§ 1200. Definitions As used in this subchapter: (1) “Alcohol concentration” means (A) the number of grams of alcohol per 100 milliliters of blood; or (B) the number of grams of alcohol per 210 liters of breath. (2) “Drug” means: (A) a regulated drug as defined in 18 V.S.A. § 4201; or (B) any substance […]
§ 1201. Operating vehicle under the influence of alcohol or other substance; criminal refusal; enhanced penalty for BAC of 0.16 or more (a) A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway: (1) when the person’s alcohol concentration is: (A) 0.08 or more; or […]
§ 1201c. Calculation of suspensions and revocations Notwithstanding any direction or order from any person or entity to the contrary, the Commissioner of Motor Vehicles shall calculate, in accordance with applicable statutes and rules, the duration of suspensions, whether and when revocations, suspensions, and reinstatements shall occur, and all other required actions and calculations. (Added […]
§ 1202. Consent to taking of tests to determine blood alcohol content or presence of other drug (a)(1) Implied consent. Every person who operates, attempts to operate, or is in actual physical control of any vehicle on a highway in this State is deemed to have given consent to an evidentiary test of that person’s […]
§ 1203. Administration of tests; retention of test and videotape (a) A breath test shall be administered only by a person who has been certified by the Vermont Criminal Justice Council to operate the breath testing equipment being employed. In any proceeding under this subchapter, a person’s testimony that he or she is certified to […]
§ 1203a. Independent chemical test; blood tests (a) A person tested has the right at the person’s own expense to have someone of the person’s own choosing administer a chemical test or tests in addition to any administered at the direction of the law enforcement officer under section 1203 of this title. The failure or […]
§ 1203b. Duty to report blood test results (a) Notwithstanding any law or court rule to the contrary, if a health care provider who is providing health services to a person in the emergency room of a health care facility as a result of a motor vehicle crash becomes aware as a result of any […]
§ 1204. Permissive inferences (a) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while operating, attempting to operate, or in actual physical control of a vehicle on a highway, the person’s alcohol concentration shall give rise to the following permissive […]
§ 1205. Civil suspension; summary procedure (a) Refusal; alcohol concentration above legal limits; suspension periods. (1) Upon affidavit of a law enforcement officer that the officer had reasonable grounds to believe that the person was operating, attempting to operate, or in actual physical control of a vehicle in violation of section 1201 of this title […]
§ 1206. Suspension of license for driving while under influence; first conviction (a) First conviction—generally. Except as otherwise provided, upon conviction of a person for violating a provision of section 1201 of this title, or upon final determination of an appeal, the court shall forward the conviction report forthwith to the Commissioner of Motor Vehicles. […]
§ 1208. Suspensions for subsequent convictions (a) Second conviction. Upon a second conviction of a person violating a provision of section 1201 of this title and upon final determination of an appeal, the court shall forward the conviction report forthwith to the Commissioner of Motor Vehicles. The Commissioner shall immediately suspend the person’s operating license […]
§ 1209a. Conditions of reinstatement; alcohol and driving education; screening; therapy programs (a) Conditions of reinstatement. No license or privilege to operate suspended or revoked under this subchapter, except a license or privilege to operate suspended under section 1216 of this title, shall be reinstated except as follows: (1) In the case of a first […]
§ 1210. Penalties (a) Screening. Before sentencing a defendant under this section, the court may order that the defendant submit to an alcohol assessment screening. Such a screening report may be considered at sentencing in the same manner as a presentence report. At sentencing, the defendant may present relevant evidence, including the results of any […]
§ 1211. Construction of cross references For the purposes of computing offenses under this chapter, references to section 1201 of this title shall be construed to include sections of present or prior law of this or any other jurisdiction that prohibited operating, attempting to operate, or being in actual physical control of a motor vehicle […]
§ 1212. Conditions of release and parole; arrest upon violation (a) At the first appearance before a judicial officer of a person charged with violation of section 1201 of this title, the court, upon a plea of not guilty, shall consider whether to establish conditions of release. Those conditions may include a requirement that the […]
§ 1213. Ignition interlock restricted driver’s license or certificate; penalties (a)(1) An individual whose license or privilege to operate is suspended or revoked under this subchapter may operate a motor vehicle, other than a commercial motor vehicle as defined in section 4103 of this title, if issued a valid ignition interlock RDL or ignition interlock […]
§ 1213a. Immobilization of vehicle (a) Immobilization. At the time of sentencing after a second or subsequent conviction under section 1201 of this title, the court may, upon the motion of the State, and in addition to any penalty imposed by law, order the motor vehicle operated by the defendant at the time of the […]
§ 1213b. Forfeiture of vehicle At the time of sentencing after a third or subsequent conviction under section 1201 of this title or after a conviction under subdivision 1130(c)(1) of this title, or upon a determination by the Parole Board that a person has violated a condition of parole requiring that the person not operate […]
§ 1213c. Immobilization and forfeiture proceedings (a) Notice. The State shall provide the following persons with notice of an immobilization or forfeiture hearing: (1) the defendant; (2) the registered owner or owners; (3) any holder of a security interest in or lien on the vehicle; and (4) any other person appearing to be an innocent […]
§ 1215. Injunctive relief If the Commissioner has not reinstated a license after the suspension or revocation period has run under this subchapter, and the person alleges he or she has complied with section 1209a of this title or alleges that the alcohol assessment screening does not indicate that therapy should be a condition of […]
