Vermont § 3325 - Permissive inferences
Full text of Vermont Vermont Statutes Online § 3325 — Permissive inferences, with citation guidance and answers to common questions.
§ 3325. 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 vessel on the waters of this State, the amount of alcohol in
the person’s blood or breath at the time alleged as shown by analysis of the person’s
blood or breath shall give rise to the following permissive inferences or presumptions: (1) If there was at that time 0.05 percent or less by weight of alcohol in the person’s
blood or breath, it shall be presumed that the person was not under the influence
of alcohol. (2) If there was at that time in excess of 0.05 percent but less than 0.08 percent by
weight of alcohol in the person’s blood or breath, such fact shall not give rise to
any presumption or permissive inference that the person was or was not under the influence
of alcohol, but such fact may be considered with other competent evidence in determining
whether the person was under the influence of alcohol. (3) If there was at that time 0.08 percent or more by weight of alcohol in the person’s
blood or breath, as shown by analysis of the person’s blood or breath, it shall be
a permissive inference that the person was under the influence of alcohol in violation
of section 3323 of this title. (4) If there was at any time within two hours of the alleged offense 0.10 percent or more
by weight of alcohol in the person’s blood or breath as shown by analysis of the person’s
blood or breath, it shall be a permissive inference that the person was under the
influence of alcohol in violation of subdivision 3323(a)(2) or (3) of this title. (b) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol
per one hundred cubic centimeters of blood. (c) The foregoing provisions shall not be construed as limiting the introduction of any
other competent evidence bearing upon the question whether the person was under the
influence of alcohol, nor shall they be construed as requiring that evidence of the
amount of alcohol in the person’s blood or breath must be preserved. (Added 1989, No. 65, § 14; amended 1997, No. 57, § 5; 2017, No. 83, § 161(4).)
Frequently Asked Questions About Vermont § 3325
What does Vermont Statutes Online § 3325 cover?
Section 3325 ("Permissive inferences") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Vermont § 3325?
A common citation format is "Vermont Statutes Online § 3325" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Vermont law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.
How does Vermont § 3325 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.