Vermont S 203: An act relating to penalties for second or subsequent violations of operating a motor vehicle under the influence of alcohol or drugs

Bill Text

BILLAS INTRODUCED AND PASSED BY SENATE S.203
2026 Page 1 of 3
S.203
Introduced by Senator Hashim
Referred to Committee on Judiciary
Date: January 6, 2026
Subject: Motor vehicles; operating under the influence of alcohol or drugs;
penalties
Statement of purpose of bill as introduced: This bill proposes to clarify that
the enhanced penalty for a second or subsequent violation of operating a motor
vehicle under the influence of alcohol or drugs applies when the operator has
been convicted of a previous violation of the offense within the 20 years
preceding the date of the subsequent violation, not the date of the conviction
for the subsequent violation.
An act relating to penalties for second or subsequent violations of operating
a motor vehicle under the influence of alcohol or drugs
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 23 V.S.A. § 1210 is amended to read:
§ 1210. PENALTIES
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BILLAS INTRODUCED AND PASSED BY SENATE S.203
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(b) First offense. A person who violates section 1201 of this title may be
fined not more than $750.00 or imprisoned for not more than two years, or
both.
(c) Second offense. A person convicted of violating who violates section
1201 of this title who has been convicted of another violation of that section
within the last 20 years preceding the date of the second violation shall be
fined not more than $1,500.00 or imprisoned not more than two years, or both.
At least 80 hours of community service shall be performed, or 60 consecutive
hours of the sentence of imprisonment shall be served and may not be
suspended or deferred or served as a supervised sentence, except that credit for
a sentence of imprisonment may be received for time served in a residential
alcohol facility pursuant to sentence if the program is successfully completed.
(d) Third offense. A person convicted of violating who violates section
1201 of this title who has previously been convicted two times of a violation
of that section, including at least one violation conviction within the last 20
years preceding the date of the third violation, shall be fined not more than
$2,500.00 or imprisoned not more than five years, or both. At least 96
consecutive hours of the sentence of imprisonment shall be served and may not
be suspended or deferred or served as a supervised sentence, except that credit
for a sentence of imprisonment may be received for time served in a residential
alcohol facility pursuant to sentence if the program is successfully completed.
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BILLAS INTRODUCED AND PASSED BY SENATE S.203
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The court may impose a sentence that does not include a term of imprisonment
or that does not require that the 96 hours of imprisonment be served
consecutively only if the court makes written findings on the record that such a
sentence will serve the interests of justice and public safety.
(e) Fourth or subsequent offense.
(1) A person convicted of violating who violates section 1201 of this
title who has previously been convicted three or more times of a violation of
that section, including at least one violation conviction within the last 20 years
preceding the date of the fourth violation, shall be fined not more than
$5,000.00 or imprisoned not more than 10 years, or both. At least 192
consecutive hours of the sentence of imprisonment shall be served and may not
be suspended or deferred or served as a supervised sentence, except that credit
for a sentence of imprisonment may be received for time served in a residential
alcohol treatment facility pursuant to sentence if the program is successfully
completed. The court shall not impose a sentence that does not include a term
of imprisonment unless the court makes written findings on the record that
there are compelling reasons why such a sentence will serve the interests of
justice and public safety.
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Sec. 2. EFFECTIVE DATE
This act shall take effect on passage.
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