Vermont H 123: An act relating to a vehicle miles traveled tax for plug-in electric vehicles

Bill Text

BILL AS INTRODUCED H.123
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VT LEG #379986 v.2
H.123 1
Introduced by Representative Arsenault of Williston 2
Referred to Committee on 3
Date: 4
Subject: Motor vehicles; operation of vehicles; drunken driving; driving while 5
ability impaired 6
Statement of purpose of bill as introduced: This bill proposes to create a new 7
civil violation for driving while ability impaired. Under this new violation, a 8
person will commit such an offense when the person’s blood alcohol content is 9
not less than 0.06 but not exceeding 0.079. In the proposed bill, a person 10
adjudicated of the civil violation would be subject to a civil penalty of not 11
more than $500.00 and the same suspension of driving privileges as someone 12
convicted of driving under the influence, but the person would not have an 13
entry on the person’s criminal record. 14
An act relating to driving while ability impaired 15
It is hereby enacted by the General Assembly of the State of Vermont: 16
Sec. 1. 23 V.S.A. § 1201 is amended to read: 17
§ 1201. OPERATING VEHICLE UNDER THE INFLUENCE OF 18
ALCOHOL OR OTHER SUBSTANCE; CRIMINAL REFUSAL; 19
ENHANCED PENALTY FOR BAC OF 0.16 OR MORE 20

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VT LEG #379986 v.2
(a) Prohibition. A person shall not operate, attempt to operate, or be in 1
actual physical control of any vehicle on a highway: 2
(1) when the person’s alcohol concentration is: 3
(A) 0.08 or more; or 4
(B) 0.02 or more if the person is operating a school bus as defined in 5
subdivision 4(34) of this title; or 6
(C) 0.04 or more if the person is operating a commercial vehicle as 7
defined in subdivision 4103(4) of this title; or 8
(2) when the person is under the influence of alcohol; or 9
(3) when the person is under the influence of any other drug or under the 10
combined influence of alcohol and any other drug; or 11
(4) when the person’s ability to operate a motor vehicle is impaired by 12
the consumption of alcohol. 13
(b) Previous conviction; criminal refusal. A person who has previously 14
been convicted of a violation of this section shall not operate, attempt to 15
operate, or be in actual physical control of any vehicle on a highway and refuse 16
a law enforcement officer’s reasonable request under the circumstances for an 17
evidentiary test where the officer had reasonable grounds to believe the person 18
was in violation of subsection (a) of this section. 19
(c) Serious bodily injury or death; criminal refusal. A person shall not 20
operate, attempt to operate, or be in actual physical control of any vehicle on a 21

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VT LEG #379986 v.2
highway and be involved in a crash or collision resulting in serious bodily 1
injury or death to another and refuse a law enforcement officer’s reasonable 2
request under the circumstances for an evidentiary test where the officer has 3
reasonable grounds to believe the person has any amount of alcohol or drugs in 4
his or her the person’s system. 5
(d) Enhanced penalty for BAC of 0.16 or more. 6
(1) A person who is convicted of a second or subsequent violation of 7
subsection (a), (b), or (c) of this section when the person’s alcohol 8
concentration is proven to be 0.16 or more shall not, for three years from the 9
date of the conviction for which the person’s alcohol concentration is 0.16 or 10
more, operate, attempt to operate, or be in actual physical control of any 11
vehicle on a highway when the person’s alcohol concentration is 0.02 or more. 12
The prohibition imposed by this subsection shall be in addition to any other 13
penalties imposed by law. 14
(2) A person shall not operate, attempt to operate, or be in actual 15
physical control of any vehicle on a highway when the person’s alcohol 16
concentration is 0.02 or more if the person has previously been convicted of a 17
second or subsequent violation of subsection (a), (b), or (c) of this section 18
within the preceding three years and the person’s alcohol concentration for the 19
second or subsequent violation was proven to be 0.16 or greater. A violation 20

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VT LEG #379986 v.2
of this subsection shall be considered a third or subsequent violation of this 1
section and shall be subject to the penalties of subsection 1210(d) of this title. 2
(e) Limitation on defense. The fact that a person charged with a violation 3
of this section is or has been entitled to use a drug under the laws of this State 4
shall not constitute a defense against any charge of violating this section. 5
(f) Limitation on prosecution. A person may not be convicted of more than 6
one violation of subsection (a) of this section arising out of the same incident. 7
(g) Affirmative defense. For purposes of this section and section 1205 of 8
this title, the defendant may assert as an affirmative defense that the person 9
was not operating, attempting to operate, or in actual physical control of the 10
vehicle because the person