Vermont Statutes Annotated Title 23: Motor Vehicles, Chapter 13 (Operation of Vehicles) Section 1201
Type of DUID Law: Under the influence: Incapacity
23 Section 1201
- A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway:
- …
- (3) when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely
Type of Drugs Prohibited:
A regulated drug as defined in section 4201 of Title 18; or any substance or combination of substances, other than alcohol, which affects the nervous system, brain, or muscles of a person so as to impair, noticeably and appreciably, a person’s ability to drive a vehicle safely.
Possible Defenses Allowed by Statute:
Legal entitlement to use a drug shall not constitute a defense against any charge of violating section1201. While not unique to the charge of driving under the influence of a drug other than alcohol, 23 VSA § 1201(f) provides that “the defendant may assert as an affirmative defense that the person was not operating…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.”
Implied Consent for Drugs § 1202: Yes
Special Circumstances:
A driver who refuses a test and who is involved in an accident resulting in bodily injury or death may be compelled to submit via a search warrant.
Marijuana in vehicle
- Vermont allows the medicinal use of marijuana by certain registered patients. Vermont law, however, does not specifically address the use of marijuana in a vehicle.
Reference: Drugged Driving: 2016 Summary of Key Provisions of State Laws
