Vermont Statutes Title 23 Sec. 1200
Terms Used In Vermont Statutes Title 23 Sec. 1200
- Alcohol: includes alcohol, malt beverages, spirits, fortified wines, and vinous beverages, as defined in 7 V. See
- Alcohol concentration: means
- Commissioner: shall mean in this title only the Commissioner of Motor Vehicles. See
- Drug: means :
- 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.
- Evidentiary test: means a breath or blood test that indicates the person's alcohol concentration or the presence of other drug and that is intended to be introduced as evidence. See
- Ignition interlock device: means a device that is capable of measuring a person's alcohol concentration and that prevents a motor vehicle from being started by a person whose alcohol concentration is 0. See
- Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
- Law enforcement officer: means a law enforcement officer who has been certified by the Vermont Criminal Justice Council pursuant to 20 V. See
- Motor vehicle: includes all vehicles propelled or drawn by power other than muscular power, except farm tractors, vehicles running only upon stationary rails or tracks, motorized highway building equipment, road making appliances, snowmobiles, tracked vehicles, motor-assisted bicycles, electric bicycles, or electric personal assistive mobility devices. See
- Nonresident: shall include any person who does not come under the definition of a resident. See
- Operator: shall include all persons 18 years of age or over properly licensed to operate motor vehicles. See
- Person: includes any natural person, corporation, association, co-partnership, company, firm, or other aggregation of individuals. See
- Personal property: All property that is not real property.
- 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
- Resident: as used in this title only, means any person living in the State who intends to make the State his or her principal place of domicile either permanently or for an indefinite number of years. See
- Vehicle: means a motor vehicle as defined in section 4 of this title and, when on a public highway:
§ 1200. Definitions
As used in this subchapter:
(1) “Alcohol concentration” means
(A) the number of grams of alcohol per 100 milliliters of blood; or
(B) the number of grams of alcohol per 210 liters of breath.
(2) “Drug” means:
(A) a regulated drug as defined in 18 V.S.A. § 4201; or
(B) any substance or combination of substances, other than alcohol, that 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.
[Subdivision (3) effective until January 1, 2022; see also subdivision (3) effective January 1, 2022 set out below.]
(3) “Evidentiary test” means a breath or blood test that indicates the person’s alcohol concentration or the presence of other drug and that is intended to be introduced as evidence.
[Subdivision (3) effective January 1, 2022; see also subdivision (3) effective until January 1, 2022 set out above.]
(3) “Evidentiary test” means a breath, saliva, or blood test that indicates the person’s alcohol concentration or the presence of other drug and that is intended to be introduced as evidence.
(4) “Alcohol” includes alcohol, malt beverages, spirits, fortified wines, and vinous beverages, as defined in 7 V.S.A. § 2, and any beverage or liquid containing any of them.
(5) “Law enforcement officer” means a law enforcement officer who has been certified by the Vermont Criminal Justice Council pursuant to 20 V.S.A. § 2358.
(6) “Vehicle” means a motor vehicle as defined in section 4 of this title and, when on a public highway:
(A) a snowmobile as defined in section 3201 of this title; and
(B) an all-terrain vehicle as defined in section 3501 of this title.
(7) “Highway” has the same meaning as in subdivision 4(13) of this title, except that for purposes of this subchapter, “highway” does not include the driveway that serves only a single-family or two-family residence of the operator. This exception shall not apply if a person causes the death of a person, causes bodily injury to a person, or causes damage to the personal property of another person, while operating a motor vehicle on a driveway in violation of section 1201 of this subchapter.
(8) “Ignition interlock device” means a device that is capable of measuring a person’s alcohol concentration and that prevents a motor vehicle from being started by a person whose alcohol concentration is 0.02 or greater.
(9)(A) “Ignition interlock restricted driver’s license” or “ignition interlock RDL” or “RDL” means a restricted license or privilege to operate a motor vehicle issued by the Commissioner allowing a resident whose license or privilege to operate has been suspended or revoked for operating under the influence of alcohol or in excess of legal limits of alcohol concentration, or for refusing an enforcement officer’s reasonable request for an evidentiary test, to operate a motor vehicle, other than a commercial motor vehicle as defined in section 4103 of this title, installed with an approved ignition interlock device.
(B) “Ignition interlock certificate” means a restricted privilege to operate a motor vehicle issued by the Commissioner allowing a nonresident whose privilege to operate a motor vehicle in Vermont has been suspended or revoked for operating under the influence of alcohol or in excess of legal limits of alcohol concentration, or for refusing an enforcement officer’s reasonable request for an evidentiary test, to operate a motor vehicle, other than a commercial motor vehicle as defined in section 4103 of this title, installed with an approved ignition interlock device.
(10) “Random retest” means a test of a vehicle operator’s blood alcohol concentration, other than a test required to start the vehicle, that is required at random intervals during operation of a vehicle equipped with an ignition interlock device. (Added 1989, No. 68, § 1, eff. Dec. 1, 1989; amended, 1991, No. 55, § 1; 1997, No. 117 (Adj. Sess.), §§ 10, 11; 1997, No. 117 (Adj. Sess.), § 12, eff. April 29, 1998; 1999, No. 20, § 1; 2007, No. 170 (Adj. Sess.), § 1; 2009, No. 126 (Adj. Sess.), § 3, eff. July 1, 2011; 2011, No. 90 (Adj. Sess.), § 1; 2015, No. 158 (Adj. Sess.), § 45; 2017, No. 83, § 153; 2019, No. 164 (Adj. Sess.), § 21, eff. Jan. 1, 2022.)