Vermont Statutes Title 23 Sec. 3207f
Terms Used In Vermont Statutes Title 23 Sec. 3207f
- Commissioner: means Commissioner of Motor Vehicles unless otherwise stated. See
- Department: means Department of Motor Vehicles unless otherwise stated. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Law enforcement officer: means a person designated in subdivision 4(11) of this title and includes deputy State game wardens and auxiliary State Police officers. See
- Operate: includes an attempt to operate and shall be construed to cover all matters and things connected with the presence and use of snowmobiles whether they be at motion or rest. See
- Person: means an individual, partnership, firm, corporation, association, or other entity. See
- Privilege to operate: includes the privilege of a nonresident to operate a motor vehicle within the State and includes the privilege of a resident to obtain a license. See
- Snowmobile: means a self-propelled vehicle intended for off-road travel primarily on snow, having a curb weight of not more than 793. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 3207f. Persons under 21 years of age; 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 Judicial 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 on the 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 Department of Health’s Division of Substance Use Programs and shall take into consideration any particular treatment needs of operators under 21 years of age.
(g) A charge of violating this section shall not bar prosecution for any crime, including a prosecution under section 3207a of this title. (Added 1997, No. 57, § 6, eff. Sept. 1, 1997; amended 1997, No. 121 (Adj. Sess.), § 28; 2021, No. 115 (Adj. Sess.), § 6, eff. July 1, 2022.)