§ 31-27-2.7 - Driving while impaired. - Rhode Island Statutes

SECTION 31-27-2.7

   § 31-27-2.7  Driving while impaired. –(a) A person under the age of twenty-one (21) but at least eighteen (18) yearsof age who takes a test, as provided for in § 31-27-2, at the request of alaw enforcement officer who believes the person to be driving under theinfluence of alcohol, shall be determined to have been driving while impairedif the test determines the person's blood alcohol concentration to be at leasttwo-hundredths of one percent (.02%) but less than one-tenth of one percent(.1%) by weight.

   (b) Should, after a hearing in district court, it bedetermined that: the results of the test are admissible in that it meets all ofthe conditions, as set forth in § 31-27-2; and the person has beenafforded his or her rights as set forth in § 31-27-2; then the judge shallorder as follows:

   (1) A fine of not more than two hundred and fifty dollars($250) and thirty (30) hours of community restitution. The fine shall bedeposited in the general fund.

   (2) The person's driving license shall be suspended for notless than one nor more than three (3) months on a first violation, provided theperson also shall attend a special course in driving while intoxicated andprovided that the person shall also attend an alcohol and/or drug treatmentprogram if ordered by the district court judge. Failure or refusal of theperson to attend the course and/or alcohol or drug treatment program shallresult in the person's driving license being suspended until such time as thecourse and/or treatment program has been completed.

   (3) On a second and subsequent violation of the section, theperson shall be fined not more than two hundred and fifty dollars ($250)together with a highway safety assessment of three hundred dollars ($300) andshall be required to perform up to sixty (60) hours of community restitution.The person's driving license shall be suspended for not less than three (3)months nor more than six (6) months. The sentencing judge shall also requirethe person to attend a special course in driving while intoxicated and alsoattend an alcohol and/or drug treatment program.

   (c) No suspension, assessments, driving while intoxicatedschool, or alcohol and/or drug treatment programs under this section can besuspended, shortened, altered, or changed.

   (d) Any violation of the section shall not be considered acriminal offense.