AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES (Requires that any person convicted of a charge of driving under the influence or refusal to submit to a chemical test, have an ignition interlock system installed in their vehicle as part of any sentence before being eligible for a license reinstatement.)

S2970

2026 -- S 2970
========
LC004724
========

STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES

Introduced By:
Senators McKenney, Raptakis, Zurier, Tikoian, Burke, Bissaillon, Britto,
and Felag

Date Introduced:
March 04, 2026

Referred To:
Senate Judiciary
(Attorney General)
It is enacted by the General Assembly as follows:
1
SECTION 1. Sections 31-27-2, 31-27-2.1 and 31-27-2.8 of the General Laws in Chapter
2
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 influence
5
of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of
6
title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in
7
subsection (d)(3), and shall be punished as provided in subsection (d) of this section.
8
(b)(1) Any person charged under subsection (a), whose blood alcohol concentration is eight
9
one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis of a
10
blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall not
11
preclude a conviction based on other admissible evidence, including the testimony of a drug
12
recognition expert or evaluator, certified pursuant to training approved by the Rhode Island
13
department of transportation office on highway safety. Proof of guilt under this section may also
14
be based on evidence that the person charged was under the influence of intoxicating liquor, drugs,
15
toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of these,
16
to a degree that rendered the person incapable of safely operating a vehicle. The fact that any person
17
charged with violating this section is, or has been, legally entitled to use alcohol or a drug shall not
18
constitute a defense against any charge of violating this section.
19
(2) [Deleted by P.L. 2021, ch. 170, § 1 and P.L. 2021, ch. 171, § 1.]

1
(c) In any criminal prosecution for a violation of subsection (a), evidence as to the amount
2
of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or
3
any combination of these, in the defendant’s blood at the time alleged as shown by a chemical
4
analysis of the defendant’s breath, blood, saliva or urine or other bodily substance, shall be
5
admissible and competent, provided that evidence is presented that the following conditions have
6
been complied with:
7
(1) The defendant has consented to the taking of the test upon which the analysis is made.
8
Evidence that the defendant had refused to submit to the test shall not be admissible unless the
9
defendant elects to testify.
10
(2) A true copy of the report of the test result was hand delivered at the location of the test
11
or mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath
12
test.
13
(3) Any person submitting to a chemical test of blood, urine, saliva or other body fluids
14
shall have a true copy of the report of the test result mailed to him or her within thirty (30) days
15
following the taking of the test.
16
(4) The test was performed according to methods and with equipment approved by the
17
director of the department of health of the state of Rhode Island and by an authorized individual.
18
(5) Equipment used for the conduct of the tests by means of breath analysis had been tested
19
for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore
20
provided, and breathalyzer operators shall be qualified and certified by the department of health
21
within three hundred sixty-five (365) days of the test.
22
(6) The person arrested and charged with operating a motor vehicle while under the
23
influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of
24
title 21 or any combination of these in violation of subsection (a), was afforded the opportunity to
25
have an additional chemical test. The officer arresting or so charging the person shall have informed
26
the person of this right and afforded him or her a reasonable opportunity to exercise this right, and
27
a notation to this effect is made in the official records of the case in the police department. Refusal
28
to permit an additional chemical test shall render incompetent and inadmissible in evidence the
29
original report.
30
(d)(1)(i) Every person found to have violated subsection (b)(1) shall be sentenced as
31
follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one
32
percent (.08%), but less than one-tenth of one percent (.1%), by weight
, or who has a blood presence
33
of any scheduled controlled substance as defined in chapter 28 of title 21,
shall be subject to a fine
34
of not less than one hundred dollars ($100), nor more than three hundred dollars ($300); shall be

LC004724 - Page 2 of 22
1
required to perform ten (10) to sixty (60) hours of public community restitution, and/or shall be
2
imprisoned for up to one year. The sentence may be served in any unit of the adult correctional
3
institutions in the discretion of the sentencing judge and/or shall be required to attend a special
4
course on driving while intoxicated or under the influence of a controlled substance; provided,
5
however, that the court may permit a servicemember or veteran to complete any court-approved
6
counseling program administered or approved by the Veterans’ Administration, and his or her
7
driver’s license shall be suspended for thirty (30) days up to one hundred eighty (180) days. The
8
sentencing judge or magistrate
may

shall
prohibit that person from operating a motor vehicle,
9
pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition
10
interlock system and/or blood and urine testing as provided in § 31-27-2.8
for a period of six (6)
11
months
.
12
(ii) Every person convicted of a first violation whose blood alcohol concentration is one-
13
tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent
14
(.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less than
15
one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required to
16
perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for
17
up to one year. The sentence may be served in any unit of the adult correctional institutions in the
18
discretion of the sentencing judge. The person’s driving license shall be suspended for a period of
19
three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special
20
course on driving while intoxicated or under the influence of a controlled substance and/or
21
alcoholic or drug treatment for the individual; provided, however, that the court may permit a
22
servicemember or veteran to complete any court-approved counseling program administered or
23
approved by the Veterans’ Administration. The sentencing judge or magistrate
may

shall
prohibit
24
that person from operating a motor vehicle that is not equipped with an ignition interlock system
25
and/or blood and urine testing
as provided in § 31-27-2.8
for a period of not less than six (6) months
26
and up to a period of twenty-four (24) months
.
27
(iii) Every person convicted of a first offense whose blood alcohol concentration is fifteen
28
hundredths of one percent (.15%) or above, or who is under the influence of a drug, toluene, or any
29
controlled substance as defined in subsection (b)(1), shall be subject to a fine of five hundred dollars
30
($500) and shall be required to perform twenty (20) to sixty (60) hours of public community
31
restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit
32
of the adult correctional institutions in the discretion of the sentencing judge. The person’s driving
33
license shall be suspended for a period of three (3) months to eighteen (18) months. The sentencing
34
judge shall require attendance at a special course on driving while intoxicated or under the influence

LC004724 - Page 3 of 22
1
of a controlled substance and/or alcohol or drug treatment for the individual; provided, however,
2
that the court may permit a servicemember or veteran to complete any court-approved counseling
3
program administered or approved by the Veterans’ Administration. The sentencing judge or
4
magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9)
5
or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and
6
urine testing as provided in § 31-27-2.8
for a period of not less than nine (9) months and up to a
7
period of twenty-four (24) months
.
8
(2)(i) Every person convicted of a second violation within a ten-year (10) period with a
9
blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than
10
fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown, or
11
who has a blood presence of any controlled substance as defined in chapter 28 of title 21, and every
12
person convicted of a second violation within a ten-year (10) period, regardless of whether the prior
13
violation and subsequent conviction was a violation and subsequent conviction under this statute
14
or under the driving under the influence of liquor or drugs statute of any other state, shall be subject
15
to a mandatory fine of four hundred dollars ($400). The person’s driving license shall be suspended
16
for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten
17
(10) days, nor more than one year, in jail. The sentence may be served in any unit of the adult
18
correctional institutions in the discretion of the sentencing judge; however, not less than forty-eight
19
(48) hours of imprisonment shall be served consecutively. The sentencing judge shall require
20
alcohol or drug treatment for the individual; provided, however, that the court may permit a
21
servicemember or veteran to complete any court-approved counseling program administered or
22
approved by the Veterans’ Administration and shall prohibit that person from operating a motor
23
vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition
24
interlock system and/or blood and urine testing as provided in § 31-27-2.8
for a period of not less
25
than twelve (12) months and up to a period of twenty-four (24) months
.
26
(ii) Every person convicted of a second violation within a ten-year (10) period whose blood
27
alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight as shown by
28
a chemical analysis of a blood, breath, or urine sample, or who is under the influence of a drug,
29
toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to mandatory
30
imprisonment of not less than six (6) months, nor more than one year; a mandatory fine of not less
31
than one thousand dollars ($1,000); and a mandatory license suspension for a period of two (2)
32
years from the date of completion of the sentence imposed under this subsection. The sentencing
33
judge shall require alcohol or drug treatment for the individual; provided, however, that the court
34
may permit a servicemember or veteran to complete any court approved counseling program

LC004724 - Page 4 of 22
1
administered or approved by the Veterans’ Administration. The sentencing judge or magistrate
2
shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10)
3
of this section, that is not equipped with an ignition interlock system and/or blood and urine testing
4
as provided in § 31-27-2.8
for a period of not less than eighteen (18) months and up to a period of
5
twenty-four (24) months
.
6
(3)(i) Every person convicted of a third or subsequent violation within a ten-year (10)
7
period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above,
8
but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is
9
unknown or who has a blood presence of any scheduled controlled substance as defined in chapter
10
28 of title 21, regardless of whether any prior violation and subsequent conviction was a violation
11
and subsequent conviction under this statute or under the driving under the influence of liquor or
12
drugs statute of any other state, shall be guilty of a felony and be subject to a mandatory fine of
13
four hundred ($400) dollars. The person’s driving license shall be suspended for a period of two
14
(2) years to three (3) years, and the individual shall be sentenced to not less than one year and not
15
more than three (3) years in jail. The sentence may be served in any unit of the adult correctional
16
institutions in the discretion of the sentencing judge; however, not less than forty-eight (48) hours
17
of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug
18
treatment for the individual; provided, however, that the court may permit a servicemember or
19
veteran to complete any court-approved counseling program administered or approved by the
20
Veterans’ Administration, and shall prohibit that person from operating a motor vehicle, pursuant
21
to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system
22
and/or blood and urine testing as provided in § 31-27-2.8
for a period of not less than twelve (12)
23
months and up to a period of forty-eight (48) months
.
24
(ii) Every person convicted of a third or subsequent violation within a ten-year (10) period
25
whose blood alcohol concentration is fifteen hundredths of one percent (.15%) or above by weight
26
as shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence
27
of a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to
28
mandatory imprisonment of not less than three (3) years, nor more than five (5) years; a mandatory
29
fine of not less than one thousand dollars ($1,000), nor more than five thousand dollars ($5,000);
30
and a mandatory license suspension for a period of three (3) years from the date of completion of
31
the sentence imposed under this subsection. The sentencing judge shall require alcohol or drug
32
treatment for the individual. The sentencing judge or magistrate shall prohibit that person from
33
operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not
34
equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-

LC004724 - Page 5 of 22
1
2.8
for twenty-four (24) to forty-eight (48) months
.
2
(iii) In addition to the foregoing penalties, every person convicted of a third or subsequent
3
violation within a ten-year (10) period, regardless of whether any prior violation and subsequent
4
conviction was a violation and subsequent conviction under this statute or under the driving under
5
the influence of liquor or drugs statute of any other state, shall be subject, in the discretion of the
6
sentencing judge, to having the vehicle owned and operated by the violator seized and sold by the
7
state of Rhode Island, with all funds obtained by the sale to be transferred to the general fund.
8
(4) Whoever drives or otherwise operates any vehicle in the state while under the influence
9
of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of
10
title 21, or any combination of these, when his or her license to operate is suspended, revoked, or
11
cancelled for operating under the influence of a narcotic drug or intoxicating liquor, shall be guilty
12
of a felony punishable by imprisonment for not more than three (3) years and by a fine of not more
13
than three thousand dollars ($3,000). The court shall require alcohol and/or drug treatment for the
14
individual; provided, the penalties provided for in this subsection (d)(4) shall not apply to an
15
individual who has surrendered his or her license and served the court-ordered period of suspension,
16
but who, for any reason, has not had his or her license reinstated after the period of suspension,
17
revocation, or suspension has expired; provided, further, the individual shall be subject to the
18
provisions of subsection (d)(2)(i), (d)(2)(ii), (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) regarding subsequent
19
offenses, and any other applicable provision of this section.
20
(5)(i) For purposes of determining the period of license suspension, a prior violation shall
21
constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1.
22
(ii) Any person over the age of eighteen (18) who is convicted under this section for
23
operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of
24
these, while a child under the age of thirteen (13) years was present as a passenger in the motor
25
vehicle when the offense was committed shall be subject to immediate license suspension pending
26
prosecution. Any person convicted of violating this section shall be guilty of a misdemeanor for a
27
first offense and may be sentenced to a term of imprisonment of not more than one year and a fine
28
not to exceed one thousand dollars ($1,000). Any person convicted of a second or subsequent
29
offense shall be guilty of a felony offense and may be sentenced to a term of imprisonment of not
30
more than five (5) years and a fine not to exceed five thousand dollars ($5,000). The sentencing
31
judge shall also order a license suspension of up to two (2) years, require attendance at a special
32
course on driving while intoxicated or under the influence of a controlled substance, and alcohol
33
or drug education and/or treatment. The individual may also be required to pay a highway
34
assessment fee of no more than five hundred dollars ($500) and the assessment shall be deposited

LC004724 - Page 6 of 22
1
in the general fund.
2
(6)(i) Any person convicted of a violation under this section shall pay a highway
3
assessment fine of five hundred dollars ($500) that shall be deposited into the general fund. The
4
assessment provided for by this subsection shall be collected from a violator before any other fines
5
authorized by this section.
6
(ii) Any person convicted of a violation under this section shall be assessed a fee of eighty-
7
six dollars ($86).
8
(7)(i) If the person convicted of violating this section is under the age of eighteen (18)
9
years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of
10
public community restitution and the juvenile’s driving license shall be suspended for a period of
11
six (6) months, and may be suspended for a period up to eighteen (18) months.
The sentencing
12
judge or magistrate shall prohibit the person from operating a motor vehicle that is not equipped
13
with an ignition interlock system and/or blood and urine testing as provided in § 31-27-2.8 for a
14
period of twelve (12) months.
The sentencing judge shall also require attendance at a special course
15
on driving while intoxicated or under the influence of a controlled substance and alcohol or drug
16
education and/or treatment for the juvenile. The juvenile may also be required to pay a highway
17
assessment fine of no more than five hundred dollars ($500) and the assessment imposed shall be
18
deposited into the general fund.
19
(ii) If the person convicted of violating this section is under the age of eighteen (18) years,
20
for a second or subsequent violation regardless of whether any prior violation and subsequent
21
conviction was a violation and subsequent conviction under this statute or under the driving under
22
the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory
23
suspension of his or her driving license until such time as he or she is twenty-one (21) years of age
24
and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training
25
school for a period of not more than one year and/or a fine of not more than five hundred dollars
26
($500).
The sentencing judge or magistrate shall prohibit the person from operating a motor vehicle
27
that is not equipped with an ignition interlock system and/or blood and urine testing as provided in
28
§ 31-27-2.8 for a period of twenty-four (24) months.
29
(8) Any person convicted of a violation under this section may undergo a clinical
30
assessment at the community college of Rhode Island’s center for workforce and community
31
education. Should this clinical assessment determine problems of alcohol, drug abuse, or
32
psychological problems associated with alcoholic or drug abuse, this person shall be referred to an
33
appropriate facility, licensed or approved by the department of behavioral healthcare,
34
developmental disabilities and hospitals, for treatment placement, case management, and

LC004724 - Page 7 of 22
1
monitoring. In the case of a servicemember or veteran, the court may order that the person be
2
evaluated through the Veterans’ Administration. Should the clinical assessment determine
3
problems of alcohol, drug abuse, or psychological problems associated with alcohol or drug abuse,
4
the person may have their treatment, case management, and monitoring administered or approved
5
by the Veterans’ Administration.
6
(9) Notwithstanding any other sentencing and disposition provisions contained in this
7
chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was
8
operating a vehicle in the state while under the influence of drugs, toluene, or any controlled
9
substance as evidenced by the presence of controlled substances on or about the person or vehicle,
10
or other reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a
11
preliminary breath test, results from a breathalyzer that indicates no blood alcohol concentration,
12
or both, the judge or magistrate may exercise his or her discretion and eliminate the requirement of
13
an ignition interlock system; provided, that blood and/or urine testing is mandated as a condition
14
to operating a motor vehicle as provided in § 31-27-2.8
for a period of not less than six (6) months
15
and up to a period of twenty-four (24) months
.
16
(10) Notwithstanding any other sentencing and disposition provisions contained in this
17
chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was
18
operating a vehicle in the state while under the influence of drugs, toluene, or any controlled
19
substance as evidenced by the presence of controlled substances on or about the person or vehicle,
20
or other reliable indicia or articulable conditions thereof and intoxicating liquor based on a
21
preliminary breath test, results from a breathalyzer that indicates blood alcohol concentration, or
22
both, the judge or magistrate
may

shall
require an ignition interlock system in addition to blood
23
and/or urine testing as a condition to operating a motor vehicle as provided in § 31-27-2.8.
The
24
ignition interlock system and blood and/or urine testing requirements shall be for a period of time
25
as mandated in subsections (d)(1)(i), (d)(1)(ii), (d)(1)(iii), (d)(2)(i), (d)(2)(ii), (d)(3)(i) and (d)(3)(ii)
26
of this section
27
(e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per
28
one hundred cubic centimeters (100 cc) of blood.
29
(f)(1) There is established an alcohol and drug safety unit within the division of motor
30
vehicles to administer an alcohol safety action program. The program shall provide for placement
31
and follow-up for persons who are required to pay the highway safety assessment. The alcohol and
32
drug safety action program will be administered in conjunction with alcohol and drug programs
33
licensed by the department of behavioral healthcare, developmental disabilities and hospitals.
34
(2) Persons convicted under the provisions of this chapter shall be required to attend a

LC004724 - Page 8 of 22
1
special course on driving while intoxicated or under the influence of a controlled substance, and/or
2
participate in an alcohol or drug treatment program, which course and programs must meet the
3
standards established by the Rhode Island department of behavioral healthcare, developmental
4
disabilities and hospitals; provided, however, that the court may permit a servicemember or veteran
5
to complete any court-approved counseling program administered or approved by the Veterans’
6
Administration. The course shall take into consideration any language barrier that may exist as to
7
any person ordered to attend, and shall provide for instruction reasonably calculated to
8
communicate the purposes of the course in accordance with the requirements of the subsection.
9
Any costs reasonably incurred in connection with the provision of this accommodation shall be
10
borne by the person being retrained. A copy of any violation under this section shall be forwarded
11
by the court to the alcohol and drug safety unit. In the event that persons convicted under the
12
provisions of this chapter fail to attend and complete the above course or treatment program, as
13
ordered by the judge, then the person may be brought before the court, and after a hearing as to
14
why the order of the court was not followed, may be sentenced to jail for a period not exceeding
15
one year.
16
(3) The alcohol and drug safety action program within the division of motor vehicles shall
17
be funded by general revenue appropriations.
18
(g) The director of the department of health is empowered to make and file with the
19
secretary of state regulations that prescribe the techniques and methods of chemical analysis of the
20
person’s body fluids or breath and the qualifications and certification of individuals authorized to
21
administer this testing and analysis.
22
(h) Jurisdiction for misdemeanor violations of this section shall be with the district court
23
for persons eighteen (18) years of age or older and to the family court for persons under the age of
24
eighteen (18) years. The courts shall have full authority to impose any sentence authorized and to
25
order the suspension of any license for violations of this section. Trials in superior court are not
26
required to be scheduled within thirty (30) days of the arraignment date.
27
(i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on
28
driving while intoxicated or under the influence of a controlled substance, public community
29
restitution, or jail provided for under this section can be suspended.
30
(j) An order to attend a special course on driving while intoxicated, that shall be
31
administered in cooperation with a college or university accredited by the state, shall include a
32
provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars
33
($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into
34
the general fund.

LC004724 - Page 9 of 22
1
(k) For the purposes of this section, any test of a sample of blood, breath, or urine for the
2
presence of alcohol that relies in whole or in part upon the principle of infrared light absorption is
3
considered a chemical test.
4
(l) If any provision of this section, or the application of any provision, shall for any reason
5
be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the
6
section, but shall be confined in this effect to the provision or application directly involved in the
7
controversy giving rise to the judgment.
8
(m) For the purposes of this section, “servicemember” means a person who is presently
9
serving in the armed forces of the United States, including the Coast Guard, a reserve component
10
thereof, or the National Guard. “Veteran” means a person who has served in the armed forces,
11
including the Coast Guard of the United States, a reserve component thereof, or the National Guard,
12
and has been discharged under other than dishonorable conditions.
13

(n) In addition to any other fines and highway assessments, any person found in violation
14
of this section shall pay a one hundred dollar ($100) assessment to the ignition interlock system
15
fund established in § 31-27-2.10.
16

31-27-2.1. Refusal to submit to chemical test.
17
(a) Any person who operates a motor vehicle within this state shall be deemed to have
18
given his or her consent to chemical tests of his or her breath, blood, saliva and/or urine for the
19
purpose of determining the chemical content of his or her body fluids or breath. No more than two
20
(2) complete tests, one for the presence of intoxicating liquor and one for the presence of toluene
21
or any controlled substance, as defined in § 21-28-1.02, shall be administered at the direction of a
22
law enforcement officer having reasonable grounds to believe the person to have been driving a
23
motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any
24
controlled substance, as defined in chapter 28 of title 21, or any combination of these. The director
25
of the department of health is empowered to make and file, with the secretary of state, regulations
26
that prescribe the techniques and methods of chemical analysis of the person’s body fluids or breath
27
and the qualifications and certification of individuals authorized to administer the testing and
28
analysis.
29
(b) If a person, for religious or medical reasons, cannot be subjected to blood tests, the
30
person may file an affidavit with the division of motor vehicles stating the reasons why he or she
31
cannot be required to take blood tests and a notation to this effect shall be made on his or her
32
license. If that person is asked to submit to chemical tests as provided under this chapter, the person
33
shall only be required to submit to chemical tests of his or her breath, saliva or urine. When a person
34
is requested to submit to blood tests, only a physician or registered nurse, or a medical technician

LC004724 - Page 10 of 22
1
certified under regulations promulgated by the director of the department of health, may withdraw
2
blood for the purpose of determining the alcoholic content in it. This limitation shall not apply to
3
the taking of breath, saliva or urine specimens. The person tested shall be permitted to have a
4
physician of his or her own choosing, and at his or her own expense, administer chemical tests of
5
his or her breath, blood, saliva and/or urine in addition to the tests administered at the direction of
6
a law enforcement officer. If a person, having been placed under arrest, refuses upon the request of
7
a law enforcement officer to submit to the tests, as provided in § 31-27-2, none shall be given.
8
(1) At the initial traffic tribunal appearance, the magistrate shall review the incident, action,
9
and/or arrest reports submitted by the law enforcement officer to determine if there exists
10
reasonable grounds to believe that the person had been driving a motor vehicle while under the
11
influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of
12
title 21, or any combination thereof. The magistrate shall also determine if the person had been
13
informed of the penalties incurred as a result of failing to submit to a chemical test as provided in
14
this section and that the person had been informed of the implied consent notice contained in
15
subsection (c)(10) of this section. For the purpose of this subsection only, “driving a motor vehicle
16
while under the influence of any controlled substance as defined in chapter 28 of title 21” shall be
17
indicated by the presence or aroma of a controlled substance on or about the person or vehicle of
18
the individual refusing the chemical test or other reliable indicia or articulable conditions that the
19
person was impaired due to their intake of a controlled substance.
20
(2) If the magistrate determines that subsection (b)(1) of this section has been satisfied they
21
shall promptly order that the person’s operator’s license or privilege to operate a motor vehicle in
22
this state be immediately suspended. Said suspension shall be subject to the hardship provisions
23
enumerated in § 31-27-2.8.
24
(c) A traffic tribunal judge or magistrate, or a district court judge or magistrate, pursuant
25
to the terms of subsection (d) of this section, shall order as follows:
26
(1) Impose, for the first violation, a fine in the amount of two hundred dollars ($200) to
27
five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of
28
public community restitution. The person’s driving license in this state shall be suspended for a
29
period of six (6) months to one year. The traffic tribunal judge or magistrate shall require attendance
30
at a special course on driving while intoxicated or under the influence of a controlled substance
31
and/or alcohol or drug treatment for the individual.
The

Following the initial suspension of the
32
person's operator's license, the
traffic tribunal judge or magistrate
may

shall
prohibit that person
33
from operating a motor vehicle that is not equipped with an ignition interlock system and/or blood
34
and urine testing as provided in § 31-27-2.8
for a period of not less than six (6) months and for up

LC004724 - Page 11 of 22
1
to a period of twelve (12) months
.
2
(2) Every person convicted of a second violation within a ten-year (10) period, except with
3
respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; shall be
4
imprisoned for not more than six (6) months; shall pay a fine in the amount of six hundred dollars
5
($600) to one thousand dollars ($1,000); perform sixty (60) to one hundred (100) hours of public
6
community restitution; and the person’s driving license in this state shall be suspended for a period
7
of one year to two (2) years. The judge or magistrate shall require alcohol and/or drug treatment
8
for the individual.
The

Following the initial suspension of the person's operator's license, the

9
sentencing judge or magistrate shall prohibit that person from operating a motor vehicle that is not
10
equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-
11
2.8
for a period of not less than twelve (12) months and for up to a period of forty-eight (48) months
.
12
(3) Every person convicted for a third or subsequent violation within a ten-year (10) period,
13
except with respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor;
14
and shall be imprisoned for not more than one year; fined eight hundred dollars ($800) to one
15
thousand dollars ($1,000); shall perform not less than one hundred (100) hours of public community
16
restitution; and the person’s operator’s license in this state shall be suspended for a period of two
17
(2) years to five (5) years.
The

Following the initial suspension of the person's operator's license,
18
the
sentencing judge or magistrate shall prohibit that person from operating a motor vehicle that is
19
not equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-
20
27-2.8
for a period of not less than twenty-four (24) months and for up to a period of one hundred
21
twenty (120) months
. The judge or magistrate shall require alcohol or drug treatment for the
22
individual. Provided, that prior to the reinstatement of a license to a person charged with a third or
23
subsequent violation within a three-year (3) period, a hearing shall be held before a judge or
24
magistrate. At the hearing, the judge or magistrate shall review the person’s driving record, his or
25
her employment history, family background, and any other pertinent factors that would indicate
26
that the person has demonstrated behavior that warrants the reinstatement of his or her license.
27
(4) For a second violation within a ten-year (10) period with respect to a case of a refusal
28
to submit to a blood test, a fine in the amount of six hundred dollars ($600) to one thousand dollars
29
($1,000); the person shall perform sixty (60) to one hundred (100) hours of public community
30
restitution; and the person’s driving license in this state shall be suspended for a period of two (2)
31
years. The judicial officer shall require alcohol and/or drug treatment for the individual.
The

32
Following the initial suspension of the person's operator's license, the
sentencing judicial officer
33
shall prohibit that person from operating a motor vehicle that is not equipped with an ignition
34
interlock system as provided in § 31-27-2.8. Such a violation with respect to refusal to submit to a

LC004724 - Page 12 of 22
1
chemical blood test shall be a civil offense
for a period of not less than twelve (12) months and up
2
to a period of twenty-four (24) months
.
3
(5) For a third or subsequent violation within a ten-year (10) period with respect to a case
4
of a refusal to submit to a blood test, a fine in the amount of eight hundred dollars ($800) to one
5
thousand dollars ($1,000); the person shall perform not less than one hundred (100) hours of public
6
community restitution; and the person’s driving license in this state shall be suspended for a period
7
of two (2) to five (5) years.
The

Following the initial suspension of the person's operator's license,
8
the
sentencing judicial officer shall prohibit that person from operating a motor vehicle that is not
9
equipped with an ignition interlock system as provided in § 31-27-2.8
for a period of forty-eight
10
(48) months
. The judicial officer shall require alcohol and/or drug treatment for the individual.
11
Such a violation with respect to refusal to submit to a chemical test of blood shall be a civil offense.
12
Provided, that prior to the reinstatement of a license to a person charged with a third or subsequent
13
violation within a three-year (3) period, a hearing shall be held before a judicial officer. At the
14
hearing, the judicial officer shall review the person’s driving record, his or her employment history,
15
family background, and any other pertinent factors that would indicate that the person has
16
demonstrated behavior that warrants the reinstatement of their license.
17
(6) For purposes of determining the period of license suspension, a prior violation shall
18
constitute any charge brought and sustained under the provisions of this section or § 31-27-2.
19
(7) In addition to any other fines, a highway safety assessment of five hundred dollars
20
($500) shall be paid by any person found in violation of this section, the assessment to be deposited
21
into the general fund. The assessment provided for by this subsection shall be collected from a
22
violator before any other fines authorized by this section.
23
(8) In addition to any other fines and highway safety assessments, a two-hundred-dollar
24
($200) assessment shall be paid by any person found in violation of this section to support the
25
department of health’s chemical testing programs outlined in §§ 31-27-2(f) and 31-27-2(g), that
26
shall be deposited as general revenues, not restricted receipts.
27
(9) No fines, suspensions, assessments, alcohol or drug treatment programs, course on
28
driving while intoxicated or under the influence of a controlled substance, or public community
29
restitution provided for under this section can be suspended.
30
(10) Implied consent notice for persons eighteen (18) years of age or older: “Rhode Island
31
law requires you to submit to a chemical test of your blood, breath, saliva, or urine for the purpose
32
of determining the chemical content of your body fluids or breath. If you refuse this testing, certain
33
penalties can be imposed and include the following: for a first offense, your Rhode Island driver’s
34
license or privilege to operate a motor vehicle in this state can be suspended for six (6) months to

LC004724 - Page 13 of 22
1
one year or modified to permit operation in connection with an ignition interlock device and/or
2
blood and urine testing for a period specified by law; a fine from two hundred dollars ($200) to five
3
hundred dollars ($500) can be imposed; and you can be ordered to perform ten (10) to sixty (60)
4
hours of community service and attend a special course on driving while intoxicated or under the
5
influence of a controlled substance and/or alcohol or drug treatment.
You shall pay a one hundred
6
dollar ($100) assessment to the ignition interlock system fund.
If you have had one or more previous
7
offenses within the past ten (10) years, your refusal to submit to a chemical test of breath or urine
8
at this time can have criminal penalties, including incarceration up to six (6) months for a second
9
offense and up to one year for a third or subsequent offense, and can carry increased license
10
suspension
or

and a mandatory
ignition interlock and/or blood and urine testing periods, fines, and
11
community service. All violators shall pay a five hundred dollar ($500) highway safety assessment
12
fee, a two hundred dollar ($200) department of health chemical testing programs assessment fee,
13
and a license reinstatement fee. Refusal to submit to a chemical test of blood shall not subject you
14
to criminal penalties for the refusal itself, but if you have one or more previous offenses other civil
15
penalties may increase. You have the right to be examined at your own expense by a physician
16
selected by you. If you submit to a chemical test at this time, you have the right to have an additional
17
chemical test performed at your own expense. You will be afforded a reasonable opportunity to
18
exercise these rights. Access to a telephone will be made available for you to make those
19
arrangements. You may now use a telephone.”
20
Use of this implied consent notice shall serve as evidence that a person’s consent to a
21
chemical test is valid in a prosecution involving driving under the influence of liquor, controlled
22
substances, and/or drugs.
23

(11) In addition to any other fines and highway assessments, any person found in violation
24
of this section shall pay a one hundred dollar ($100) assessment to the ignition interlock system
25
fund established in § 31-27-2.10.
26
(d) Upon suspending or refusing to issue a license or permit as provided in subsection (a),
27
the traffic tribunal or district court shall immediately notify the person involved in writing, and
28
upon his or her request, within fifteen (15) days, afford the person an opportunity for a hearing as
29
early as practical upon receipt of a request in writing. Upon a hearing, the judge may administer
30
oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books
31
and papers. If the judge finds after the hearing that:
32
(1) The law enforcement officer making the sworn report had reasonable grounds to believe
33
that the arrested person had been driving a motor vehicle within this state while under the influence
34
of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or

LC004724 - Page 14 of 22
1
any combination of these;
2
(2) The person, while under arrest, refused to submit to the tests upon the request of a law
3
enforcement officer;
4
(3) The person had been informed of his or her rights in accordance with § 31-27-3; and
5
(4) The person had been informed of the penalties contained in the implied consent notice
6
set forth in subsection (c)(10) of this section, the judge shall sustain the violation. The judge shall
7
then impose the penalties set forth in subsection (c) of this section. Action by the judge must be
8
taken within seven (7) days after the hearing or it shall be presumed that the judge has refused to
9
issue his or her order of suspension.
10
(e) For the purposes of this section, any test of a sample of blood, breath, or urine for the
11
presence of alcohol that relies, in whole or in part, upon the principle of infrared light absorption is
12
considered a chemical test.
13
(f) If any provision of this section, or the application of any provision, shall, for any reason,
14
be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the section,
15
but shall be confined in this effect to the provisions or application directly involved in the
16
controversy giving rise to the judgment.
17

31-27-2.8. Ignition interlock system and/or blood and urine testing imposed as a part
18
of sentence — Requirements.
19
(a) Any person subject to suspension pursuant to §§ 31-27-2.1(b)(1) and 31-27-2.1(b)(2)
20
or convicted under the provisions of § 31-27-2(d)(1), § 31-27-2(d)(2), § 31-27-2(d)(3)(i), or § 31-
21
27-2(d)(3)(ii), or whose violation is sustained under the provisions of §§ 31-27-2.1(b)(1) and 31-
22
27-2.1(b)(2),
may

shall
be prohibited by the sentencing judge or magistrate from operating a motor
23
vehicle that is not equipped with an ignition interlock system
as provided by law
, and/or blood and
24
urine testing by a licensed physician with knowledge and clinical experience in the diagnosis and
25
treatment of drug-related disorders, a licensed or certified psychologist, social worker, or EAP
26
professional with like knowledge, or a substance abuse counselor certified by the National
27
Association of Alcohol and Drug Abuse Counselors (all of whom shall be licensed in Rhode
28
Island), pursuant to this section.
29
(1) Notwithstanding any other sentencing and disposition provisions contained in this
30
chapter, if a Rhode Island traffic tribunal magistrate makes a finding that a motorist was operating
31
a vehicle in the state while under the influence of drugs, toluene, or any controlled substance as
32
evidenced by the presence of controlled substances on or about the person or vehicle, or other
33
reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a preliminary
34
breath test, results from a breathalyzer that indicates no blood alcohol concentration or both, the

LC004724 - Page 15 of 22
1
magistrate may exercise his or her discretion and eliminate the requirement of an ignition interlock
2
system; provided, that blood and/or urine testing is mandated as a condition to operating a motor
3
vehicle as provided in this section
and as provided in §§ 31-27-2 and 31-27-2.1
.
4
(2) Notwithstanding any other sentencing and disposition provisions contained in this
5
chapter, if a Rhode Island traffic tribunal magistrate makes a finding that a motorist was operating
6
a vehicle in the state while under the influence of drugs, toluene, or any controlled substance as
7
evidenced by the presence of controlled substances on or about the person or vehicle, or other
8
reliable indicia or articulable conditions thereof and intoxicating liquor based on a preliminary
9
breath test, results from a breathalyzer that indicates blood alcohol concentration or both, the
10
magistrate may require an ignition interlock system in addition to blood and/or urine testing as a
11
condition to operating a motor vehicle as provided in this section
and as provided in §§ 31-27-2
12
and 31-27-2.1
.
13
(b) Notwithstanding any other provisions contained in this chapter, any mandatory period
14
of license suspension shall, upon request, be reduced by the imposition of an ignition interlock
15
system and/or blood and urine testing ordered by the court or traffic tribunal as follows:
16
(1) For a violation of § 31-27-2(d)(1), a person shall be subject to a minimum thirty-day
17
(30) license suspension and an imposition of an ignition interlock system and/or blood and urine
18
testing for
three (3) months to one year

the period provided in § 31-27-2(d)(1)
.
19
(2) For a violation of § 31-27-2.1(c)(1), a person shall be subject to a minimum thirty-day
20
(30) license suspension and an imposition of an ignition interlock system and/or blood and urine
21
testing for
a

the
period
of six (6) months to two (2) years

provided in § 31-27-2.1(c)(1)
.
22
(3) For a violation of § 31-27-2(d)(2), a person shall be subject to a minimum forty-five-
23
day (45) license suspension and an imposition of an ignition interlock system and/or blood and
24
urine testing for
a

the
period
of six (6) months to two (2) years

provided in § 31-27-2(d)(2)
.
25
(4) For a violation of § 31-27-2.1(c)(2), a person shall be subject to a minimum sixty-day
26
(60) license suspension and an imposition of an ignition interlock system and/or blood and urine
27
testing for
a

the
period
of one to four (4) years

provided in § 31-27-2.1(c)(2)
.
28
(5) For a violation of § 31-27-2(d)(3), a person shall be subject to a minimum sixty-day
29
(60) license suspension and imposition of an ignition interlock system and/or blood and urine
30
testing for
a

the
period
of one to four (4) years

provided in § 31-27-2(d)(3)
.
31
(6) For a violation of § 31-27-2.1(c)(3), a person shall be subject to a minimum ninety-day
32
(90) license suspension and imposition of an ignition interlock system and/or blood and urine
33
testing for
a

the
period
of two (2) to ten (10) years

provided in § 31-27-2.1(c)(3)
.
34
(7) No license suspension shall be subject to more than a thirty-day (30) license suspension

LC004724 - Page 16 of 22
1
based solely upon the imposition of an ignition interlock system.
2
(i) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or upon
3
an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or determination
4
that the motorist was under the influence of intoxicating liquor only, the magistrate shall, upon
5
request, immediately grant a conditional hardship license after a finding of need pursuant to this
6
section and upon proof of the installation of an ignition interlock device.
7
(ii) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or
8
upon an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or
9
determination that the motorist was under the influence of drugs, toluene, or a controlled substance,
10
but not intoxicating liquor, the judge or magistrate shall, upon request immediately grant a
11
conditional hardship license after a finding of need pursuant to this section and upon proof of blood
12
and urine testing pursuant to this section.
13
(iii) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or
14
upon an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or
15
determination that the motorist was under the influence of intoxicating liquor, toluene, a controlled
16
substance, or any combination thereof, the magistrate shall, upon request immediately grant a
17
conditional hardship license after a finding of need pursuant to this section and upon proof of the
18
installation of an ignition interlock device, subject also to the following testing:
19
(A) The testing of either blood or urine is being performed by or monitored by a licensed
20
physician with knowledge and clinical experience in the diagnosis and treatment of drug-related
21
disorders, a licensed or certified psychologist, social worker, or EAP professional with like
22
knowledge, or a substance abuse counselor certified by the National Association of Alcohol and
23
Drug Abuse Counselors (all of whom shall be licensed in Rhode Island).
24
(B) The motorist is required to pay for the substance abuse professional, any testing,
25
retesting, monitoring, and reporting costs of the blood and urine testing.
26
(C) Samples are to be collected, tested and confirmed by a federally certified laboratory by
27
means of gas chromatography/mass spectrometry or technology recognized as being at least as
28
scientifically accurate.
29
(D) Samples are to be taken weekly for the first sixty (60) days, thereafter in accordance
30
with the recommendation of the substance abuse professional. The samples taken thereafter may
31
be ordered randomly, but must be provided by the motorist within twenty-four (24) hours of the
32
request. The substance abuse professional shall report to the department of the attorney general
33
within twenty-four (24) hours any failure by the motorist to comply with a request for a sample.
34
(E) A positive test of urine or blood that evidences any controlled substances shall be

LC004724 - Page 17 of 22
1
reported by the substance abuse professional to the motorist and to the department of the attorney
2
general within twenty-four (24) hours of receipt of the results. The motorist may, at his or her own
3
expense, have an opportunity to have the sample retested or reevaluated by an independent testing
4
facility which shall provide the result directly to the substance abuse professional. The attorney
5
general may request, at any time, a copy of any or all test results from the substance abuse
6
professional, who shall forward the requested results within forty-eight (48) hours.
7
(F) Upon completion of the license suspension, conditional hardship, ignition interlock and
8
substance abuse testing periods, a finalized report shall be presented to the department of motor
9
vehicles prior to any license reinstatement.
10
(G) If a judge or magistrate determines that a motorist either failed, without good cause, to
11
comply with a sample request or tested positive for any controlled substance, he or she may exercise
12
his or her discretion and revoke the conditional hardship license, extend the time period for the
13
ignition interlock system and/or substance abuse testing for an additional period of up to twelve
14
(12) months and/or impose an additional loss of license for up to twenty-four (24) months.
15
(H) A motorist who has failed, without good cause, to comply with a sample request or
16
tested positive for any controlled substance for a second time within twelve (12) months of the first
17
failure and/or positive test determination shall be guilty of a misdemeanor punishable by up to one
18
year imprisonment, or a fine of up to one thousand dollars ($1,000), or both.
19
(c) However, in any case where a motorist is convicted of an alcohol-related offense
20
pursuant to the provisions of this chapter, the judge or magistrate may exercise his or her discretion
21
in the granting of the hardship license by imposing up to a ninety (90) day loss of license prior to
22
any imposition of the hardship license. The hardship license shall be valid for twelve (12)
23
continuous hours per day for any valid reason approved in advance by the sentencing judge or
24
magistrate, which shall include employment, medical appointments, job training, schooling, or
25
religious purposes. The hardship license shall not be for less than twelve (12) continuous hours per
26
day.
A judicial officer shall have discretion to set the period for which a conditional hardship license
27
grant will last, but in no event will the granted period be less than thirty (30), days nor more than
28
the maximum period of ignition interlock installation or blood and/or urine testing as provided for
29
the specific violation.
A hardship license shall only be granted in conjunction with the installation
30
of an ignition interlock device and/or blood and urine testing. Any conditional driving privileges
31
must be set by the sentencing judge or magistrate after a hearing in which the motorist must provide
32
proof of employment status and hours of employment, or any other legitimate reasons justifying a
33
hardship license. These shall include, but not be limited to, any unemployment training, schooling,
34
medical appointments, therapy treatments, or any other valid requests set forth by sworn affidavit.

LC004724 - Page 18 of 22
1
Once said hardship period has concluded, the motorist must still be subject to the conditions of the
2
ignition interlock system and/or blood and urine testing as set forth under this section for the period
3
of time as directed by the court. Any individual who violates the requirements of this subsection
4
shall be subject to the penalties enumerated in § 31-11-18.1.
5
(d) Any person convicted of an offense of driving under the influence of liquor or drugs
6
resulting in death, § 31-27-2.2; driving under the influence of liquor or drugs resulting in serious
7
bodily injury, § 31-27-2.6; driving to endanger resulting in death, § 31-27-1; or driving to endanger
8
resulting in serious bodily injury, § 31-27-1.1; may, in addition to any other penalties provided by
9
law, be prohibited from operating a motor vehicle that is not equipped with an approved ignition
10
interlock system and/or blood and urine testing for one to five (5) years.
11
(e) Any person who operates a motor vehicle with a suspended license during the period
12
of suspension, and the reason for the suspension was due to a conviction of driving under the
13
influence of drugs or alcohol or a sustained violation or conviction of refusal to submit to a chemical
14
test, shall be subject to the further use of the ignition interlock system and/or blood and urine testing
15
for a period of six (6) months subsequent to the penalties enumerated in § 31-11-18.1.
16
(f) When the court orders the use of an ignition interlock system, the judge or magistrate
17
shall cause an appropriate notation to be made on the person’s record that clearly sets forth the
18
requirement for, and the period of the use of, the ignition interlock system.
19
(g) In addition to the requirements of subsection (f) of this section, the court or traffic
20
tribunal shall:
21
(1) Require proof of the installation of the ignition interlock system and periodic reporting
22
by the person for the purpose of verification of the proper operation of the ignition interlock system;
23
(2) Require the person to have the ignition interlock system monitored for the proper use
24
and accuracy by a person, firm, corporation, or other association to be approved by the division of
25
motor vehicles at least once every six (6) months, or more frequently as the circumstances may
26
require; and
27
(3) Require the person to pay the reasonable cost of leasing or buying, monitoring, and
28
maintenance of the ignition interlock system.
29
(4) The requirements under subsection (g) of this section shall be the responsibility of the
30
probation department or justice assistance, if the individual is under their control, or the division of
31
motor vehicles if the individual is not monitored as a condition of the individual’s plea or finding
32
of guilt.
33
(h) Any person granted a conditional hardship license upon proof of installation of an
34
ignition interlock device, may operate that motor vehicle during the entire twelve-hour (12) period

LC004724 - Page 19 of 22
1
of operation granted by the sentencing judge or magistrate including during the scope of the
2
person’s employment and/or any other valid reason approved by the sentencing judge or magistrate.
3
The sentencing judge or magistrate shall have discretion to determine which days of the week a
4
person granted a conditional hardship license may operate the motor vehicle.
5
(i) If a person is required, in the course of the person’s employment, to operate a motor
6
vehicle owned or provided by the person’s employer, the person may operate that motor vehicle in
7
the course of the person’s employment without installation of an ignition interlock system if the
8
court makes specific findings expressly permitting the person to operate, in the course of the
9
person’s employment, a motor vehicle that is not equipped with an ignition interlock system.
10
(j)(1) Any person subject to an ignition interlock order and/or blood and urine testing who
11
violates such order shall be guilty of a misdemeanor punishable by up to one year imprisonment,
12
or a fine of up to one thousand dollars ($1,000), or both.
13
(2) For a second violation within six (6) months from entry of the order, the person
14
violating the order shall be imprisoned for a term of not less than ten (10) days and not more than
15
one year.
16
(k) For the purposes of this subsection, a violation of the interlock order, includes, but is
17
not limited to:
18
(1) Altering, tampering, or in any way attempting to circumvent the operation of an ignition
19
interlock system that has been installed in the motor vehicle of a person under this section;
20
(2) Operating a motor vehicle that is not equipped with an ignition interlock system; or
21
(3) Soliciting or attempting to have another person start a motor vehicle equipped with an
22
ignition interlock system for the purpose of providing an operable motor vehicle to a person who
23
is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system.
24
(l) Any person who attempts to start, or starts, a motor vehicle equipped with an ignition
25
interlock system, tampers with, or in any way attempts to circumvent, the operation of an ignition
26
interlock system that has been installed in the motor vehicle for the purpose of providing an
27
operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not
28
equipped with an ignition interlock system, shall be guilty of a misdemeanor punishable by up to
29
one year imprisonment or a fine of up to one thousand dollars ($1,000), or both.
30

(m) Any ignition interlock system installed pursuant to the provisions of this chapter shall
31
be equipped with a camera in order to accurately identify the driver who provides a breath sample.
32
The provisions of subsections (k) and (l) of this section shall apply to the function of the camera,
33
and any blocking or moving of the camera as installed shall be considered a violation of subsection
34
(k)(1) of this section.

LC004724 - Page 20 of 22
1
SECTION 2. Chapter 31-27 of the General Laws entitled "Motor Vehicle Offenses" is
2
hereby amended by adding thereto the following section:
3

31-27-2.10. Ignition interlock system fund.

4

(a) This section shall be administered by the office of the general treasurer.
5

(b) The office of the general treasurer shall designate a program administrator and shall
6
promulgate rules and regulations in accordance with chapter 42 of title 35 ("administrative
7
procedures") necessary to carry out the purposes of this section.
8

(c) There is hereby created an ignition interlock system fund to be administered by the
9
office of the general treasurer to provide funding for indigent defendants as defined in § 12-15-8
10
who are required to comply with provisions of §§ 31-27-2, 31-27-2.1 and 31-27-2.8 relating to
11
ignition interlock systems and who are unable to pay for the system and qualify for such status by
12
showing proof of participation in a public assistance program including, but not limited to, the
13
following: Supplemental Nutritional Assistance Program (SNAP), Supplemental Social Security
14
Income (SSI), Low Income Home Energy Assistance Program (LIHEAP), Temporary Assistance
15
for Needy Families (TANF), Veterans Pension, and similar programs.
16
SECTION 3. This act shall take effect upon passage.
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LC004724 - Page 21 of 22
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES
***
1
This act would require that any person convicted of a charge of driving under the influence
2
or refusal to submit to a chemical test, have an ignition interlock system installed in their vehicle
3
as part of any sentence before being eligible for a license reinstatement. It would also establish an
4
ignition interlock system fund administered by the office of the general treasurer to provide funding
5
for indigent defendants.
6
This act would take effect upon passage.
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LC004724 - Page 22 of 22