Vermont H 637: An act relating to increasing income eligibility thresholds for the Medicare Savings Programs

Bill Text

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H.637 1
Introduced by Representatives Goodnow of Brattleboro and LaLonde of South 2
Burlington 3
Referred to Committee on 4
Date: 5
Subject: Motor vehicles; crimes; operating a vehicle under the influence of 6
alcohol or other substances 7
Statement of purpose of bill as introduced: This bill proposes to make several 8
changes to the laws concerning operating a vehicle under the influence of 9
alcohol or other substances. 10
An act relating to operating a vehicle under the influence of alcohol or other 11
substances 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. 23 V.S.A. § 1201 is amended to read: 14
§ 1201. OPERATING VEHICLE UNDER THE INFLUENCE OF 15
ALCOHOL OR OTHER SUBSTANCE; CRIMINAL REFUSAL; 16
ENHANCED PENALTY FOR BAC OF 0.16 OR MORE 17
* * * 18
(h) As used in subdivision subdivisions (a)(2) and (a)(3) of this section, 19
“under the influence of a drug” means that a person’s ability to operate a motor 20

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vehicle safely is diminished or impaired in the slightest degree mental or 1
physical abilities are diminished, impaired, or affected in the slightest degree 2
by alcohol, a drug other than alcohol, or a combination of alcohol and another 3
drug. This subsection shall not be construed to affect the meaning of the term 4
“under the influence of alcohol.” 5
* * * 6
(j) A person suspected of violating this section shall submit to the 7
collection of an evidentiary blood or saliva sample when a warrant for that 8
person’s blood or saliva is issued pursuant to subdivision 1202(f)(1) of this 9
title. This subsection shall not be construed as impairing a person’s right to 10
challenge the validity of a search warrant in any subsequent legal proceedings. 11
Sec. 2. 23 V.S.A. § 1202 is amended to read: 12
§ 1202. CONSENT TO TAKING OF TESTS TO DETERMINE BLOOD 13
ALCOHOL CONTENT OR PRESENCE OF OTHER DRUG 14
(a)(1) Implied consent. Every person who operates, attempts to operate, or 15
is in actual physical control of any vehicle on a highway in this State is deemed 16
to have given consent to an evidentiary test of that person’s breath for the 17
purpose of determining the person’s alcohol concentration or the presence of 18
other drug in the blood. The test shall be administered at the direction of a law 19
enforcement officer. 20

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(2) Blood test. If breath testing equipment is not reasonably available or 1
if the officer has reason to believe that the person is unable to give a sufficient 2
sample of breath for testing or if the law enforcement officer has reasonable 3
grounds to believe that the person is under the influence of a drug other than 4
alcohol or a combination of alcohol and another drug, the person is deemed to 5
have given consent to the taking of an evidentiary sample of blood. If in the 6
officer’s opinion the person is incapable of decision or unconscious or dead, it 7
is deemed that the person’s consent is given and a sample of blood shall be 8
taken. A blood test sought pursuant to this subdivision shall be obtained 9
pursuant to subsection (f) of this section. 10
* * * 11
Sec. 3. 23 V.S.A. § 1210 is amended to read: 12
§ 1210. PENALTIES 13
* * * 14
(b) First offense. A person who violates section 1201 of this title may be 15
fined not more than $750.00 or imprisoned for not more than two years, or 16
both. 17
(c) Second offense. A person convicted of violating who violates section 18
1201 of this title who has been convicted of another violation of that section 19
within the last 20 years preceding the date of the second violation shall be 20
fined not more than $1,500.00 or imprisoned not more than two years, or both. 21

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At least 80 hours of community service shall be performed, or 60 consecutive 1
hours of the sentence of imprisonment shall be served and may not be 2
suspended or deferred or served as a supervised sentence, except that credit for 3
a sentence of imprisonment may be received for time served in a residential 4
alcohol facility pursuant to sentence if the program is successfully completed. 5
(d) Third offense. A person convicted of violating who violates section 6
1201 of this title who has previously been convicted two times of a violation of 7
that section, including at least one violation conviction within the last 20 years 8
preceding the date of the third violation, shall be fined not more than $2,500.00 9
or imprisoned not more than five years, or both. At least 96 consecutive hours 10
of the sentence of imprisonment shall be served and may not be suspended or 11
deferred or served as a supervised sentence, except that credit for a sentence of 12
imprisonment may be received for time served in a residential alcohol facility 13
pursuant to sentence if the program is successfully complete