Vermont DUI laws state that it is against the law to drive under the influence (DUI) of drugs and/or alcohol. Anyone who is operating a motor vehicle who has a BAC (Blood Alcohol Concentration) of 0.08% or more is considered to be driving under the influence:
Vermont DUI Laws – statute(s)
- 23 V.S.A. § 1201.
Vermont DUI Laws – standard
- “A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway: . . . when the person is under the influence of any other drug [besides alcohol] . . . .” 23 V.S.A. § 1201(a)(3).
Vermont DUI Laws – applicable substances
- Any drug. “Drug” means: (1) a regulated drug as defined in 18 V.S.A. § 4201; or (2) 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. 23 V.S.A. § 1200(2).
Vermont DUI Laws – affirmative defense
- “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.” 23 V.S.A. § 1201(e).
Vermont Per se – statute(s)
Vermont Per se – standard
- N/A
Vermont Per se – applicable substances
- N/A
Vermont Per se – affirmative defense(s)
- N/A
Vermont Implied consent – applicable drivers
- Every person who operates or attempts to operate a vehicle on a highway in Vermont. 23 V.S.A. § 1202(a)(1).
Vermont Implied consent – tests authorized
- Evidentiary test of breath or blood. 23 V.S.A. § 1202(a).
Vermont Implied consent – basis for test
- Breath test can be required by LEO if they have “reasonable grounds to believe” that the driver was driving under the influence. 23 V.S.A. § 1202(a)(3).
- Blood test is available where breath test equipment is unavailable, or LEO has “reasonable grounds to believe” that the driver is under the influence of a drug other than alcohol. 23 V.S.A. § 1202(a)(2).
- Test is also required if the person is the surviving operator of a motor vehicle involved in a fatal incident or collision or an incident or collision resulting in serious bodily injury and LEO has “reasonable grounds to believe” that the person has any amount of alcohol or other drug in his or her system. 23 V.S.A. § 1202(a)(4).
Vermont Implied consent – evidence of refusal
- Refusal can be introduced as evidence in a criminal proceeding. 23 V.S.A. § 1202(b).
