TITLE 31
Motor and Other vehicles
CHAPTER 31-27
Motor Vehicle Offenses
SECTION 31-27-2.5
§ 31-27-2.5 Chemical tests to persons
under eighteen (18) years of age Refusal License suspension.
(a) Any person under eighteen (18) years of age who shall refuse to submit to a
chemical test as provided in § 31-27-2 shall have imposed all the
penalties provided by § 31-27-2.1, but shall have his or her license
suspended on a first violation for six (6) months, subject to the terms of
subsection (e) of this section.
(b) Jurisdiction for violations of this section is given to
the family court.
(c) If a person as set forth in subsection (a) of this
section refuses, upon the request of a law enforcement officer, to submit to a
test as provided in § 31-27-2.1, none shall be given, but a judge of the
family court, upon receipt of a report or testimony of a law enforcement
officer: that he or she had probable cause to stop the arrested person and
reasonable grounds to believe the arrested person had been driving a motor
vehicle within this state while impaired by 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 to be incurred as a result of noncompliance with this section; and
that the person had refused to submit to the test upon the request of a law
enforcement officer; shall promptly order a hearing on whether the person's
operator's license or privilege to operate a motor vehicle in this state shall
be suspended. Upon suspension, the judge shall order the license of the person
to be surrendered to the department of administration, division of motor
vehicles, within three (3) days.
(d) If the person takes a test, as provided in § 31-27-2
and the test determines the person's blood alcohol concentration to be at least
two-hundredths of one percent (.02%) but less than one-tenth of one percent
(.1%) by weight, the person shall be determined to have been driving while
impaired. A judge of the family court shall, pursuant to the terms of
subsection (e) of this section, order as follows:
(1) A highway safety assessment of one hundred fifty dollars
($150), or community restitution in lieu of highway safety assessment shall be
paid by any person found in violation of this section. The assessment shall be
deposited into the general fund.
(2) The person's driving license shall be suspended for six
(6) months on a first violation, and may be suspended for a period of up to
twelve (12) months, provided the person also shall attend a special course on
driving while intoxicated and provided that the person shall also attend an
alcohol and/or drug treatment program if ordered by the family 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 the course or treatment program has been completed.
(3) On a second violation of this section, the person's
driving license shall be suspended until he or she is twenty-one (21) years of
age. The sentencing judge shall require alcohol and/or drug treatment for the
individual.
(4) On a third or subsequent violation, the person's driving
license shall be suspended for an additional period of two (2) years and the
sentencing judge shall require alcohol and/or drug treatment for the individual.
(5) No suspensions, assessments, driving while intoxicated
school, or alcohol and/or drug treatment programs under this section can be
suspended, shortened, altered, or changed.
(e) Upon suspending a license or permit as provided in
subsection (a), (c), or (d) of this section, the family court shall immediately
notify the person involved, in writing, as well as the custodial parent if the
person is under the age of eighteen (18) years.
(f) The police department which charges any person under
eighteen (18) years of age with refusal to submit to a chemical test, driving
while impaired by intoxicating liquors or drugs, or driving while under the
influence of liquor or drugs, shall ascertain the name and address of the
custodial parent of the person and shall notify the parent in writing within
ten (10) days of the charge.
(g) The department of administration, upon issuing a first
license to a person sixteen (16) or seventeen (17) years of age, shall provide
a written notice of the penalties provided by this section. Any violation of
this section shall not be considered a criminal offense.
History of Section.
(P.L. 1986, ch. 420, § 1; P.L. 1990, ch. 496, § 1; P.L. 1994, ch. 70,
art. 35, § 7; P.L. 1995, ch. 164, § 1; P.L. 1995, ch. 217, §
1.)