Vermont H 44: An act relating to miscellaneous amendments to the laws governing impaired driving

Bill Text

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No. 41. An act relating to miscellaneous amendments to the laws
governing impaired driving.
(H.44)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 4 V.S.A. § 33 is amended to read:
§ 33. JURISDICTION; FAMILY DIVISION
(a) Notwithstanding any other provision of law to the contrary, the Family
Division shall have exclusive jurisdiction to hear and dispose of the following
proceedings filed or pending on or after October 1, 1990:
* * *
(8) All juvenile proceedings filed pursuant to 33 V.S.A. chapters 51, 52,
52A, and 53, including proceedings involving “youthful offenders” pursuant to
33 V.S.A. § 5281 whether the matter originated in the Criminal or Family
Division of the Superior Court, except for a proceeding charging the holder of
a commercial driver’s license or commercial learner’s permit as defined in 23
V.S.A. § 4103 with an offense or violation listed in 23 V.S.A. § 4116 that
would result in the license holder being disqualified from driving a commercial
motor vehicle if convicted or operating a commercial motor vehicle with any
offense or violation of any traffic control law other than parking, vehicle
weight, or vehicle defect violations.
* * *
(b) The Family Division of the Superior Court has jurisdiction to hear and
dispose of proceedings involving misdemeanor motor vehicle offenses filed or

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pending on or after July 1, 2016, pursuant to 33 V.S.A. §§ 5201, 5203, and
5280, and 5281. The Family Division of the Superior Court shall forward a
record of any conviction or adjudication for violation of a law related to motor
vehicle traffic control, other than a parking violation, to the Commissioner of
Motor Vehicles pursuant to 23 V.S.A. § 1709. As used in this subsection,
“conviction” has the same meaning as in 23 V.S.A. § 4(60).
Sec. 2. 23 V.S.A. chapter 13, subchapter 13 is amended to read:
Subchapter 13. Drunken Driving
§ 1200. DEFINITIONS
As used in this subchapter:
* * *
(11) “Serious bodily injury” has the same meaning as in 13 V.S.A.
§ 1021(a)(2)(A).
§ 1201. OPERATING VEHICLE UNDER THE INFLUENCE OF
ALCOHOL OR OTHER SUBSTANCE; CRIMINAL REFUSAL;
ENHANCED PENALTY FOR BAC OF 0.16 OR MORE
(a) A person shall not operate, attempt to operate, or be in actual physical
control of any vehicle on a highway:
(1) when the person’s alcohol concentration is:
(A) 0.08 or more; or
(B) 0.02 or more if the person is operating a school bus as defined in
subdivision 4(34) of this title; or

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(C) 0.04 or more if the person is operating a commercial vehicle as
defined in subdivision 4103(4) of this title; or
(2) when the person is under the influence of alcohol; or
(3) when the person is under the influence of any other drug or under the
combined influence of alcohol and any other drug.
(b) A person who has previously been convicted of a violation of this
section shall not operate, attempt to operate, or be in actual physical control of
any vehicle on a highway and refuse a law enforcement officer’s reasonable
request under the circumstances for an evidentiary test where the officer had
reasonable grounds to believe the person was in violation of subsection (a) of
this section.
(c) A person shall not operate, attempt to operate, or be in actual physical
control of any vehicle on a highway and be involved in a crash or collision
resulting in serious bodily injury or death to another and refuse a law
enforcement officer’s reasonable request under the circumstances for an
evidentiary test where the officer has reasonable grounds to believe the person
has any amount of alcohol or drugs in his or her the person’s system.
(d)(1) A person who is convicted of a second or subsequent violation of
subsection (a), (b), or (c) of this section when the person’s alcohol
concentration is proven to be 0.16 or more shall not, for three years from the
date of the conviction for which the person’s alcohol concentration is 0.16 or
more, operate, attempt to operate, or be in actual physical control of any

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vehicle on a highway when the person’s alcohol concentration is 0.02 or more.
The prohibition imposed by this subsection shall be in addition to any other
penalties imposed by law.
(2) A person shall not operate, attempt to operate, or be in actual
physical control of any vehicle on a highway when the person’s alcohol
concentration is 0.02 or more if the person has previously been convicted of a
second or subsequent violation of subsection (a), (b), or (c) of this section
within the preceding three years and the person’s alcohol concentration for the
second or subsequent violation was proven to be 0.16 or greater. A violation
of this subsection shall be considered a third or subsequent violation of this
section and shall be subject to the penalties of subsection 1210(d) of this title.
(e) The fact that a person charged with a violatio