§ 31-27-2 - Driving under influence of liquor or drugs.
SECTION 31-27-2
§ 31-27-2 Driving under influence ofliquor or drugs. – (a) Whoever drives or otherwise operates any vehicle in the state while underthe influence of any intoxicating liquor, drugs, toluene, or any controlledsubstance as defined in chapter 28 of title 21, or any combination of these,shall be guilty of a misdemeanor except as provided in subdivision (d)(3) andshall be punished as provided in subsection (d) of this section.
(b) Any person charged under subsection (a) of this sectionwhose 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 urinesample shall be guilty of violating subsection (a) of this section. Thisprovision shall not preclude a conviction based on other admissible evidence.Proof of guilt under this section may also be based on evidence that the personcharged was under the influence of intoxicating liquor, drugs, toluene, or anycontrolled substance defined in chapter 28 of title 21, or any combination ofthese, to a degree which rendered the person incapable of safely operating avehicle. The fact that any person charged with violating this section is or hasbeen legally entitled to use alcohol or a drug shall not constitute a defenseagainst any charge of violating this section.
(2) Whoever drives or otherwise operates any vehicle in thestate with a blood presence of any scheduled controlled substance as definedwithin 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 insubsection (d) of this section.
(c) In any criminal prosecution for a violation of subsection(a) of this section, evidence as to the amount of intoxicating liquor, toluene,or any controlled substance as defined in chapter 28 of title 21, or anycombination of these, in the defendant's blood at the time alleged as shown bya chemical analysis of the defendant's breath, blood, or urine or other bodilysubstance shall be admissible and competent, provided that evidence ispresented that the following conditions have been complied with:
(1) The defendant has consented to the taking of the testupon which the analysis is made. Evidence that the defendant had refused tosubmit to the test shall not be admissible unless the defendant elects totestify.
(2) A true copy of the report of the test result was mailedwithin seventy-two (72) hours of the taking of the test to the personsubmitting 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 resultmailed to him or her within thirty (30) days following the taking of the test.
(4) The test was performed according to methods and withequipment approved by the director of the department of health of the state ofRhode Island and by an authorized individual.
(5) Equipment used for the conduct of the tests by means ofbreath analysis had been tested for accuracy within thirty (30) days precedingthe test by personnel qualified as hereinbefore provided, and breathalyzeroperators shall be qualified and certified by the department of health withinthree hundred sixty-five (365) days of the test.
(6) The person arrested and charged with operating a motorvehicle while under the influence of intoxicating liquor, toluene, or anycontrolled substance as defined in chapter 28 of title 21, or, any combinationof these in violation of subsection (a) of this section was afforded theopportunity to have an additional chemical test. The officer arresting or socharging the person shall have informed the person of this right and affordedhim or her a reasonable opportunity to exercise this right, and a notation tothis effect is made in the official records of the case in the policedepartment. Refusal to permit an additional chemical test shall renderincompetent and inadmissible in evidence the original report.
(d) Every person found to have violated subdivision (b)(1) ofthis section shall be sentenced as follows: for a first violation whose bloodalcohol concentration is eight one-hundredths of one percent (.08%) but lessthan one-tenth of one percent (.1%) by weight or who has a blood presence ofany scheduled controlled substance as defined in subdivision (b)(2) shall besubject to a fine of not less than one hundred dollars ($100) nor more thanthree hundred dollars ($300), shall be required to perform ten (10) to sixty(60) hours of public community restitution, and/or shall be imprisoned for upto one year. The sentence may be served in any unit of the adult correctionalinstitutions in the discretion of the sentencing judge and/or shall be requiredto attend a special course on driving while intoxicated or under the influenceof a controlled substance, and his or her driver's license shall be suspendedfor thirty (30) days up to one hundred eighty (180) days.
(ii) Every person convicted of a first violation whose bloodalcohol concentration is one-tenth of one percent (.1%) by weight or above butless than fifteen hundredths of one percent (.15%) or whose blood alcoholconcentration is unknown shall be subject to a fine of not less than onehundred ($100) dollars nor more than four hundred dollars ($400) and shall berequired to perform ten (10) to sixty (60) hours of public communityrestitution and/or shall be imprisoned for up to one year. The sentence may beserved in any unit of the adult correctional institutions in the discretion ofthe sentencing judge. The person's driving license shall be suspended for aperiod of three (3) months to twelve (12) months. The sentencing judge shallrequire attendance at a special course on driving while intoxicated or underthe influence of a controlled substance and/or alcoholic or drug treatment forthe individual.
(iii) Every person convicted of a first offense whose bloodalcohol concentration is fifteen hundredths of one percent (.15%) or above, orwho is under the influence of a drug, toluene, or any controlled substance asdefined in subdivision (b)(1) shall be subject to a fine of five hundreddollars ($500) and shall be required to perform twenty (20) to sixty (60) hoursof 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 institutionsin the discretion of the sentencing judge. The person's driving license shallbe suspended for a period of three (3) months to eighteen (18) months. Thesentencing judge shall require attendance at a special course on driving whileintoxicated or under the influence of a controlled substance and/or alcohol ordrug treatment for the individual.
(2) Every person convicted of a second violation within afive (5) year period with a blood alcohol concentration of eight one-hundredthsof 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 bloodpresence of any controlled substance as defined in subdivision (b)(2), andevery person convicted of a second violation within a five (5) year periodregardless of whether the prior violation and subsequent conviction was aviolation and subsequent conviction under this statute or under the drivingunder the influence of liquor or drugs statute of any other state, shall besubject to a mandatory fine of four hundred dollars ($400). The person'sdriving 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 morethan one year in jail. The sentence may be served in any unit of the adultcorrectional institutions in the discretion of the sentencing judge; however,not less than forty-eight (48) hours of imprisonment shall be servedconsecutively. The sentencing judge shall require alcohol or drug treatment forthe individual, and may prohibit that person from operating a motor vehiclethat is not equipped with an ignition interlock system for a period of one yearto two (2) years following the completion of the sentence as provided in §31-27-2.8.
(ii) Every person convicted of a second violation within afive (5) year period whose blood alcohol concentration is fifteen hundredths ofone percent (.15%) or above by weight as shown by a chemical analysis of ablood, breath, or urine sample or who is under the influence of a drug,toluene, or any controlled substance as defined in subdivision (b)(1) shall besubject to mandatory imprisonment of not less than six (6) months nor more thanone year, a mandatory fine of not less than one thousand dollars ($1,000) and amandatory license suspension for a period of two (2) years from the date ofcompletion of the sentence imposed under this subsection.
(3) Every person convicted of a third or subsequent violationwithin a five (5) year period with a blood alcohol concentration of eightone-hundredths of one percent (.08%) or above but less than fifteen hundredthsof one percent (.15%) or whose blood alcohol concentration is unknown or whohas a blood presence of any scheduled controlled substance as defined insubdivision (b)(2) regardless of whether any prior violation and subsequentconviction was a violation and subsequent conviction under this statute orunder the driving under the influence of liquor or drugs statute of any otherstate, shall be guilty of a felony and be subject to a mandatory fine of fourhundred ($400) dollars. The person's driving license shall be suspended for aperiod of two (2) years to three (3) years, and the individual shall besentenced 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 institutionsin the discretion of the sentencing judge; however, not less than forty-eight(48) hours of imprisonment shall be served consecutively. The sentencing judgeshall require alcohol or drug treatment for the individual, and may prohibitthat person from operating a motor vehicle that is not equipped with anignition interlock system for a period of two (2) years following thecompletion of the sentence as provided in § 31-27-2.8.
(ii) Every person convicted of a third or subsequentviolation within a five (5) year period whose blood alcohol concentration isfifteen hundredths of one percent (.15%) above by weight as shown by a chemicalanalysis of a blood, breath, or urine sample or who is under the influence of adrug, toluene or any controlled substance as defined in subdivision (b)(1)shall be subject to mandatory imprisonment of not less than three (3) years normore than five (5) years, a mandatory fine of not less than one thousanddollars ($1,000) nor more than five thousand dollars ($5,000) and a mandatorylicense suspension for a period of three (3) years from the date of completionof the sentence imposed under this subsection.
(iii) In addition to the foregoing penalties, every personconvicted of a third or subsequent violation within a five (5) year periodregardless of whether any prior violation and subsequent conviction was aviolation and subsequent conviction under this statute or under the drivingunder the influence of liquor or drugs statute of any other state shall besubject, in the discretion of the sentencing judge, to having the vehicle ownedand operated by the violator seized and sold by the state of Rhode Island, withall funds obtained by the sale to be transferred to the general fund.
(4) For purposes of determining the period of licensesuspension, a prior violation shall constitute any charge brought and sustainedunder the provisions of this section or § 31-27-2.1.
(ii) Any person over the age of eighteen (18) who isconvicted under this section for operating a motor vehicle while under theinfluence of alcohol, other drugs, or a combination of these, while a childunder the age of thirteen (13) years was present as a passenger in the motorvehicle when the offense was committed may be sentenced to a term ofimprisonment of not more than one year and further shall not be entitled to thebenefit of suspension or deferment of this sentence. The sentence imposed underthis section may be served in any unit of the adult correctional institutionsin the discretion of the sentencing judge.
(5) Any person convicted of a violation under this sectionshall pay a highway assessment fine of five hundred dollars ($500) which shallbe deposited into the general fund. The assessment provided for by thissubsection shall be collected from a violator before any other fines authorizedby this section.
(ii) Any person convicted of a violation under this sectionshall be assessed a fee. The fee shall be as follows:
FISCAL YEAR FISCAL YEAR FISCAL YEAR
1993-1995 1996-1999 2000-2010
$147 $173$86
(6) If the person convicted of violating this section isunder the age of eighteen (18) years, for the first violation he or she shallbe required to perform ten (10) to sixty (60) hours of public communityrestitution, and the juvenile's driving license shall be suspended for a periodof 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 courseon driving while intoxicated or under the influence of a controlled substanceand alcohol or drug education and/or treatment for the juvenile. The juvenilemay also be required to pay a highway assessment fine of no more than fivehundred dollars ($500), and the assessment imposed shall be deposited into thegeneral fund.
(ii) If the person convicted of violating this section isunder the age of eighteen (18) years, for a second or subsequent violationregardless of whether any prior violation and subsequent conviction was aviolation and subsequent under this statute or under the driving under theinfluence of liquor or drugs statute of any other state, he or she shall besubject to a mandatory suspension of his or her driving license until such timeas he or she is twenty-one (21) years of age and may, in the discretion of thesentencing judge, also be sentenced to the Rhode Island training school for aperiod of not more than one year and/or a fine of not more than five hundreddollars ($500).
(7) Any person convicted of a violation under this sectionmay undergo a clinical assessment at a facility approved by the department ofmental health retardation and hospitals. Should this clinical assessmentdetermine problems of alcohol, drug abuse, or psychological problems associatedwith alcoholic or drug abuse, this person shall be referred to the T.A.S.C.(treatment alternatives to street crime) program for treatment placement, casemanagement, and monitoring.
(e) Percent by weight of alcohol in the blood shall be basedupon milligrams of alcohol per one hundred (100) cubic centimeters of blood.
(f) There is established an alcohol and drug safety unitwithin the division of motor vehicles to administer an alcohol safety actionprogram. The program shall provide for placement and follow-up for persons whoare required to pay the highway safety assessment. The alcohol and drug safetyaction program will be administered in conjunction with alcohol and drugprograms within the department of mental health retardation and hospitals.
(2) Persons convicted under the provisions of this chaptershall be required to attend a special course on driving while intoxicated orunder the influence of a controlled substance, and/or participate in an alcoholor drug treatment program. The course shall take into consideration anylanguage barrier which may exist as to any person ordered to attend, and shallprovide for instruction reasonably calculated to communicate the purposes ofthe course in accordance with the requirements of the subsection. Any costsreasonably incurred in connection with the provision of this accommodationshall be borne by the person being retrained. A copy of any violation underthis section shall be forwarded by the court to the alcohol and drug safetyunit. In the event that persons convicted under the provisions of this chapterfail to attend and complete the above course or treatment program, as orderedby the judge, then the person may be brought before the court, and after ahearing as to why the order of the court was not followed, may be sentenced tojail for a period not exceeding one year.
(3) The alcohol and drug safety action program within thedivision of motor vehicles shall be funded by general revenue appropriations.
(g) The director of the health department of the state ofRhode Island is empowered to make and file with the secretary of stateregulations which prescribe the techniques and methods of chemical analysis ofthe person's body fluids or breath, and the qualifications and certification ofindividuals authorized to administer this testing and analysis.
(h) Jurisdiction for misdemeanor violations of this sectionshall be with the district court for persons eighteen (18) years of age orolder 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 toorder the suspension of any license for violations of this section. All trialsin the district court and family court of violations of the section shall bescheduled within thirty (30) days of the arraignment date. No continuance orpostponement shall be granted except for good cause shown. Any continuancesthat are necessary shall be granted for the shortest practicable time. Trialsin superior court are not required to be scheduled within thirty (30) days ofthe arraignment date.
(i) No fines, suspensions, assessments, alcohol or drugtreatment programs, course on driving while intoxicated or under the influenceof a controlled substance, public community restitution, or jail provided forunder this section can be suspended.
(j) An order to attend a special course on driving whileintoxicated that shall be administered in cooperation with a college oruniversity accredited by the state, shall include a provision to pay areasonable tuition for the course in an amount not less than twenty-fivedollars ($25.00), and a fee of one hundred seventy-five dollars ($175), whichfee shall be deposited into the general fund.
(k) For the purposes of this section, any test of a sample ofblood, breath, or urine for the presence of alcohol, which relies in whole orin part upon the principle of infrared light absorption is considered achemical test.
(l) If any provision of this section or the application ofany provision shall for any reason be judged invalid, such a judgment shall notaffect, impair, or invalidate the remainder of the section, but shall beconfined in this effect to the provision or application directly involved inthe controversy giving rise to the judgment.