Bill
HB 7489
Expands DUI penalties with mandatory ignition interlock, enhanced testing/treatment, and stricter suspensions to deter repeat offenses and aid license reinstatement.
Purpose and overall intent
- This act strengthens and expands Rhode Island’s DUI/DWI framework. It reinforces ignition interlock system requirements as a condition for license reinstatement, enhances penalties for multiple offenses, and broadens testing and monitoring procedures for alcohol and drug impairment driving.
- Takes effect upon passage.
Key provisions and changes
1) Driving under the influence (DUI) offenses and penalties
- Amends RI General Laws § 31-27-2 and related sections to formalize ignition interlock and testing requirements as part of sentences for DUI and drug-related impairment offenses.
- Penalties are tiered by blood alcohol concentration (BAC) and by recidivism:
- First offense with BAC 0.08%–<0.10% or with certain controlled substances: fines $100–$300; 10–60 hours public restitution; up to 1 year in jail; possible license suspension (30–180 days); mandatory ignition interlock and/or blood/urine testing for specified periods up to 6–24 months; mandatory education/treatment.
- First offense with BAC 0.10%–<0.15%: fines $100–$400; 10–60 hours restitution; up to 1 year jail; license suspension 3–12 months; ignition interlock/testing for 6–24 months.
- First offense BAC ≥0.15% or drug influence: fine $500; 20–60 hours restitution; up to 1 year jail; license suspension 3–18 months; ignition interlock/testing 9–24 months.
- Subsequent offenses within 10 years (varies by BAC/drug involvement): mandatory fines (typically $400–$1,000+); longer license suspensions (1–5+ years); longer jail terms (up to 5 years for some third/subsequent offenses); vehicle seizure in some cases; ignition interlock and/or blood/urine testing required for extended periods.
- Enhanced penalties for second and third offenses include mandatory treatment and longer interlock/testing periods; in some cases, a vehicle seizure and sale with the proceeds to the general fund.
2) Refusal to submit to chemical testing
- Maintains enhanced penalties for refusals, including higher fines, longer license suspensions, and extended ignition interlock/testing requirements.
- Requires completion of an implied-consent process with a detailed notice and opportunity for a second chemical test; failure or refusal leads to substantial penalties.
3) Ignition interlock system (IIS) and testing as a sentencing tool
- Creates and codifies strong IIS requirements as a standard condition for license reinstatement in DUI/drug impairment cases.
- Allows judges to tailor IIS and blood/urine testing durations to the offense, with minimums and maximums specified in the bill.
- Provides for conditional hardship licenses tied to IIS installation; allows limited driving privileges during the hardship period with strict monitoring.
- Establishes penalties for tampering with, or attempting to bypass, IIS (up to 1 year in jail or $1,000 fine for violations).
4) Administrative and funding provisions
- Creates the Ignition Interlock System Fund (new § 31-27-2.10) to support indigent defendants who cannot pay for IIS, funded through general revenue and administered by the Office of the General Treasurer.
- Sets up an Alcohol and Drug Safety Action Program within the Division of Motor Vehicles to administer restitution and coordinate with behavioral health programs.
5) Court jurisdiction, procedures, and notices
- Maintains district and family court jurisdiction for DUIs (18+ and under 18 respectively) with authority to impose all penalties and suspensions.
- Specifies procedures for hearings, notices, and timely actions by judges to uphold suspensions and penalties.
Affected parties and impacts
- Individuals convicted of DUI, refusal to submit to chemical testing, or driving with a suspended/revoked license due to DUI/DRUG offenses.
- Indigent defendants who cannot afford IIS may access funding to obtain the interlock device.
- Courts, the Division of Motor Vehicles, the Department of Health, and the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals are affected by new testing, monitoring, and treatment requirements.
- Employers may be impacted by conditional hardship licenses allowing operation of non-IIS vehicles under defined circumstances.
Effective date
- The act takes effect upon passage.
Notes
- The bill emphasizes ignition interlock and mandatory testing as central tools for enhancing road safety and reducing repeat offenses.
- Includes required courses, treatment, and road-safety education components integrated with existing programs.
Compiled from official sources — confirm details with the bill’s official record.
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