To make Rhode Island's penalties for driving under the influence resulting in death among the strongest in the nation, Attorney General Peter F. Kilmartin has filed legislation to increase the maximum penalty from 15 years to 30 years to serve, fines not to exceed $20,000 and license revocation for up to 10 years.
"There is no excuse for anyone to get behind the wheel of a motor vehicle impaired. It is a conscious choice, and the penalties for doing so and taking the life of another individual should be harsher," said Attorney General Kilmartin. "Strict penalties, increased enforcement and a commitment to education and outreach have led to a decline in the number of deaths as a result of people driving drunk on our roadways. But, even one death is too many for the families of those who lost their lives at the hands of a drunk driver."
Kilmartin's legislation (S0640), sponsored by Senator V. Susan Sosnowski (D, District 37, New Shoreham, South Kingstown), would also increase penalties for anyone convicted of driving under the influence resulting in serious bodily injury from a maximum of 10 years to 20 years, increase fines from $1,000 to $10,000 and a license revocation from three years to a maximum of five years.
"The sad truth is that many offenders, especially those who have been caught driving under the influence, don't learn until they cause permanent injury to someone, or even death," Senator Sosnowski said. "It's time Rhode Island created a tough penalty that makes sense. My hope is that someone facing 30 years of prison instead of 15 might think a little harder about what they're doing when they get behind the wheel. One driving fatality is one too many."
The legislation would also increase penalties for those convicted of driving to endanger (reckless driving) resulting in death of serious bodily injury. Currently, those in violation of driving as to endanger resulting in death are subject to imprisonment for up to 10 years. This legislation would increase the imprisonment time to up to 20 years. Currently, those in violation of driving as to endanger resulting in serious bodily injury are subject to imprisonment for up to five years. This act would increase the imprisonment time to up to 10 years.
The legislation is scheduled to be heard before the Senate Judiciary Committee on Tuesday, March 10, 2015.
Driving Injury Offenses In a separate act (S0628), sponsored by Senator Sosnowski, Attorney General Kilmartin proposes creating a criminal offense of driving under the influence resulting in injury. This act would address the situation where injury results from driving under the influence, but does not meet the standard of "serious bodily injury." Those in violation would be guilty of a felony and subject to imprisonment for not more than three years and have his or her license to operate a motor vehicle suspended for not more than one year.
The legislation is scheduled to be heard before the Senate Judiciary Committee on Tuesday, March 10, 2015.
Extending the "Look Back" Period to 10 Years H5460/S0629, introduced by Representative Gregg Amore (D, District 65, East Providence) and Senator Sosnowski, would increase the "look back" period on repeat alcohol-related offenses from five years to 10 years. The legislation is scheduled to be heard before the House Committee on Judiciary and the Senate Judiciary Committee on Tuesday, March 10, 2015. According to the Century Council's Hardcore Drunk Driving Sourcebook, a majority of jurisdictions have a "look back" period of 10 years. In fact, Rhode Island is the only New England state with a "look back" period of less than 10 years.
The 10 year "look back" period is supported by the National Highway Safety Administration, Mothers Against Drunk Driving and the National Hardcore Drunk Driver Project.
"Our current statute includes a dangerous loophole that allows habitual drunk drivers to be treated as first time offenders, threatening the lives of citizens on our roads every day. Moreover, by holding repeat offenders more accountable, we may also address the issues with alcohol abuse they may face and get them the help they need," concluded Attorney General Kilmartin.
"We know that many drunk drivers are recidivists. This bill acknowledges that fact, while giving the courts another tool to keep Rhode Island's roads safe," said Representative Amore.