Rhode Island’s Ignition Interlock System law was recently updated by the general assembly. Rhode Island General Law §31-27-2.8 governs ignition interlock requirements for persons charged with DUI or Breathalyzer Refusal cases in Rhode Island.
The updated law gives the Judge or Magistrate the ability to prohibit you from operating a motor vehicle that is not equipped with an ignition interlock system, and/or blood and urine testing by an approved professional.
Depending on the facts and circumstances of your case, the court may eliminate the requirement of an ignition interlock system provided that blood and/or urine testing is mandated as a condition of operating a motor vehicle. In certain circumstances, the court may require both the ignition interlock system and blood and/or urine testing.
If the court makes a finding that a motorist was operating a vehicle in the state while under the influence of drugs or any controlled substance as evidenced by the presence of controlled substances on or about the person or vehicle or other reliable indicia or articulable conditions thereof, but not intoxicating liquor based upon preliminary breath test, results from a breathalyzer that indicates no blood alcohol concentration, the court may exercise their discretion and eliminate the requirement of an ignition interlock system provided that, blood and/or urine testing is mandated as a condition of operating a motor vehicle.
If there is evidence of controlled substance use and alcohol use the court may exercise their discretion and require ignition interlock system in addition to blood and/or urine testing.
What are the requirements for Blood and/or Urine Testing?
The new law requires samples to be taken weekly for the first 60 days. Thereafter in accordance with the recommendations of the substance abuse professional. The samples thereafter may be random and a sample must be provided by the motorist within 24 hours of the request.
The substance abuse professional shall report to the Office of Attorney General within 24 hours any failures by the motorist to comply with a request for a sample or a positive test for any controlled substances. The motorist shall also be notified and have an opportunity to have the sample independently tested, at the motorist’s expense.
What if I miss a test or test positive for a controlled substance?
If a judge or magistrate determines that a motorist either failed, without good cause, to comply with a sample request or tested positive for any controlled substance, he or she may exercise his or her discretion and revoke the conditional hardship license, extend the time period for the ignition interlock system and/or substance abuse testing for an additional period of up to twelve (12) months and/or impose an additional loss of license for up to twenty-four (24) months.
Second Offenses Within Twelve months is a Misdemeanor Criminal Offense.
A motorist who has failed, without good cause, to comply with a sample request or tested positive for any controlled substance for a second time within twelve (12) months of the first failure and/or positive test determination shall be guilty of a misdemeanor punishable by up to one year imprisonment, or a fine of up to one thousand dollars ($1,000), or both.
If You Violate the Ignition Interlock Order It Is a Criminal Offense.
Any person subject to an ignition interlock order and/or blood and urine testing who violates such order shall be guilty of a misdemeanor punishable by up to one year imprisonment, or a fine of up to one thousand dollars ($1,000), or both.
For a second violation within six (6) months from entry of the order, the person violating the order shall be imprisoned for a term of not less than ten (10) days and not more than one year.
A violation of the interlock order, includes, but is not limited to:
(1) Altering, tampering, or in any way attempting to circumvent the operation of an ignition interlock system that has been installed in the motor vehicle of a person under this section;
(2) Operating a motor vehicle that is not equipped with an ignition interlock system; or
(3) Soliciting or attempting to have another person start a motor vehicle equipped with an ignition interlock system for the purpose of providing an operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system.
Any person who attempts to start, or starts, a motor vehicle equipped with an ignition interlock system, tampers with, or in any way attempts to circumvent, the operation of an ignition interlock system that has been installed in the motor vehicle for the purpose of providing an operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system, shall be guilty of a misdemeanor punishable by up to one year imprisonment or a fine of up to one thousand dollars ($1,000), or both.
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