§ 31-27-2.7. Driving while impaired.
(a) A person under the age of twenty-one (21) but at least eighteen (18) years of age who takes a test, as provided for in § 31-27-2, at the request of a law enforcement officer who believes the person to be driving under the influence of alcohol, shall be determined to have been driving while impaired if the test determines the person’s blood alcohol concentration to be at least two-hundredths of one percent (.02%) but less than eight one hundredths of one percent (.08%) by weight.
(b) Should, after a hearing in district court, it be determined that: the results of the test are admissible in that it meets all of the conditions, as set forth in § 31-27-2; and the person has been afforded his or her rights as set forth in § 31-27-2; then the judge shall order 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 be deposited in the general fund.
(2) The person’s driving license shall be suspended for not less than one nor more than three (3) months on a first violation, provided the person also shall attend a special course in driving while intoxicated and provided that the person shall also attend an alcohol and/or drug treatment program if ordered by the district court judge. Failure or refusal of the person to attend the course and/or alcohol or drug treatment program shall result in the person’s driving license being suspended until such time as the course and/or treatment program has been completed.
(3) On a second and subsequent violation of the section, the person shall be fined not more than two hundred and fifty dollars ($250) together with a highway safety assessment of three hundred dollars ($300) and shall 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 require the person to attend a special course in driving while intoxicated and also attend an alcohol and/or drug treatment program.
(c) No suspension, assessments, driving while intoxicated school, or alcohol and/or drug treatment programs under this section can be suspended, shortened, altered, or changed.
(d) Any violation of the section shall not be considered a criminal offense.
History of Section.P.L. 1990, ch. 329, § 2; P.L. 1994, ch. 70, art. 35, § 7; P.L. 1995, ch. 164, § 1; P.L. 1995, ch. 217, § 1; P.L. 2013, ch. 317, § 1; P.L. 2013, ch. 390, § 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.