Vermont § 1201 - Operating vehicle under the influence of alcohol or other substance; criminal refusal; enhanced penalty for BAC of 0.16 or more

§ 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 (B) 0.02 or more if the person is operating a school bus as defined in subdivision 4(34) of this title; or (C) 0.04 or more if the person is operating a commercial vehicle as defined in subdivision 4103(4) of this title; or (2) when the person is under the influence of alcohol; or (3) when the person is under the influence of any other drug or under the combined influence
  of alcohol and any other drug. (b) A person who has previously been convicted of a violation of this section shall not
  operate, attempt to operate, or be in actual physical control of any vehicle on a
  highway and refuse a law enforcement officer’s reasonable request under the circumstances
  for an evidentiary test where the officer had reasonable grounds to believe the person
  was in violation of subsection (a) of this section. (c) A person shall not operate, attempt to operate, or be in actual physical control of
  any vehicle on a highway and be involved in a crash or collision resulting in serious
  bodily injury or death to another and refuse a law enforcement officer’s reasonable
  request under the circumstances for an evidentiary test where the officer has reasonable
  grounds to believe the person has any amount of alcohol or drugs in the person’s system. (d)(1) A person who is convicted of a second or subsequent violation of subsection (a), (b),
  or (c) of this section when the person’s alcohol concentration is proven to be 0.16
  or more shall not, for three years from the date of the conviction for which the person’s
  alcohol concentration is 0.16 or more, operate, attempt to operate, or be in actual
  physical control of any vehicle on a highway when the person’s alcohol concentration
  is 0.02 or more. The prohibition imposed by this subsection shall be in addition to
  any other penalties imposed by law. (2) A person shall not operate, attempt to operate, or be in actual physical control of
  any vehicle on a highway when the person’s alcohol concentration is 0.02 or more if
  the person has previously been convicted of a second or subsequent violation of subsection
  (a), (b), or (c) of this section within the preceding three years and the person’s
  alcohol concentration for the second or subsequent violation was proven to be 0.16
  or greater. A violation of this subsection shall be considered a third or subsequent
  violation of this section and shall be subject to the penalties of subsection 1210(d) of this title. (e) The fact that a person charged with a violation of this section is or has been entitled
  to use a drug under the laws of this State shall not constitute a defense against
  any charge of violating this section. (f) A person may not be convicted of more than one violation of subsection (a) or (j)
  of this section arising out of the same incident. (g) For purposes of this section and section 1205 of this title, the defendant may assert as an affirmative defense that the person was not operating,
  attempting to operate, or in actual physical control of the vehicle because the person: (1) had no intention of placing the vehicle in motion; and (2) had not placed the vehicle in motion while under the influence. (h) As used in subdivision (a)(3) of this section, “under the influence of a drug” means
  that a person’s ability to operate a motor vehicle safely is diminished or impaired
  in the slightest degree. This subsection shall not be construed to affect the meaning
  of the term “under the influence of alcohol.” (i) Evidence of the results of a standardized field sobriety test conducted by a law enforcement
  officer trained in Advanced Roadside Impaired Driving Enforcement or a certified Drug
  Recognition Expert’s systematic evaluation of observable signs and symptoms of a person
  charged with a violation of this section shall be presumptively admissible at trial
  to demonstrate whether or not the person was operating under the influence in violation
  of this section. (j) A person suspected of violating this section shall submit to the collection of an
  evidentiary blood sample when a warrant for that person’s blood is issued pursuant
  to subdivision 1202(f)(1) of this title. This subsection shall not be construed as impairing a person’s right to challenge
  the validity of a search warrant in any subsequent legal proceedings. (Added 1969, No. 267 (Adj. Sess.), § 1; amended 1973, No. 16, § 1, eff. March 1, 1973; 1973, No. 79, § 1, eff. May 23, 1973; 1975, No. 10, § 2, eff. April 9, 1975; 1981, No. 103, §§ 2, 2a; 1983, No. 212 (Adj. Sess.), § 5; 1989, No. 68, § 2, eff. Dec. 1, 1989; 1991, No. 55, § 2; 1997, No. 56, § 1, eff. Aug. 1, 1997; 1999, No. 116 (Adj. Sess.), § 2; 1999, No. 160 (Adj. Sess.), § 15; 2001, No. 146 (Adj. Sess.), § 1; 2005, No. 37, § 1; 2007, No. 195 (Adj. Sess.), § 4; 2011, No. 56, § 3; 2013, No. 169 (Adj. Sess.), § 1, eff. June 3, 2014; 2017, No. 83, § 161(4); 2019, No. 59, § 27; 2019, No. 164 (Adj. Sess.), § 22, eff. Jan. 1, 2022; 2025, No. 41, § 2, eff. July 1, 2025.)