AN ACT RELATING TO WATERS AND NAVIGATION -- ALCOHOL BOATING SAFETY ACT (Gives the Rhode Island traffic tribunal jurisdiction to hear first offense refusals to submit to a chemical test pursuant to the Alcohol Boating Safety Act.)

S3098

2026 -- S 3098
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LC006075
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO WATERS AND NAVIGATION -- ALCOHOL BOATING SAFETY ACT

Introduced By:
Senators LaMountain, Bissaillon, Tikoian, Famiglietti, Burke, and
McKenney

Date Introduced:
March 13, 2026

Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 46-22.2-5 of the General Laws in Chapter 46-22.2 entitled "Alcohol
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Boating Safety Act" is hereby amended to read as follows:
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46-22.2-5. Chemical tests for intoxication.
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(a) Any person who operates a watercraft in waters over which this state has jurisdiction
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impliedly consents to submit to the chemical test provisions of this chapter as a condition of
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operating a watercraft in this state.
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(b) A law enforcement officer having probable cause to believe that a person has committed
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an offense under this chapter shall offer the person the opportunity to submit to a chemical test. It
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is not necessary for the law enforcement officer to offer a chemical test to an unconscious person.
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A law enforcement officer may offer a person more than one chemical test under this chapter.
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However, all tests must be administered within three (3) hours after the officer had probable cause
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to believe the person violated this chapter. A person must submit to each chemical test offered by
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a law enforcement officer in order to comply with the implied consent provisions of this chapter.
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(c) If the chemical test results in relevant evidence, as defined in § 46-22.2-2(6) that the
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person is intoxicated, he or she may be arrested for an offense under this chapter. If the chemical
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test results in prima facie evidence as defined in § 46-22.2-2(5) that the person is intoxicated, he or
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she shall be arrested for an offense under this chapter.
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(d) Any person who refuses to submit to a chemical test may be arrested for an offense
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under this chapter.

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(e) At any proceeding under this chapter, a person’s refusal to submit to a chemical test is
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inadmissible into evidence as to intoxication, but may be used as evidence of refusal.
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(f) The provisions of § 31-27-2 concerning the certification and use of chemical breath tests
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apply to the use of such tests in a prosecution under this chapter.
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(g) For the purposes of this section, any test of a sample of blood, breath or urine for the
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presence of alcohol, which relies in whole or in part upon the principal of infrared light absorption,
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is considered a chemical test.
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(h) If a person for religious or medical reasons cannot be subjected to blood tests, and the
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person has filed an affidavit with the division of motor vehicles stating the reasons why he or she
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cannot be required to take blood tests, and a notation to that effect has been made on his or her
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license, and the license is presented to the law enforcement officer, the person, if asked to submit
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to chemical tests as provided under this chapter, shall only be required to submit to chemical tests
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of his or her urine. When a person is requested to submit to blood tests, only a physician or
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registered nurse or a medical technician certified under regulations promulgated by the director of
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the department of health may withdraw blood for the purpose of determining the alcoholic content
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in it. This limitation shall not apply to the taking of breath or urine specimens. The person tested
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shall be permitted to have a physician of his or her choosing and at his or her own expense
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administer chemical tests of his or her breath, blood and/or urine in addition to the tests
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administered at the discretion of a law enforcement officer.
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(i) If a person having been placed under arrest pursuant to this chapter refuses upon the
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request of a law enforcement officer to submit to a chemical test under this chapter, none shall be
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given, but a sentencing judge, upon receipt of a report of a law enforcement officer: that he or she
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had reasonable grounds to believe the arrested person had been operating or otherwise driving a
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watercraft in waters over which this state has jurisdiction while under the influence of intoxicating
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liquor, toluene, or any controlled substance, or any combination of these; that the person had been
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informed of his or her rights; that the person had been informed of the penalties incurred as a result
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of noncompliance with this section; and that the person had refused to submit to the test upon the
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request of a law enforcement officer; shall order as follows:
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(1) Impose for the first violation a fine of not less than three hundred dollars ($300) and
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order the person to perform ten (10) to sixty (60) hours of public community restitution. In addition,
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the person’s right to operate a watercraft shall be suspended for a period of one year. In addition,
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the sentencing judge may require the person to attend a department of environmental management
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endorsed boating safety course, and/or receive alcohol or drug treatment.
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(2) Every person convicted of a second violation within a five (5) year period shall be guilty

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of a misdemeanor, shall be imprisoned for not more than six (6) months, and shall pay a fine of not
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less than six hundred dollars ($600). In addition, the person’s right to operate a watercraft shall be
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suspended for a period of two (2) years. In addition, the sentencing judge may require the person
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to receive alcohol or drug treatment.
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(3) Every person convicted of a third or subsequent violation within a five (5) year period
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shall be guilty of a misdemeanor, shall be imprisoned for not more than one year, and shall pay a
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fine of not less than one thousand dollars ($1,000). In addition, the person’s right to operate a
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watercraft shall be suspended for a period of three (3) years. In addition, the sentencing judge may
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require the person to receive alcohol or drug treatment.
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(j) Jurisdiction for
violations

a first violation
of this section shall be with the
traffic tribunal,
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and jurisdiction for second and subsequent violations pursuant to subsection (i)(3) of this section
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shall be with the
district court for persons eighteen (18) years of age or older
and to the
. Jurisdiction
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shall be with the
family court for persons under the age of eighteen (18) years. The court shall have
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full authority to impose any sentence authorized and to order the suspension of the right to operate
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watercraft for violations of this section. All trials in the district court and family court of violations
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of the section shall be scheduled within thirty (30) days of the arraignment date. No continuance or
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postponement shall be granted except for good cause shown. Any continuances that are necessary
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shall be granted for the shortest practicable time. Trials in superior court are not required to be
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scheduled within thirty (30) days of the arraignment date.
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(k) In addition to any other fines, any person convicted of a violation under this section
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shall pay a boating safety assessment fine of five hundred dollars ($500), which shall be deposited
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into the general fund. The assessment fine provided for by this subsection shall be collected from
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a violator before any other fines authorized by this section.
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(l) In addition to any other fines and boating safety assessment fine, a two hundred dollars
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($200) assessment shall be paid by any person found in violation of this section to support the
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department of health’s chemical testing programs outlined in subsection 31-27-2(4), which shall be
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deposited as general revenues, not restricted receipts.
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(m) No fines, suspensions, assessments, alcohol or drug treatment programs, boating safety
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course, public community restitution, or jail provided for under this section can be suspended.
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SECTION 2. Section 8-8.2-2 of the General Laws in Chapter 8-8.2 entitled "Traffic
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Tribunal" is hereby amended to read as follows:
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8-8.2-2. Jurisdiction.
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(a) Notwithstanding any inconsistent provision of law, all probationary license hearings as
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provided in § 31-10-26, all violations of the department of transportation, department of

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environmental management or council on postsecondary education regulations regarding parking,
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standing, or stopping in areas under the jurisdiction of these agencies, all violations of state statutes
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relating to motor vehicles, littering, and traffic offenses, except those traffic offenses committed in
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places within the exclusive jurisdiction of the United States, and except driving so as to endanger
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resulting in death, driving so as to endanger resulting in personal injury, driving while under the
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influence of liquor or drugs, driving while under the influence of liquor or drugs resulting in death,
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driving while under the influence of liquor or drugs resulting in serious bodily injury, reckless
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driving and other offenses against public safety as provided in § 31-27-4, eluding a law enforcement
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officer with a motor vehicle in a high speed pursuit, driving after denial, suspension or revocation
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of license, and leaving the scene of an accident in violation of § 31-26-1 and § 31-26-2, and driving
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without the consent of the owner and possession of a stolen motor vehicle in violation of § 31-9-1
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and § 31-9-2, shall be heard and determined by the traffic tribunal pursuant to the regulations
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promulgated by the chief magistrate of the traffic tribunal; provided, however, the traffic tribunal
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shall not hear any parking, standing, or stopping violations that occur in any city or town that has
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established its own municipal court and has jurisdiction over such violations. Nothing contained
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herein shall abrogate the powers of the Rhode Island family court under the provisions of chapter
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1 of title 14.
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(b) Notwithstanding any inconsistent provision of law, the traffic tribunal shall have
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concurrent jurisdiction to hear and determine, pursuant to rules and regulations promulgated by the
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chief magistrate of the traffic tribunal, all violations of any ordinances, rules, and regulations
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governing the public waters and the speed, management, and control of all vessels and the size,
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type and location and use of all anchorages and moorings within the jurisdiction of the towns of
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North Kingstown, South Kingstown, Portsmouth, Middletown, Narragansett, and Tiverton
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enforced and supervised by the harbormaster and referred to the traffic tribunal, and the terms
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“traffic violations” and “traffic infraction” when used in this chapter shall include the aforesaid
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violations and the violations shall be adjudicated in accordance with the provisions of this chapter
,
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including first offense refusal to submit to a chemical test pursuant to § 46-22.2-5
. Nothing
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contained herein shall abrogate the powers of the Rhode Island coastal resources management
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council under the provisions of chapter 23 of title 46.
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(c) Notwithstanding any inconsistent provision of law, the traffic tribunal shall have
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jurisdiction to hear and determine, pursuant to rules and regulations promulgated by the chief
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magistrate of the Rhode Island traffic tribunal, all civil violations for §§ 20-1-12, 20-11-20, 20-13-
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16, 20-16-17, 23-22.5-9, 32-2-4, 21-28-4.01(c)(2)(iii), 21-28-4.01(c)(2)(iv), and 46-22-19(1) as set
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forth in § 42-17.10-1.

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(d) A party aggrieved by a final order of the traffic tribunal appeals panel shall be entitled
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to a review of the order by a judge of the district court. Unless otherwise provided in the rules of
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procedure of the district court, the review shall be on the record and appellate in nature. The district
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court shall by rules of procedure establish procedures for review of an order entered by the appeals
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panel of the traffic tribunal.
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(e) Violations of any statute, rule, ordinance, or regulation referenced in this section are
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subject to fines enumerated in § 31-41.1-4, except for violations of §§ 21-28-4.01(c)(2)(iii) and 21-
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28-4.01(c)(2)(iv).
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SECTION 3. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO WATERS AND NAVIGATION -- ALCOHOL BOATING SAFETY ACT
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This act would give the Rhode Island traffic tribunal jurisdiction to hear first offense
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refusals to submit to a chemical test pursuant to the Alcohol Boating Safety Act.
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This act would take effect upon passage.
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