped with an ignition interlock |
| LC003165 - Page 22 of 24 |
1 | system. |
2 | (i)(l) Any person who attempts to start, or starts, a motor vehicle equipped with an |
3 | ignition interlock system, tampers with, or in any way attempts to circumvent, the operation of an |
4 | ignition interlock system that has been installed in the motor vehicle for the purpose of providing |
5 | an operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not |
6 | equipped with an ignition interlock system, shall be guilty of a misdemeanor punishable by up to |
7 | one year imprisonment or a fine of up to one thousand dollars ($1,000), or both. |
8 | SECTION 2. This act shall take effect upon passage. |
======== | |
LC003165 | |
======== | |
| LC003165 - Page 23 of 24 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES | |
*** | |
1 | This act would grant a judge or magistrate the discretion to impose the requirement of |
2 | blood and/or urine testing or the use of the ignition interlock system or both upon those persons |
3 | seeking the issuance of a conditional hardship license after conviction of driving under the |
4 | influence of alcohol or illegal substances or the refusal to submit to a chemical test. It would also |
5 | require any person accused of driving under the influence, refusal to take a chemical test, be |
6 | given notice of the implied consent law and would permit the hand delivery of test results at the |
7 | location of the test. |
8 | This act would take effect upon passage. |
======== | |
LC003165 | |
======== | |
| LC003165 - Page 24 of 24 |