Motor and Other vehicles
Motor Vehicle Offenses
§ 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
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.)