§ 31-27-2.6. Driving under the influence of liquor or drugs, resulting in serious bodily injury.
(a) 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.
(b) As used in this section, "serious bodily injury� means physical injury that creates
a subs
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§ 31-27-2.6. Driving under the influence of liquor or drugs, resulting in serious bodily injury.
(a) 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.
(b) 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.
(c) 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.
(d) For a second or subsequent conviction under this section within a five (5) year period,
a person shall be punished by imprisonment for not less than two (2) years nor more
than fifteen (15) years and by a fine of not less than three thousand dollars ($3,000)
nor more than ten thousand dollars ($10,000). The sentencing judge shall have the
discretion to sentence the person to any unit of the adult correctional institutions.
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 license of the person may be revoked for a period
of up to four (4) years. The license privilege shall not thereafter 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.