In the state of Rhode Island, driving under the influence (DUI) is an offense that is punishable by law:
- 31-27-2 Driving under influence of liquor or drugs.
- (a) Whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in subdivision (d)(3), and shall be punished as provided in subsection (d).
- (b)(1) Any person charged under subsection (a), whose blood alcohol concentration is eight one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis of a blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall not preclude a conviction based on other admissible evidence. Proof of guilt under this section may also be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of these, to a degree that rendered the person incapable of safely operating a vehicle. The fact that any person charged with violating this section is, or has been, legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section.
- (2) Whoever drives, or otherwise operates, any vehicle in the state with a blood presence of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by analysis of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as provided in subsection (d).
- (c) In any criminal prosecution for a violation of subsection (a), evidence as to the amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, in the defendant’s blood at the time alleged as shown by a chemical analysis of the defendant’s breath, blood, or urine or other bodily substance, shall be admissible and competent
Rhode Island DUI Laws – statute(s)
- I. Gen.Laws § 31-27-2.
Rhode Island DUI Laws – standard
- “Whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating . . . drugs, . . .. or any controlled substance as defined [by law], . . . . shall be guilty of a misdemeanor . . . .” R.I. Gen.Laws § 31-27-2(a).
Rhode Island DUI Laws – applicable substances
- Drug or controlled substance. DUI – affirmative defense None. “The fact that any person charged with violating this section is, or has been, legally entitled to . . . a drug shall not constitute a defense against any charge of violating this section.” R.I. Gen.Laws § 31-27-2(b)(1).
Rhode Island Per se – statute(s)
- I. Gen.Laws § 31-27-2.
Rhode Island Per se – standard
- “Whoever drives, or otherwise operates, any vehicle in the state with a blood presence of any scheduled controlled substance . . . shall be guilty of a misdemeanor . . . .” R.I. Gen.Laws § 31-27-2(b)(2).
Rhode Island Per se – applicable substances
- Scheduled controlled substance.
Rhode Island Per se – affirmative defense(s)
Rhode Island Implied consent – applicable drivers
- Any person who operates a motor vehicle within Rhode Island. R.I. Gen.Laws § 31-27-2.1(a). Implied consent – tests authorized Chemical tests of breath, blood, and/or urine. R.I. Gen.Laws § 31-27-2.1(a). Implied consent – basis for test LEO must have “reasonable grounds to believe” the driver was operating the vehicle in violation of drugged driving laws. R.I. Gen.Laws § 31-27-2.1(a).
