When Is Evidentiary Testing Required?
Evidentiary testing is also required of the surviving operator of a fatal accident or collision, or a collision resulting in serious bodily injury, when the law enforcement officer reasonably believes the person has any amount of alcohol or other drug in their system. 23 V.S.A. §1202(a)(4). Anyone who submits to an evidentiary infrared breath sample has the right to a second infrared breath sample. Anyone who actually submits to evidentiary testing has the right to independent blood testing at their own expense. If the police release the motorist and the motorist has a ride, the motorist must arrange for the blood test. If the motorist is being incarcerated or if they cannot arrange for transportation for independent blood testing, the police must provide transportation for independent testing. See, 23 V.S.A. §1203(a)(e).
Other Vermont Drunk Driving Defense FAQs
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Q:
What Are The Vermont Laws For Dui?
A: Driving With Alcohol Concentration .08% or more, 23 V.S.A. §1201(a)(1). Driving Under The Influence of Intoxicating Liquor, 23 V.S.A. … More -
Q:
What Are The Penalties For A First Offense?
A: maximum fine of $750.00 or maximum imprisonment of two years or both, 23 V.S.A. §1210(b). -
Q:
What Are The Penalties For A Second Offense?
A: maximum fine of $1,500.00 or maximum imprisonment of two years or both, but 48 consecutive hours of imprisonment mandatory, 23 V.S.A. §1210(c). -
Q:
What Are The Penalties For A Third Offense?
A: maximum fine of $2,500.00 or maximum imprisonment of 5 years or both. Third or subsequent offense is a felony. 23 V.S.A. §1210(d). -
Q:
What Are The Penalties For A Dui With A Resulting Death?
A: maximum fine of $10,000 or imprisonment of at least one year but not more than 15 years, or both. Serious Bodily Injury Resulting is a felony. 23 V.S.A. §1210(f). -
Q:
Besides The Fines, Are There Other Fees?
A: In addition to fines, the Court must impose the following surcharges: (a) $60.00 for conviction of 23 V.S.A. §1201 for Department of Health Laboratory … More -
Q:
What Is The Suspension Period For A First Offense?
A: 90 days and until compliance with 23 V.S.A. §1209(a). See, 23 V.S.A. §1206. -
Q:
What Is The Suspension Period For A Second Offense?
A: 18 months and until compliance with 23 V.S.A. §1209(a). See 23 V.S.A. §1209(a). -
Q:
What Is The Suspension Period For A Third Offense?
A: suspension for life. See V.S.A. §1208(b). The suspension is reduced to 3 years after 2 years of alcohol abstinence, after successful completion of a therapy … More -
Q:
What Is The Suspension Period For A Test Refusal?
A: 6 months for a first offense accompanied by a refusal of evidentiary testing. Compliance with 23 V.S.A. §1209(a) required before reinstatement.
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