§ 31-27-2.6 - Driving under the influence of liquor or drugs, resulting in serious bodily injury.
SECTION 31-27-2.6
§ 31-27-2.6 Driving under the influence ofliquor or drugs, resulting in serious bodily injury. – (a) When serious bodily injury of any person other than the operator is causedby the operation of any motor vehicle, the operator of which is under theinfluence of any intoxicating liquor, toluene, or any controlled substance asdefined in chapter 28 of title 21 or any combination of these, the person sooperating the vehicle shall be guilty of driving under the influence of liquoror drugs, resulting in serious bodily injury.
(b) As used in this section, "serious bodily injury" meansphysical injury that creates a substantial risk of death or causes seriousphysical disfigurement or protracted loss or impairment of the function of anybodily member or organ.
(c) Any person charged with the commission of the offense setforth in subsection (a) of this section shall, upon conviction, be punished byimprisonment for not less than one year and for not more than ten (10) yearsand by a fine of not less than one thousand dollars ($1,000) nor more than fivethousand dollars ($5,000). The sentencing judge shall have the discretion tosentence the person to any unit of the adult correctional institutions. Thelicense of the person may be revoked for a period of up to two (2) years. Thelicense privilege shall not be reinstated until evidence satisfactory to theadministrator of the division of motor vehicles establishes that no groundsexist which would authorize refusal to issue a license and until the persongives proof of financial responsibility pursuant to chapter 32 of this title.In addition, the person convicted may be required to successfully completealcohol or drug treatment, at their own expense, in a program established bythe director of the department of corrections.
(d) For a second or subsequent conviction under this sectionwithin a five (5) year period, a person shall be punished by imprisonment fornot less than two (2) years nor more than fifteen (15) years and by a fine ofnot less than three thousand dollars ($3,000) nor more than ten thousanddollars ($10,000). The sentencing judge shall have the discretion to sentencethe person to any unit of the adult correctional institutions. In addition, theperson convicted may be required to successfully complete alcohol or drugtreatment, at their own expense, in a program established by the director ofthe department of corrections. The license of the person may be revoked for aperiod of up to four (4) years. The license privilege shall not thereafter bereinstated until evidence satisfactory to the administrator of the division ofmotor vehicles establishes that no grounds exist which would authorize refusalto issue a license and until the person gives proof of financial responsibilitypursuant to chapter 32 of this title.