Warwick DUI Accident

As reported in the April 10 and 11, 2011 editions of the Providence Journal, a Warwick woman has been charged with  drunk driving - serious injury resulting and  refusing to submit to a chemical test - 2 ^nd offense.  The charges stem from a motor vehicle accident, which occurred on Friday night.  The woman's car crossed the median and hit another vehicle, which had a woman and five (5) children as passengers.  They were all transported to local hospitals.  The driver was taken to the police station, where she refused to submit to a chemical test.  Pursuant to a recent law, the police were able to obtain a warrant for her blood because serious injury occurred.

Pursuant to Rhode Island General Law 31-27-2.6 defines drunk driving - serious injury resulting as when serious bodily injury of any person other than the operator is caused by the operation of any motor 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 serious bodily injury. As used in this section, "serious bodily injury" means physical injury that creates a substantial risk of death or causes serious physical disfigurement or protracted loss or impairment of the function of any bodily member or organ.

The penalties include:

 Any person charged with the commission of the offense set forth in subsection (a) of this section shall, upon conviction, be punished by imprisonment for not less than one year and for not more than ten (10) years and by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000). The sentencing judge shall have the discretion to sentence the person to any unit of the adult correctional institutions. The license of the person may be revoked for a period of up to two (2) 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 refusal to issue a license and until the person gives proof of financial responsibility pursuant to chapter 32 of this title. In addition, the person convicted may be required to successfully complete alcohol or drug treatment, at their own expense, in a program established by the director of the department of corrections.

The first time a person is charged with refusal to submit to a chemical test, it is a civil charge and is heard before the Rhode Island Traffic Tribunal.  However, a refusal to submit to a chemical test- 2 ^nd offense is a criminal charge.  Pursuant to R.I.G.L. 31-27-2.1, the penalties include imprisonment for not more than six (6) months and shall pay a fine in the amount of six hundred dollars ($600) to one thousand dollars ($1,000), order the person to perform sixty (60) to one hundred (100) hours of public community restitution, and the person's driving license in this state shall be suspended for a period of one year to two (2) years. The judge shall require alcohol and/or drug treatment for the individual.