Chapter 274
2018 -- S 2867 SUBSTITUTE A
Enacted 07/02/2018

A N   A C T
RELATING TO MOTOR AND OTHER VEHICLES - MOTOR VEHICLE OFFENSES

Introduced By: Senator Maryellen Goodwin
Date Introduced: May 03, 2018

It is enacted by the General Assembly as follows:
     SECTION 1. Section 31-27-2 of the General Laws in Chapter 31-27 entitled "Motor
Vehicle Offenses" is 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 subsection (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 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 subsection (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 subsection
(b)(2), shall be subject 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 subsection (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
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 subsection (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 subsection (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
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 subsection (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) 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 subsection (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
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) this subsection (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 shall be subject to immediate
license suspension pending prosecution. Any person convicted of violating this section shall be
guilty of a misdemeanor for a first offense and may be sentenced to a term of imprisonment of not
more than one year and a fine not to exceed one thousand dollars ($1000 $1,000). Any person
convicted of a second or subsequent offense shall be guilty of a felony offense and may be
sentenced to a term of imprisonment of not more than five (5) years and a fine not to exceed five
thousand dollars ($5000 $5,000). The sentencing judge shall also order a license suspension of up
to two (2) years, 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. The
individual may also be required to pay a highway assessment fee of no more than five hundred
dollars ($500) and the assessment shall be deposited in the general fund.
     (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
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
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
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.
     SECTION 2. This act shall take effect upon passage.
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LC004154/SUB A
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