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BILL AS INTRODUCED 2007-2008

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H.622

Introduced by   Representatives Clarkson of Woodstock and Grad of Moretown

Referred to Committee on

Date:

Subject:  Motor vehicles; DUI

Statement of purpose:  This bill proposes to establish conditional operator’s licenses, which may be issued by the court in cases of undue hardship for travel to limited places such as work, drug or alcohol treatment, school, or a doctor’s office by a person who has completed part of a DUI license suspension.  The bill also enhances penalties for DUI second and third offenses if the operator’s alcohol concentration is twice the legal limit or more, and, for third offenses, requires that the sentence include six months in a residential alcohol treatment facility unless the court makes written findings that the offender would not benefit from such treatment or has already completed a comparable treatment program.   

AN ACT RELATING TO CONDITIONAL LICENSES, PENALTIES, AND TREATMENT FOR PERSONS CONVICTED OF DUI 

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


Sec. 1.  23 V.S.A. chapter 9, subchapter 3A is added to read:

Subchapter 3A.  Conditional Licenses

§ 691.  CONDITIONAL LICENSE REQUIREMENTS

For a first or second violation of section 1201 of this title, the court may issue a conditional license if it finds that:

(1)  the defendant’s BAC was 1.1 or less at the time of operation;

(2)  the defendant has completed one-third of the statutorily required suspension;

(3)  the defendant has enrolled in CRASH; and

(4)  the full suspension period would create an undue hardship for the defendant or the defendant’s dependents.

§ 692.  PERMITTED USES OF CONDITIONAL LICENSES

The court shall direct the terms of the conditional license, which shall be limited to trips en route to and from:

(1)  the holder’s place of employment, and, if the holder’s place of employment requires the operation of a motor vehicle, during the hours thereof.

(2)  a class or activity which is an authorized part of the alcohol and drug rehabilitation program.

(3)  a class or course at an accredited school, college, or university or at a state-approved institution of vocational or technical training.

(4)  court-ordered probation activities.

(5)  a grocery store for purposes of shopping, for no more than two consecutive hours during the daytime twice per week.

(6)  a medical examination or treatment as part of a necessary medical treatment for such participant or member of the participant’s household as evidenced by a written statement from a licensed practitioner.

(7)  a place, including a school, at which a child of the holder is cared for on a regular basis or which is necessary for the holder to maintain employment or school enrollment.

§ 693.  CONDITIONAL LICENSES; FORM

A conditional license shall be in a form prescribed by the court administrator and shall include sections for the court to complete, specifying the class, times, and locations of permissible use.

§ 694.  POSSESSION OF CONDITIONAL LICENSE REQUIRED;

            PENALTIES

(a)  A conditional license shall be in the possession of the license holder at all times when the license holder is operating a vehicle.

(b)  A person who violates subsection (a) of this section shall be subject to a civil penalty of $300.00.

(c)  A person who fails to produce a conditional license upon request from a law enforcement officer shall produce the license to the law enforcement officer or his or her agency within 48 hours of the request.  If the conditional license is not produced, the officer shall file an affidavit to that effect with the commissioner who shall immediately revoke the conditional license for the remaining period of suspension.  Production of the license is not a defense to a civil violation of subsection (b) of this section.

(d)  A holder of a conditional license who operates a vehicle in violation of the license’s prescribed time periods or locations shall be guilty of driving with a suspended license in violation of subsection 674(b) of this title.  The law enforcement officer shall seize the conditional license and send it to the commissioner of motor vehicles.  The holder may submit to the commissioner an affidavit attesting to why he or she was not in compliance with the terms of the conditional license.  The commissioner or the commissioner’s designee may reinstate the conditional license if the holder demonstrates by a preponderance of the evidence that the holder was operating in compliance with the conditional license.

Sec. 2.  23  V.S.A. § 1210 is amended to read:

§ 1210.  PENALTIES

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(c)(1)  Second offense.  A Except as provided in subdivision (2) of this subsection, a person convicted of violating section 1201 of this title who has been convicted of another violation of that section shall be fined not more than $1,500.00 or imprisoned not more than two years, or both.  At least 200 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.

(2)  A person convicted of violating section 1201 of this title when the person’s alcohol concentration is 0.16 or more who has been convicted of another violation of that section shall be fined not more than $2,500.00 or imprisoned not more than five years, or both.  At least 200 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)(1)  Third or subsequent offense.  A Except as provided in subdivision (2) of this subsection, a person convicted of violating section 1201 of this title who has twice been convicted of violation of that section shall be fined not more than $2,500.00 or imprisoned not more than five years, or both.  At least six months of the sentence shall be served as an inpatient in a residential alcohol treatment facility unless the court makes written findings that the offender would not benefit from such treatment or has already completed a comparable treatment program.  At least 400 hours of community service shall be performed, or 100 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.

(2)  A person convicted of violating section 1201 of this title when the person’s alcohol concentration is 0.16 or more who has twice been convicted of violation of that section shall be fined not more than $5,000.00 or imprisoned not more than ten years, or both.  At least six months of the sentence shall be served as an inpatient in a residential alcohol treatment facility unless the court makes written findings that the offender would not benefit from such treatment or has already completed a comparable treatment program.  At least 400 hours of community service shall be performed, or 100 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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Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us