Then two days later a budget bill was passed that included an amendment calling for a $200 assessment for each driving under the influence offense. The second bill however included language referring to the old, shorter driver’s license suspension.

The ensuing conflict has brought into question the admissibility of dozens of drunk driving cases where the motorist refused to take a breath test. The Rhode Island Supreme Court has agreed to hear the case and its ruling could affect drinking and driving cases dating back to 2006 when the laws were enacted.

The state Attorney General’s Office has said that the second bill only references the old penalties for context and has instructed law enforcement agencies to enforce both laws. Rhode Island DUI defense attorneys argue that DUI suspects are being given incorrect and misleading information before they decide whether or not to submit to a breath test.

At first many judges agreed to the defense position, though a three-judge appeal panel of tribunal judges ruled that the DUI cases should not be dismissed. When one case was appealed to Rhode Island Superior Court the judge ruled that the second law effectively repealed the first signed just two days earlier. This set up the case to be presented to the Supreme Court in the next few months.

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