Introduced by Senator Illuzzi of Essex-Orleans District
Subject: Motor vehicles; drunken driving; civil suspension; form of affidavit
Statement of purpose: This bill proposes to clarify that a law enforcement officer’s affidavit in support of a DUI civil suspension is sufficient if it states that the person’s alcohol concentration was 0.08 or more at the time the person was operating, attempting to operate, or in actual physical control of the vehicle.
AN ACT RELATING TO LAW ENFORCEMENT OFFICERS’ AFFIDAVITS IN CIVIL SUSPENSION HEARINGS FOR OPERATING UNDER THE INFLUENCE
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 23 V.S.A. § 1205(b) is amended to read:
§ 1205. CIVIL SUSPENSION; SUMMARY PROCEDURE
(b) Form of officer’s affidavit. A law enforcement officer’s affidavit in support of a suspension under this section shall be in a standardized form for use throughout the state and shall be sufficient if it contains the following statements:
(1) The officer is a certified law enforcement officer.
(2) The officer who administered the test was certified to operate the testing equipment.
(3) The officer had reasonable grounds to believe the person was operating, attempting to operate or in actual physical control of a vehicle in violation of section 1201 of this title (noting the time and date of operating, attempting to operate or being in actual physical control).
(4) The officer informed the person of his or her rights under subsection 1202(d) of this title.
(5) The officer obtained an evidentiary test (noting the time and date the test was taken) and the test indicated that the person’s alcohol concentration was 0.08 or more at the time the person was operating, attempting to operate, or in actual physical control of a vehicle in violation of section 1201 of this title, or the person refused to submit to an evidentiary test.
(6) The officer complied with the Soldiers and Sailors Civil Relief Act (50 U.S.C. § 501 et seq.).
(7) The officer confirmed the person’s correct mailing address.
The Vermont General Assembly
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