TITLE 31

Motor and Other vehicles

CHAPTER 31-27

Motor Vehicle Offenses

SECTION 31-27-2.1



   § 31-27-2.1  Refusal to submit to chemical

test. –

(a) Any person who operates a motor vehicle within this state shall be deemed

to have given his or her consent to chemical tests of his or her breath, blood,

and/or urine for the purpose of determining the chemical content of his or her

body fluids or breath. No more than two (2) complete tests, one for the

presence of intoxicating liquor and one for the presence of toluene or any

controlled substance, as defined in § 21-28-1.02(7), shall be administered

at the direction of a law enforcement officer having reasonable grounds to

believe the person to have been driving a motor vehicle within this state while

under the influence of intoxicating liquor, toluene, or any controlled

substance, as defined in chapter 28 of title 21, or any combination of these.

The director of the department of health is empowered to make and file, with

the secretary of state, regulations that prescribe the techniques and methods

of chemical analysis of the person's body fluids or breath and the

qualifications and certification of individuals authorized to administer the

testing and analysis.



   (b) If a person, for religious or medical reasons, cannot be

subjected to blood tests, the person may file an affidavit with the division of

motor vehicles stating the reasons why he or she cannot be required to take

blood tests and a notation to this effect shall be made on his or her license.

If that person is asked to submit to chemical tests as provided under this

chapter, the person shall only be required to submit to chemical tests of his

or her breath or urine. When a person is requested to submit to blood tests,

only a physician or registered nurse, or a medical technician certified under

regulations promulgated by the director of the department of health, may

withdraw blood for the purpose of determining the alcoholic content in it. This

limitation shall not apply to the taking of breath or urine specimens. The

person tested shall be permitted to have a physician of his or her own

choosing, and at his or her own expense, administer chemical tests of his or

her breath, blood, and/or urine in addition to the tests administered at the

direction of a law enforcement officer. If a person, having been placed under

arrest, refuses upon the request of a law enforcement officer to submit to the

tests, as provided in § 31-27-2, none shall be given, but a judge or

magistrate of the traffic tribunal or district court judge or magistrate, upon

receipt of a report of a law enforcement officer: that he or she had reasonable

grounds to believe the arrested person had been driving a motor vehicle within

this state under the influence of intoxicating liquor, toluene, or any

controlled substance, as defined in chapter 28 of title 21, or any combination

of these; that the person had been informed of his or her rights in accordance

with § 31-27-3; that the person had been informed of the penalties

incurred as a result of noncompliance with this section; and that the person

had refused to submit to the tests upon the request of a law enforcement

officer; shall promptly order that the person's operator's license or privilege

to operate a motor vehicle in this state be immediately suspended and that the

person's license be surrendered within five (5) days of notice of suspension. A

traffic tribunal judge or magistrate, or a district court judge or magistrate,

pursuant to the terms of subsection (c) of this section, shall order as follows:



   (1) Impose, for the first violation, a fine in the amount of

two hundred dollars ($200) to five hundred dollars ($500) and shall order the

person to perform ten (10) to sixty (60) hours of public community restitution.

The person's driving license in this state shall be suspended for a period of

six (6) months to one year. The traffic tribunal judge or magistrate shall

require attendance at a special course on driving while intoxicated or under

the influence of a controlled substance and/or alcohol or drug treatment for

the individual. The traffic tribunal judge or magistrate may prohibit that

person from operating a motor vehicle that is not equipped with an ignition

interlock system as provided in § 31-27-2.8.



   (2) Every person convicted for a second violation within a

five-year (5) period shall be guilty of a misdemeanor; shall be imprisoned for

not more than six (6) months; and shall pay a fine in the amount of six hundred

dollars ($600) to one thousand dollars ($1,000), order the person to perform

sixty (60) to one hundred (100) hours of public community restitution; and the

person's driving license in this state shall be suspended for a period of one

year to two (2) years. The judge or magistrate shall require alcohol and/or

drug treatment for the individual. The sentencing judge or magistrate shall

prohibit that person from operating a motor vehicle that is not equipped with

an ignition interlock system as provided in § 31-27-2.8.



   (3) Every person convicted for a third or subsequent

violation within a five-year (5) period shall be guilty of a misdemeanor; and

shall be imprisoned for not more than one year; fined eight hundred dollars

($800) to one thousand dollars ($1,000); shall perform not less than one

hundred (100) hours of public community restitution; and the person's

operator's license in this state shall be suspended for a period of two (2)

years to five (5) years. The sentencing judge or magistrate shall prohibit that

person from operating a motor vehicle that is not equipped with an ignition

interlock system as provided in § 31-27-2.8. The judge or magistrate

shall require alcohol or drug treatment for the individual. Provided, that

prior to the reinstatement of a license to a person charged with a third or

subsequent violation within a three-year (3) period, a hearing shall be held

before a judge or magistrate. At the hearing, the judge or magistrate shall

review the person's driving record, his or her employment history, family

background, and any other pertinent factors that would indicate that the person

has demonstrated behavior that warrants the reinstatement of his or her license.



   (4) For purposes of determining the period of license

suspension, a prior violation shall constitute any charge brought and sustained

under the provisions of this section or § 31-27-2.



   (5) In addition to any other fines, a highway safety

assessment of five hundred dollars ($500) shall be paid by any person found in

violation of this section, the assessment to be deposited into the general

fund. The assessment provided for by this subsection shall be collected from a

violator before any other fines authorized by this section.



   (6) In addition to any other fines and highway safety

assessments, a two hundred dollar ($200) assessment shall be paid by any person

found in violation of this section to support the department of health's

chemical testing programs outlined in § 31-27-2(4), that shall be

deposited as general revenues, not restricted receipts.



   (7) No fines, suspensions, assessments, alcohol or drug

treatment programs; course on driving while intoxicated or under the influence

of a controlled substance; or public community restitution provided for under

this section; can be suspended.



   (c) Upon suspending or refusing to issue a license or permit

as provided in subsection (a) of this section, the traffic tribunal or district

court shall immediately notify the person involved in writing, and upon his or

her request, within fifteen (15) days, shall afford the person an opportunity

for a hearing as early as practical upon receipt of a request in writing. Upon

a hearing, the judge may administer oaths and may issue subpoenas for the

attendance of witnesses and the production of relevant books and papers. If the

judge finds after the hearing that: (1) The law enforcement officer making the

sworn report had reasonable grounds to believe that the arrested person had

been driving a motor vehicle within this state while under the influence of

intoxicating liquor, toluene, or any controlled substance, as defined in

chapter 28 of title 21, or any combination of these; (2) The person, while

under arrest, refused to submit to the tests upon the request of a law

enforcement officer; (3) The person had been informed of his or her rights in

accordance with § 31-27-3; and (4) The person had been informed of the

penalties incurred as a result of noncompliance with this section; the judge

shall sustain the violation. The judge shall then impose the penalties set

forth in subsection (b) of this section. Action by the judge must be taken

within seven (7) days after the hearing or it shall be presumed that the judge

has refused to issue his or her order of suspension.



   (d) For the purposes of this section, any test of a sample of

blood, breath, or urine for the presence of alcohol that relies, in whole or in

part, upon the principle of infrared light absorption is considered a chemical

test.



   (e) If any provision of this section, or the application of

any provision, shall, for any reason, be judged invalid, the judgment shall not

affect, impair, or invalidate the remainder of the section, but shall be

confined in this effect to the provisions or application directly involved in

the controversy giving rise to the judgment.



History of Section.

(G.L. 1956, § 31-27-2.1; P.L. 1966, ch. 215, § 1; P.L. 1973, ch. 213,

§ 1; P.L. 1974, ch. 209, § 1; P.L. 1978, ch. 174, § 1; P.L.

1980, ch. 322, § 1; P.L. 1982, ch. 177, § 1; P.L. 1983, ch. 228,

§ 1; P.L. 1985, ch. 291, § 1; P.L. 1986, ch. 433, § 1; P.L.

1986, ch. 508, § 1; P.L. 1990, ch. 329, § 1; P.L. 1994, ch. 70, art.

35, § 7; P.L. 2006, ch. 232, § 1; P.L. 2006, ch. 235, § 1; P.L.

2006, ch. 246, art. 10, § 1; P.L. 2014, ch. 230, § 1; P.L. 2014, ch.

326, § 1.)