Vermont § 3326 - Refusals; sanctions
Full text of Vermont Vermont Statutes Online § 3326 — Refusals; sanctions, with citation guidance and answers to common questions.
§ 3326. Refusals; sanctions
- (a) Refusals. If the person refuses to submit to an evidentiary test, it shall not be given, but
the refusal may be introduced as evidence in a criminal proceeding. If the person
is charged with a violation of this subchapter, the court at the arraignment or as
soon thereafter as is practicable shall hold a summary hearing, and take evidence
relating to the reasonableness of the officer’s belief that the defendant was operating,
attempting to operate, or in actual physical control of a vessel on the waters of
this State while under the influence of alcohol or other drugs, or both. (b) Penalty; first refusal. Upon a finding by the court that the officer had reasonable grounds to believe that
the defendant was so operating, attempting to operate, or in actual physical control
of a vessel on the waters of this State, the court shall impose a civil penalty of
not more than $750.00. In addition, the person’s privilege to operate a vessel, except
a nonmotorized canoe and a nonmotorized rowboat, on the waters of this State shall
be suspended for a period of one year and until the person complies with section 1209a of this title. (c) Second occurrence after five years. Upon a second refusal to submit to testing and upon a finding by the court under subsection
(a) of this section, if the second offense occurs more than five years after the date
of the first offense for which a refusal was given, the court shall impose the same
penalty and suspension as for a first refusal under this section. (d) Second occurrence within five years. Upon a second refusal to submit to testing and upon a finding by the court under subsection
(a) of this section, if the offense occurred within five years of the date of the
offense for which there was a first refusal by that person, and upon final determination
of an appeal, the court shall impose a civil penalty of not more than $1,000.00.
In addition, the person’s privilege to operate a vessel, except a nonmotorized canoe
and a nonmotorized rowboat, on the waters of this State shall be suspended for a period
of two years and until the person complies with section 1209a of this title. (Added 1989, No. 65, § 14; amended 2017, No. 83, § 161(4).)
Frequently Asked Questions About Vermont § 3326
What does Vermont Statutes Online § 3326 cover?
Section 3326 ("Refusals; sanctions") 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 § 3326?
A common citation format is "Vermont Statutes Online § 3326" (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 § 3326 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.