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NO. 57. AN ACT RELATING TO ZERO ALCOHOL TOLERANCE FOR DRIVERS UNDER THE AGE OF 21 .

(H.7)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 23 V.S.A. 1216 is amended to read:

1216. PERSONS UNDER *[18]* 21; ALCOHOL CONCENTRATION OF 0.02

OR MORE

(a) A person under the age of *[18]* 21 who operates, attempts to operate or is in actual physical control of a vehicle on a highway when the person's alcohol concentration is 0.02 or more, commits a civil traffic violation subject to the jurisdiction of the traffic and municipal ordinance bureau and subject to the following sanctions:

(1) For a first violation, the person's license or privilege to operate shall be suspended for six months and until the person *[completes an alcohol and driving education program at the person's own expense]* complies with section 1209a of this title.

(2) For a second or subsequent violation, the person's license or privilege to operate shall be suspended until the person *[has submitted to an alcohol assessment screening to determine whether reinstatement should be conditioned on satisfactory completion of a therapy program agreed to by the person and the driver rehabilitation program director, and if therapy is indicated, the person has completed or shown substantial progress in completing such a therapy program at the person's own expense]* reaches the age of 21 or for one year, whichever is longer, and complies with section 1209a of this title.

(b) Notwithstanding the provisions in subsection (a) of this section to the contrary, a person’s license that has been suspended under this section shall not be reinstated until the commissioner has received satisfactory evidence that the provider of the therapy program has been paid in full.

*[(b)]*(c) A person who violates this section may also be subject to recall of his or her provisional license under section 607a of this title.

*[(c)]*(d) If a law enforcement officer has reasonable grounds to believe that a person is violating this section, the officer may request the person to submit to *[an evidentiary]* a breath test using a preliminary screening device approved by the commissioner of health. *[Unless inconsistent with this section, the provisions of sections 1202, 1203 and 1203a of this title shall apply to this section.]* A refusal to submit to *[an evidentiary]* the breath test shall be considered a violation of this section. Notwithstanding any provisions to the contrary in sections 1202 and 1203 of this title:

(1) the results of the test shall be admissible evidence in a proceeding under this section; and

(2) there shall be no statutory right to counsel prior to the administration of the test.

*[(d)]*(e) In a proceeding under this section, if there was at any time within two hours of operating, attempting to operate or being in actual physical control of a vehicle on a highway an alcohol concentration of 0.02 or more, it shall be a rebuttable presumption that the person's alcohol concentration was 0.02 or more at the time of operating, attempting to operate or being in actual physical control.

*[(e)]*(f) No fine and no points shall be assessed for a violation of this section.

*[(f)]*(g) The alcohol and driving program required under this section shall be administered by the office of alcohol and drug abuse programs and shall take into consideration *[the]* any particular treatment needs of *[minors]* operators under the age of 21.

(h) A charge of violating this section shall not bar prosecution for any crime, including a prosecution under section 1201 of this title.

Sec. 2. 23 V.S.A. 1203(i) is added to read:

(i) The commissioner of health shall adopt emergency rules relating to the operation, maintenance and use of preliminary alcohol screening devices for use by law enforcement officers in enforcing the provisions of this title. The commissioner shall consider relevant standards of the National Highway Traffic Safety Administration in adopting such rules. Any preliminary alcohol screening device authorized for use under this title shall be on the qualified products list of the National Highway Traffic Safety Administration.

Sec. 3. 23 V.S.A. 3323(a)(1) is amended to read:

(a) A person shall not operate, attempt to operate or be in actual physical control of a vessel on the waters of this state while:

(1) there is *[0.10]* 0.08 percent or more by weight of alcohol in his or her blood, as shown by analysis of his or her breath or blood; or

Sec. 4. 23 V.S.A. 3323a is added to read:

3323a. PERSONS UNDER 21; ALCOHOL CONCENTRATION OF 0.02 OR MORE

(a) A person under the age of 21 who operates, attempts to operate or is in actual physical control of a vessel on the waters of this state when the person's alcohol concentration is 0.02 or more, commits a civil traffic violation subject to the jurisdiction of the traffic and municipal ordinance bureau and subject to the following sanctions:

(1) For a first violation, the person's privilege to operate a vessel, except a nonmotorized canoe and a nonmotorized rowboat, on the waters of this state shall be suspended for six months and until the person complies with section 1209a of this title.

(2) For a second or subsequent violation, the person's privilege to operate a vessel, except a nonmotorized canoe and a nonmotorized rowboat, on the waters of this state shall be suspended until the person reaches the age of 21 or for one year, whichever is longer, and complies with section 1209a of this title.

(b) Notwithstanding the provisions in subsection (a) of this section to the contrary, a person’s privilege to operate that has been suspended under this section shall not be reinstated until the commissioner has received satisfactory evidence that the provider of the therapy program has been paid in full.

(c) If a law enforcement officer has reasonable grounds to believe that a person is violating this section, the officer may request the person to submit to a breath test using a preliminary screening device approved by the commissioner of health. Notwithstanding any provisions to the contrary in sections 1202 and 1203 of this title:

(1) the results of the test shall be admissible evidence in a proceeding under this section; and

(2) there shall be no statutory right to counsel prior to the administration of the test.

(d) A refusal to submit to a breath test shall be considered a violation of this section.

(e) In a proceeding under this section, if there was at any time within two hours of operating, attempting to operate or being in actual physical control of a vessel on the waters of this state an alcohol concentration of 0.02 or more, it shall be a rebuttable presumption that the person's alcohol concentration was 0.02 or more at the time ofoperating, attempting to operate or being in actual physical control.

(f) The alcohol program required under this section shall be administered by the office of alcohol and drug abuse programs and shall take into consideration any particular treatment needs of operators under the age of 21.

(g) A charge of violating this section shall not bar prosecution for any crime, including a prosecution under section 3323 of this title.

Sec. 5. 23 V.S.A. 3325(a)(2), (3) and (4) are amended to read:

(a) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while operating, attempting to operate or in actual physical control of a vessel on the waters of this state, the amount of alcohol in the person's blood or breath at the time alleged as shown by analysis of the person's blood or breath shall give rise to the following permissive inferences or presumptions:

* * *

(2) If there was at that time in excess of 0.05 percent but less than *[0.10]* 0.08 percent by weight of alcohol in the person's blood or breath, such fact shall not give rise to any presumption or permissive inference that the person was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor.

(3) If there was at that time *[0.10]* 0.08 percent or more by weight of alcohol in the person's blood or breath, as shown by analysis of the person's blood or breath, it shall be a permissive inference that the person was under the influence of intoxicating liquor in violation of section 3323 of this title.

(4) If there was at any time within two hours of the alleged offense, *[0.15]* 0.10 percent or more by weight of alcohol in the person's blood or breath as shown by analysis of the person's blood or breath, it shall be a permissive inference that the person was under the influence of intoxicating liquor in violation of subdivision 3323(a)(2) or (3) of this title.

Sec. 6. 23 V.S.A. 3207f is added to read:

3207f. PERSONS UNDER 21; ALCOHOL CONCENTRATION OF 0.02 OR

MORE

(a) A person under the age of 21 who operates, attempts to operate or is in actual physical control of a snowmobile on any lands, waters or public highways of this state when the person's alcohol concentration is 0.02 or more, commits a civil traffic violation subject to the jurisdiction of the traffic and municipal ordinance bureau and subject to the following sanctions:

(1) For a first violation, the person's privilege to operate a snowmobile on any lands, waters or public highways of this state shall be suspended for six months and until the person complies with section 1209a of this title.

(2) For a second or subsequent violation, the person's privilege to operate a snowmobile on any lands, waters or public highways of this state shall be suspended until the person reaches the age of 21 or for one year, whichever is longer, and complies with section 1209a of this title.

(b) Notwithstanding the provisions in subsection (a) of this section to the contrary, a person’s privilege to operate that has been suspended under this section shall not be reinstated until the commissioner has received satisfactory evidence that the provider of the therapy program has been paid in full.

(c) If a law enforcement officer has reasonable grounds to believe that a person is violating this section, the officer may request the person to submit to a breath test using a preliminary screening device approved by the commissioner of health. Notwithstanding any provisions to the contrary in sections 1202 and 1203 of this title:

(1) the results of the test shall be admissible evidence in a proceeding under this section; and

(2) there shall be no statutory right to counsel prior to the administration of the test.

(d) A refusal to submit to an evidentiary test shall be considered a violation of this section.

(e) In a proceeding under this section, if there was at any time within two hours of operating, attempting to operate or being in actual physical control of a snowmobile onthe lands, waters or public highways of this state an alcohol concentration of 0.02 or more, it shall be a rebuttable presumption that the person's alcohol concentration was 0.02 or more at the time of operating, attempting to operate or being in actual physical control.

(f) The alcohol program required under this section shall be administered by the office of alcohol and drug abuse programs and shall take into consideration any particular treatment needs of operators under the age of 21.

(g) A charge of violating this section shall not bar prosecution for any crime, including a prosecution under section 3207a of this title.

Sec. 7. 13 V.S.A. 5401(10)(B)(iv) is amended to read:

(B) A person who is convicted of any of the following offenses against a victim who is a minor:

* * *

(iv) *[prohibited acts in violation of]* white slave traffic as defined in 13 V.S.A. 2635;

Sec. 8. 24 V.S.A. 1936a(c) is added to read:

(c) A constable who is not prohibited from exercising law enforcement authority under subsection (a) of this section may transport a person arrested by the constable for a violation of 23 V.S.A. 1201 (DUI) to a police department outside the town for the purpose of DUI processing and may complete the processing if he or she has been certified by the Vermont criminal justice training council to do so.

Sec. 9. EFFECTIVE DATE

(a) This section and Secs. 7 and 8 shall take effect upon passage, Secs. 2, 3 and 5 shall take effect on July 1, 1997 and Secs. 1, 4 and 6 shall take effect on September 1, 1997.

(b) The Commissioner of Health shall begin the process of adopting emergency rules pursuant to 23 V.S.A. 1203(i) on July 1, 1997 and such rules shall be in effect on or before September 1, 1997.

Approved: June 26, 1997