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ACT OF THE GENERAL ASSEMBLY 2007-2008

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NO. 170.  AN ACT RELATING TO OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.

(S.168)

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

Sec. 1.  23 V.S.A. § 1200 is amended to read:

§ 1200.  DEFINITIONS

As used in this subchapter,:

* * *

(2)  “Drug” means:

(A)  a regulated drug as defined in section 4201 of Title 18; or

(B)  any substance or combination of substances, other than alcohol, which affects the nervous system, brain, or muscles of a person so as to impair, noticeably and appreciably, a person’s ability to drive a vehicle safely.  

* * *

Sec. 2.  LAW ENFORCEMENT ROADSIDE ACCESS TO DEPARTMENT
             OF CORRECTIONS RECORDS

The department of public safety, the department of corrections, and the department of motor vehicles shall collaborate to develop and implement procedures allowing law enforcement officers roadside access to department of corrections records, including records regarding probation, parole, and conditions of release.  The departments shall make a report to the senate and house committees on judiciary no later than December 15, 2008.

Sec. 3.  ALCOHOL IGNITION INTERLOCKS STUDY:  MULTIPLE DUI
             AND HIGH-BLOOD-ALCOHOL-CONTENT FIRST OFFENSE DUI

(a)  The Vermont sentencing commission shall study the issue of implementing a system of alcohol ignition interlocks in Vermont for persons with multiple DUI convictions, as well as for first-time DUI offenders with high-blood-alcohol-content levels at the time of arrest.  The commission shall consult with the department of corrections and may consult with any other persons and entities able to assist the study, and shall:

(1)  gather and analyze information about alcohol ignition interlock systems, review current practices regarding use of the systems in other states, and consider how any recommended use of ignition interlock systems should be coordinated with the use of electronic monitoring equipment such as global position monitoring equipment, automated voice recognition telephone equipment, and transdermal alcohol monitoring equipment authorized by Sec. 11 of the Justice Reinvestment Act of 2008;

(2)  study the feasibility of having the costs of alcohol ignition interlock systems be borne by DUI offenders;

(3)  study the net costs of implementing an alcohol ignition interlock system in Vermont, including the availability of federal funding for that purpose;

(4)  study the advisability and feasibility of implementing a system of conditional driver’s licenses in Vermont, and the advisability of lowering the 0.04 blood alcohol limit on commercial driver licenses; and

(5)(A)  recommend methods to prohibit a person from permitting a motor vehicle owned or under the person’s control from being operated by another person whom the person permitting the operation knows is:

(i)  under the influence of alcohol or drugs, or;

(ii)  legally prohibited from driving because of an alcohol-related offense.

(B)  The recommendation shall include methods to protect persons who permit operation of the vehicle as a result of threat, intimidation, or coercion, or out of a reasonable belief that acting to prohibit operation of the vehicle would result in harm to the person or the person’s family.

(b)  The commission shall report its findings and make recommendations to the senate and house committees on judiciary and the corrections oversight committee no later than December 15, 2008. 

Approved:  May 24, 2008



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us