§ 23-1.10-16. Limits on application of laws punishing intoxication.
(a) Neither the state, municipality, nor other political subdivision of the state or municipality may adopt or enforce a law, ordinance, resolution, or rule having the force of law that includes drinking, being a common drunkard, or being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty or sanction.
(b) Neither the state, municipality, nor other political subdivision of the state or municipality shall interpret or apply any law of general application to circumvent the provision of subsection (a).
(c) Nothing in this chapter affects any law, ordinance, resolution, or rule against drunken driving, driving under the influence of alcohol, or other similar offense involving the operation of a vehicle, aircraft, boat, machinery, or other equipment, or regarding the sale, purchase, dispensing, possessing, or use of alcoholic beverages at stated time and places or by a particular class of persons.
History of Section.P.L. 1972, ch. 130, § 1; G.L. 1956, § 40.1-4-16; P.L. 1995, ch. 370, art. 14, § 4.
Structure Rhode Island General Laws
Section 23-1.10-1. - Declaration of policy.
Section 23-1.10-2. - Definitions.
Section 23-1.10-3. - Powers assumed by department.
Section 23-1.10-4. - Duties of department.
Section 23-1.10-5. - [Reserved.]
Section 23-1.10-6. - Comprehensive program for treatment.
Section 23-1.10-8. - Rules as to acceptance for treatment.
Section 23-1.10-9. - Voluntary treatment of alcoholics.
Section 23-1.10-11. - Emergency commitment.
Section 23-1.10-12. - Involuntary commitment of alcoholics.
Section 23-1.10-13. - Confidentiality of records — Availability for research.
Section 23-1.10-14. - Visitation rights — Mail and other communications.
Section 23-1.10-15. - Payment for treatment.
Section 23-1.10-16. - Limits on application of laws punishing intoxication.
Section 23-1.10-17. - Severability.
Section 23-1.10-18. - Application of Administrative Procedures Act.
Section 23-1.10-19. - Rules and regulations.
Section 23-1.10-20. - Pilot alternative program established.