§ 31-27-2.5 Chemical tests to personsunder eighteen (18) years of age – Refusal – License suspension.– (a) Any person under eighteen (18) years of age who shall refuse to submit to achemical test as provided in § 31-27-2 shall have imposed all thepenalties provided by § 31-27-2.1, but shall have his or her licensesuspended on a first violation for six (6) months, subject to the terms ofsubsection (e) of this section.
(b) Jurisdiction for violations of this section is given tothe family court.
(c) If a person as set forth in subsection (a) of thissection refuses, upon the request of a law enforcement officer, to submit to atest as provided in § 31-27-2.1, none shall be given, but a judge of thefamily court, upon receipt of a report or testimony of a law enforcementofficer: that he or she had probable cause to stop the arrested person andreasonable grounds to believe the arrested person had been driving a motorvehicle within this state while impaired by intoxicating liquor, toluene, orany controlled substance, as defined in chapter 28 of title 21, or anycombination of these; that the person had been informed of his or her rights inaccordance with § 31-27-3; that the person had been informed of thepenalties to be incurred as a result of noncompliance with this section; andthat the person had refused to submit to the test upon the request of a lawenforcement officer; shall promptly order a hearing on whether the person'soperator's license or privilege to operate a motor vehicle in this state shallbe suspended. Upon suspension, the judge shall order the license of the personto be surrendered to the department of administration, division of motorvehicles, within three (3) days.
(d) If the person takes a test, as provided in § 31-27-2and the test determines the person's blood alcohol concentration to be at leasttwo-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 whileimpaired. A judge of the family court shall, pursuant to the terms ofsubsection (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 bepaid by any person found in violation of this section. The assessment shall bedeposited 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 totwelve (12) months, provided the person also shall attend a special course ondriving while intoxicated and provided that the person shall also attend analcohol 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 drugtreatment program shall result in the person's driving license being suspendeduntil the course or treatment program has been completed.
(3) On a second violation of this section, the person'sdriving license shall be suspended until he or she is twenty-one (21) years ofage. The sentencing judge shall require alcohol and/or drug treatment for theindividual.
(4) On a third or subsequent violation, the person's drivinglicense shall be suspended for an additional period of two (2) years and thesentencing judge shall require alcohol and/or drug treatment for the individual.
(5) No suspensions, assessments, driving while intoxicatedschool, or alcohol and/or drug treatment programs under this section can besuspended, shortened, altered, or changed.
(e) Upon suspending a license or permit as provided insubsection (a), (c), or (d) of this section, the family court shall immediatelynotify the person involved, in writing, as well as the custodial parent if theperson is under the age of eighteen (18) years.
(f) The police department which charges any person undereighteen (18) years of age with refusal to submit to a chemical test, drivingwhile impaired by intoxicating liquors or drugs, or driving while under theinfluence of liquor or drugs, shall ascertain the name and address of thecustodial parent of the person and shall notify the parent in writing withinten (10) days of the charge.
(g) The department of administration, upon issuing a firstlicense to a person sixteen (16) or seventeen (17) years of age, shall providea written notice of the penalties provided by this section. Any violation ofthis section shall not be considered a criminal offense.
§ 31-27-2.5 Chemical tests to personsunder eighteen (18) years of age – Refusal – License suspension.– (a) Any person under eighteen (18) years of age who shall refuse to submit to achemical test as provided in § 31-27-2 shall have imposed all thepenalties provided by § 31-27-2.1, but shall have his or her licensesuspended on a first violation for six (6) months, subject to the terms ofsubsection (e) of this section.
(b) Jurisdiction for violations of this section is given tothe family court.
(c) If a person as set forth in subsection (a) of thissection refuses, upon the request of a law enforcement officer, to submit to atest as provided in § 31-27-2.1, none shall be given, but a judge of thefamily court, upon receipt of a report or testimony of a law enforcementofficer: that he or she had probable cause to stop the arrested person andreasonable grounds to believe the arrested person had been driving a motorvehicle within this state while impaired by intoxicating liquor, toluene, orany controlled substance, as defined in chapter 28 of title 21, or anycombination of these; that the person had been informed of his or her rights inaccordance with § 31-27-3; that the person had been informed of thepenalties to be incurred as a result of noncompliance with this section; andthat the person had refused to submit to the test upon the request of a lawenforcement officer; shall promptly order a hearing on whether the person'soperator's license or privilege to operate a motor vehicle in this state shallbe suspended. Upon suspension, the judge shall order the license of the personto be surrendered to the department of administration, division of motorvehicles, within three (3) days.
(d) If the person takes a test, as provided in § 31-27-2and the test determines the person's blood alcohol concentration to be at leasttwo-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 whileimpaired. A judge of the family court shall, pursuant to the terms ofsubsection (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 bepaid by any person found in violation of this section. The assessment shall bedeposited 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 totwelve (12) months, provided the person also shall attend a special course ondriving while intoxicated and provided that the person shall also attend analcohol 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 drugtreatment program shall result in the person's driving license being suspendeduntil the course or treatment program has been completed.
(3) On a second violation of this section, the person'sdriving license shall be suspended until he or she is twenty-one (21) years ofage. The sentencing judge shall require alcohol and/or drug treatment for theindividual.
(4) On a third or subsequent violation, the person's drivinglicense shall be suspended for an additional period of two (2) years and thesentencing judge shall require alcohol and/or drug treatment for the individual.
(5) No suspensions, assessments, driving while intoxicatedschool, or alcohol and/or drug treatment programs under this section can besuspended, shortened, altered, or changed.
(e) Upon suspending a license or permit as provided insubsection (a), (c), or (d) of this section, the family court shall immediatelynotify the person involved, in writing, as well as the custodial parent if theperson is under the age of eighteen (18) years.
(f) The police department which charges any person undereighteen (18) years of age with refusal to submit to a chemical test, drivingwhile impaired by intoxicating liquors or drugs, or driving while under theinfluence of liquor or drugs, shall ascertain the name and address of thecustodial parent of the person and shall notify the parent in writing withinten (10) days of the charge.
(g) The department of administration, upon issuing a firstlicense to a person sixteen (16) or seventeen (17) years of age, shall providea written notice of the penalties provided by this section. Any violation ofthis section shall not be considered a criminal offense.
§ 31-27-2.5 Chemical tests to personsunder eighteen (18) years of age – Refusal – License suspension.– (a) Any person under eighteen (18) years of age who shall refuse to submit to achemical test as provided in § 31-27-2 shall have imposed all thepenalties provided by § 31-27-2.1, but shall have his or her licensesuspended on a first violation for six (6) months, subject to the terms ofsubsection (e) of this section.
(b) Jurisdiction for violations of this section is given tothe family court.
(c) If a person as set forth in subsection (a) of thissection refuses, upon the request of a law enforcement officer, to submit to atest as provided in § 31-27-2.1, none shall be given, but a judge of thefamily court, upon receipt of a report or testimony of a law enforcementofficer: that he or she had probable cause to stop the arrested person andreasonable grounds to believe the arrested person had been driving a motorvehicle within this state while impaired by intoxicating liquor, toluene, orany controlled substance, as defined in chapter 28 of title 21, or anycombination of these; that the person had been informed of his or her rights inaccordance with § 31-27-3; that the person had been informed of thepenalties to be incurred as a result of noncompliance with this section; andthat the person had refused to submit to the test upon the request of a lawenforcement officer; shall promptly order a hearing on whether the person'soperator's license or privilege to operate a motor vehicle in this state shallbe suspended. Upon suspension, the judge shall order the license of the personto be surrendered to the department of administration, division of motorvehicles, within three (3) days.
(d) If the person takes a test, as provided in § 31-27-2and the test determines the person's blood alcohol concentration to be at leasttwo-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 whileimpaired. A judge of the family court shall, pursuant to the terms ofsubsection (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 bepaid by any person found in violation of this section. The assessment shall bedeposited 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 totwelve (12) months, provided the person also shall attend a special course ondriving while intoxicated and provided that the person shall also attend analcohol 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 drugtreatment program shall result in the person's driving license being suspendeduntil the course or treatment program has been completed.
(3) On a second violation of this section, the person'sdriving license shall be suspended until he or she is twenty-one (21) years ofage. The sentencing judge shall require alcohol and/or drug treatment for theindividual.
(4) On a third or subsequent violation, the person's drivinglicense shall be suspended for an additional period of two (2) years and thesentencing judge shall require alcohol and/or drug treatment for the individual.
(5) No suspensions, assessments, driving while intoxicatedschool, or alcohol and/or drug treatment programs under this section can besuspended, shortened, altered, or changed.
(e) Upon suspending a license or permit as provided insubsection (a), (c), or (d) of this section, the family court shall immediatelynotify the person involved, in writing, as well as the custodial parent if theperson is under the age of eighteen (18) years.
(f) The police department which charges any person undereighteen (18) years of age with refusal to submit to a chemical test, drivingwhile impaired by intoxicating liquors or drugs, or driving while under theinfluence of liquor or drugs, shall ascertain the name and address of thecustodial parent of the person and shall notify the parent in writing withinten (10) days of the charge.
(g) The department of administration, upon issuing a firstlicense to a person sixteen (16) or seventeen (17) years of age, shall providea written notice of the penalties provided by this section. Any violation ofthis section shall not be considered a criminal offense.
