§31-27-2.7  Driving while impaired. –


Published: 2015

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TITLE 31

Motor and Other vehicles

CHAPTER 31-27

Motor Vehicle Offenses

SECTION 31-27-2.7



   § 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.)

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