§ 31-27-2.2 - Driving under the influence of liquor or drugs, resulting in death.
SECTION 31-27-2.2
§ 31-27-2.2 Driving under the influence ofliquor or drugs, resulting in death. – (a) When the death of any person other than the operator ensues as a proximateresult of an injury received by the operation of any vehicle, the operator ofwhich is under the influence of any intoxicating liquor, toluene, or anycontrolled substance as defined in chapter 28 of title 21, or any combinationof these, the person so operating the vehicle shall be guilty of "driving underthe influence of liquor or drugs, resulting in death".
(b) Any person charged with the commission of the offense setforth in subsection (a) of this section shall, upon conviction, be punished asfollows:
(1) Every person convicted of a first violation shall bepunished by imprisonment in the state prison for not less than five (5) yearsand for not more than fifteen (15) years, in any unit of the adult correctionalinstitutions in the discretion of the sentencing judge, by a fine of not lessthan five thousand dollars ($5,000) nor more than ten thousand dollars($10,000) and his or her license to operate a motor vehicle shall be revokedfor a period of five (5) years. The license privilege shall not be reinstateduntil evidence satisfactory to the administrator of the division of motorvehicles establishes that no grounds exist which would authorize the refusal toissue a license, and until the person gives proof of financial responsibilitypursuant to chapter 32 of this title.
(ii) In addition, the person convicted may be required tosuccessfully complete alcohol or drug treatment in a program of their choice,at their own expense, as authorized by a judge of the superior court, and maysuccessfully complete the program before any license to operate a motor vehicleis renewed.
(2) Every person convicted of a second or subsequentviolation within a five (5) year period in this state or any other state,provided the out-of-state conviction was based on the same blood-alcoholconcentration as set forth in § 31-27-2 shall be punished by imprisonmentin the state prison for not less than ten (10) years and for not more thantwenty (20) years, in any unit of the adult correctional institutions in thediscretion of the sentencing judge, by a fine of not less than ten thousanddollars ($10,000) nor more than twenty thousand dollars ($20,000) and his orher license to operate a motor vehicle shall be revoked for a period of five(5) years. In addition, the person convicted may be required to successfullycomplete alcohol or drug treatment, at their own expense, in a programestablished by the director of the department of corrections. The licenseprivilege shall not be reinstated whether the convictions occurred in this orany other state until evidence satisfactory to the superior court, following ahearing establishes that no grounds exist which would authorize the refusal toissue a license, and until the person gives proof of financial responsibilitypursuant to chapter 32 of this title.