RI Supreme Court Rules on DUI – Death Case

As reported by John Hill in the April 18, 2011 edition of the Providence Journal, an East Greenwich case involving drunk driving - death resulting, was heard by the Rhode Island Supreme Court.  An underage driver was charged with two (2) counts of drunk driving- death resulting.  She was sentenced to serve ten (10) years in prison.  Last year, a Superior Court Judge allowed her to be transferred to a work release program.  The Supreme Court recently overruled the Superior Court Judge's decision.

Pursuant to Rhode Island General Law 31-27-2.2 defines drunk driving - death resulting as when the death of any person other than the operator ensues as a proximate result of an injury received by the operation of any vehicle, the operator of which is under the influence of any intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, the person so operating the vehicle shall be guilty of "driving under the influence of liquor or drugs, resulting in death".

The penalties include:

Every person convicted of a first violation shall be punished by imprisonment in the state prison for not less than five (5) years and for not more than fifteen (15) years, in any unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) and his or her license to operate a motor vehicle shall be revoked for a period of five (5) years. The license privilege shall not be reinstated until evidence satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist which would authorize the refusal to issue a license, and until the person gives proof of financial responsibility pursuant to chapter 32 of this title.

   (ii) In addition, the person convicted may be required to successfully complete alcohol or drug treatment in a program of their choice, at their own expense, as authorized by a judge of the superior court, and may successfully complete the program before any license to operate a motor vehicle is renewed.