§ 31-27-2.2. Driving under the influence of liquor or drugs, resulting in death.
(a) When the death of any person other than the operator ensues as a proximate result of an injury received by the operation of any vehicle, the operator of which is under the influence of any intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, the person so operating the vehicle shall be guilty of “driving under the influence of liquor or drugs, resulting in death”.
(b) Any person charged with the commission of the offense set forth in subsection (a) of this section shall, upon conviction, be punished as follows:
(1)(i) Every person convicted of a first violation shall be punished by imprisonment in the state prison for not less than five (5) years and for not more than fifteen (15) years, in any unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) and his or her license to operate a motor vehicle shall be revoked for a period of five (5) years. The license privilege shall not be reinstated until evidence satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist which would authorize the refusal to issue a license, and until the person gives proof of financial responsibility pursuant to chapter 32 of this title.
(ii) In addition, the person convicted may be required to successfully complete alcohol or drug treatment in a program of their choice, at their own expense, as authorized by a judge of the superior court, and may successfully complete the program before any license to operate a motor vehicle is renewed.
(2) Every person convicted of a second or subsequent violation within a five (5) year period in this state or any other state, provided the out-of-state conviction was based on the same blood-alcohol concentration as set forth in § 31-27-2 shall be punished by imprisonment in the state prison for not less than ten (10) years and for not more than twenty (20) years, in any unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine of not less than ten thousand dollars ($10,000) nor more than twenty thousand dollars ($20,000) and his or her license to operate a motor vehicle shall be revoked for a period of five (5) years. In addition, the person convicted may be required to successfully complete alcohol or drug treatment, at their own expense, in a program established by the director of the department of corrections. The license privilege shall not be reinstated whether the convictions occurred in this or any other state until evidence satisfactory to the superior court, following a hearing establishes that no grounds exist which would authorize the refusal to issue a license, and until the person gives proof of financial responsibility pursuant to chapter 32 of this title.
History of Section.P.L. 1982, ch. 175, § 1; P.L. 1983, ch. 43, § 1; P.L. 1992, ch. 363, § 1; P.L. 1995, ch. 130, § 1; P.L. 1996, ch. 38, § 1.
Structure Rhode Island General Laws
Title 31 - Motor and Other Vehicles
Chapter 31-27 - Motor Vehicle Offenses
Section 31-27-1. - Driving so as to endanger, resulting in death.
Section 31-27-1.1. - Driving so as to endanger, resulting in serious personal injury.
Section 31-27-1.2. - Driving so as to endanger, resulting in physical injury.
Section 31-27-2. - Driving under influence of liquor or drugs.
Section 31-27-2.1. - Refusal to submit to chemical test.
Section 31-27-2.2. - Driving under the influence of liquor or drugs, resulting in death.
Section 31-27-2.3. - Revocation of license upon refusal to submit to preliminary breath test.
Section 31-27-2.4. - Driving while in possession of controlled substances.
Section 31-27-2.7. - Driving while impaired.
Section 31-27-2.9. - Administration of chemical test.
Section 31-27-3. - Right of person charged with operating under influence to physical examination.
Section 31-27-3.1. - Annual Impaired Driving Report.
Section 31-27-4. - Reckless driving and other offenses against public safety.
Section 31-27-4.1. - Eluding a law enforcement officer with a motor vehicle in a high speed pursuit.
Section 31-27-4.2. - Minimal requirements.
Section 31-27-4.3. - Forfeiture of motor vehicle.
Section 31-27-4.4. - Motor vehicle forfeiture procedure.
Section 31-27-4.5. - Educational requirement.
Section 31-27-5. - Motor carriers — Maximum driving and on-duty time.
Section 31-27-6. - Lanes of operation.
Section 31-27-7. - Commercial vehicles — Off-duty conditions — Emergency exceptions.
Section 31-27-8. - Commercial vehicles — Penalty for excessive hours of driving.
Section 31-27-9. - Parties to offenses.
Section 31-27-10. - Offenses by persons directing drivers.
Section 31-27-11. - Vehicle used as bail.
Section 31-27-12. - Service of notice — Summons.
Section 31-27-12.1. - Preparation of summons and related records — Content and form.
Section 31-27-12.2. - Distribution of books or pads.
Section 31-27-12.3. - Preparation and disposition of records.
Section 31-27-12.4. - Disposition of complaint only by court.
Section 31-27-13. - Nature of offenses — Penalty.
Section 31-27-14. - Penalty for felonies.
Section 31-27-15. - Disposition of fines and forfeitures.
Section 31-27-17. - Permitting juvenile to operate an unregistered motorcycle.
Section 31-27-18. - Emergency medical services — Special assessment.
Section 31-27-19. - Operating a motor vehicle on a bicycle lane, trail or path.
Section 31-27-20. - Operation of a motor vehicle — Letter carrier.
Section 31-27-21. - Community restitution.
Section 31-27-22. - Street racing — Justin Nunes’ Law.
Section 31-27-23. - Penalties for failure to comply with § 24-8-4.2.