§ 1209a. Conditions of reinstatement; alcohol and driving education; screening; therapy programs

(a) Conditions of reinstatement. No license or privilege to operate suspended or revoked under this subchapter, except a license or privilege to operate suspended under section 1216 of this title, shall be reinstated except as follows:

(1) In the case of a first suspension, a license or privilege to operate shall be reinstated only:

(A) after the individual has successfully completed the Alcohol and Driving Education Program, at the individual’s own expense, followed by an assessment of the need for further treatment by a State-designated counselor, at the individual’s own expense, to determine whether reinstatement should be further conditioned on satisfactory completion of a therapy program agreed to by the individual and the Drinking Driver Rehabilitation Program Director;

(B) if the screening indicates that therapy is needed, after the individual has satisfactorily completed or shown substantial progress in completing a therapy program at the individual’s own expense agreed to by the individual and the Driver Rehabilitation Program Director;

(C) if the individual elects to operate under an ignition interlock RDL or ignition interlock certificate, after the individual operates under the RDL or certificate for the applicable period set forth in subsection 1205(a) or section 1206 of this title, plus any extension of this period arising from a violation of section 1213 of this title; and

(D) if the individual has no pending criminal charges, civil citations, or unpaid fines or penalties for a violation under this chapter.

(2) In the case of a second suspension, a license or privilege to operate shall not be reinstated until:

(A) the individual has successfully completed an alcohol and driving rehabilitation program;

(B) the individual has completed or shown substantial progress in completing a therapy program at the individual’s own expense agreed to by the individual and the Driver Rehabilitation Program Director;

(C) after the individual operates under an ignition interlock RDL or ignition interlock certificate for 18 months or, in the case of someone subject to the one-year hard suspension prescribed in subdivision 1213(a)(1)(C) of this title, for one year, plus any extension of the relevant period arising from a violation of section 1213 of this title, except if otherwise provided in subdivision (4) of this subsection (a); and

(D) the individual has no pending criminal charges, civil citations, or unpaid fines or penalties for a violation under this chapter.

(3) In the case of a third or subsequent suspension or a revocation, a license or privilege to operate shall not be reinstated until:

(A) the individual has successfully completed an alcohol and driving rehabilitation program;

(B) the individual has completed or shown substantial progress in completing a therapy program at the individual’s own expense agreed to by the individual and the Driver Rehabilitation Program Director;

(C) the individual has satisfied the requirements of subsection (b) of this section; and

(D) the individual has no pending criminal charges, civil citations, or unpaid fines or penalties for a violation under this chapter.

(4) The Commissioner shall waive a requirement under subdivision (2) of this subsection or subsection (b) of this section that an individual operate under an ignition interlock RDL or certificate prior to eligibility for reinstatement if:

(A) the individual furnishes sufficient proof as prescribed by the Commissioner that the individual is incapable of using an ignition interlock device because of a medical condition that will persist permanently or at least for the term of the suspension or, in the case of suspensions or revocations for life, for a period of at least three years; or

(B) the underlying offenses arose solely from being under the influence of a drug other than alcohol.

(b) Total Abstinence Program

(1) As used in this subsection:

(A) “Drug” means:

(i) a regulated drug, as defined in 18 V.S.A. § 4201, that is used in any way other than as prescribed for a legitimate medical use in conformity with instructions from the prescriber; or

(ii) any substance or combination of substances, other than alcohol or a regulated drug, that potentially affects the nervous system, brain, or muscles of an individual so as to impair an individual’s ability to drive a vehicle safely to the slightest degree.

(B) “Total abstinence” means refraining from consuming any amount of alcohol or drugs at any time, regardless of whether the alcohol or drugs are consumed by an individual when attempting to operate, operating, or in actual physical control of a vehicle.

(2)(A) Notwithstanding any other provision of this subchapter, an individual whose license or privilege to operate has been suspended or revoked for life under this subchapter may apply to the Commissioner for reinstatement of the individual’s driving privilege if the individual satisfies the requirements set forth in subdivision (3) of this subsection (b).

(B) The beginning date for the period of total abstinence shall be not earlier than the effective date of the suspension or revocation from which the individual is requesting reinstatement and shall not include any period during which the individual is serving a sentence of incarceration to include furlough. The application shall include the applicant’s authorization for a urinalysis examination, or another examination if it is approved as a preliminary screening test under this subchapter, to be conducted prior to reinstatement under this subdivision (2). The application to the Commissioner shall be accompanied by a fee of $500.00. The Commissioner shall have the discretion to waive the application fee if the Commissioner determines that payment of the fee would present a hardship to the applicant.

(3) If the Commissioner or a medical review board convened by the Commissioner is satisfied by a preponderance of the evidence that the applicant has maintained total abstinence for the three years immediately preceding the application, has successfully completed a therapy program as required under this section, and has operated under a valid ignition interlock RDL or under an ignition interlock certificate for at least three years following the suspension or revocation, and the applicant provides a written acknowledgment that the applicant must maintain total abstinence at all times while participating in the Total Abstinence Program, the applicant’s license or privilege to operate shall be reinstated immediately, subject to the condition that the applicant’s suspension or revocation will be put back in effect in the event any further investigation reveals a failure to maintain total abstinence and to any additional conditions as the Commissioner may impose to advance the public interest in public safety. The requirement to operate under an ignition interlock RDL or ignition interlock certificate shall not apply if the applicant is exempt under subdivision (a)(4) of this section.

(4) If after notice and an opportunity for a hearing the Commissioner later finds that the individual was violating the conditions of the individual’s reinstatement under this subsection, the individual’s operating license or privilege to operate shall be immediately suspended or revoked for life.

(5) If the Commissioner finds that an individual reinstated under this subsection is suspended pursuant to section 1205 of this title or is convicted of a violation of section 1201 of this title subsequent to reinstatement under this subsection, the individual shall be conclusively presumed to be in violation of the conditions of the reinstatement.

(6) An individual shall be eligible for reinstatement under this subsection only once following a suspension or revocation for life.

(7)(A) If an applicant for reinstatement under this subsection (b) resides in a jurisdiction other than Vermont, the Commissioner may elect not to conduct an investigation. If the Commissioner elects not to conduct an investigation, the Commissioner shall provide a letter to the applicant’s jurisdiction of residence stating that Vermont does not object to the jurisdiction issuing the applicant a license if the applicant is required to operate only vehicles equipped with an ignition interlock device for at least a three-year period, unless exempt under subdivision (a)(4) of this section, and is required to complete any alcohol rehabilitation or treatment requirements of the licensing jurisdiction.

(B) If the applicant’s jurisdiction of residence is prepared to issue or has issued a license in accordance with subdivision (A) of this subdivision (6) and the applicant satisfies the requirements of section 675 of this title, the Commissioner shall update relevant State and federal databases to reflect that the applicant’s lifetime suspension or revocation in Vermont under chapter 13, subchapter 13 of this title has terminated.

(c) Screening and therapy programs. In the case of a second or subsequent suspension, the Commissioner shall notify the individual of the requirement to enroll in the alcohol and driving education screening and therapy program provided for in this section within 30 days after license suspension. If the individual fails to enroll or fails to remain so enrolled until completion, the Drinking Driver Rehabilitation Program shall report such failure to the sentencing court. The court may order the individual to appear and show cause why the individual failed to comply.

(d) Judicial review. An individual aggrieved by a decision of a designated counselor under this section may seek review of that decision pursuant to Rule 75 of the Vermont Rules of Civil Procedure.

(e) Therapy program. A therapy program required under this section may include outpatient therapy, intensive outpatient therapy, and residential therapy. In the event that the individual and the Driver Rehabilitation Program Director cannot agree on the type of therapy required, the Criminal Division of the Superior Court shall make that determination.

(f) Fees. The Department of Health’s Drinking Driver Rehabilitation Program shall assess fees for the Alcohol and Driving Education Program and the alcohol assessment screening required by subdivision (a)(1)(A) of this section. The fee for the Alcohol and Driving Education Program shall not exceed $250.00. The fee for the alcohol assessment screening shall not exceed $200.00. In the case of a more intensive or weekend residential program combining both the Alcohol and Driving Education Program and the alcohol assessment screening, the total charge shall not exceed $625.00. Charges collected under this section shall be credited to separate special funds for each type of service and shall be available to the Department of Health to offset the cost of operating the Drinking Driver Rehabilitation Program. (Added 1981, No. 103, § 9; amended 1983, No. 134 (Adj. Sess.), § 7; 1985, No. 202 (Adj. Sess.), § 1; 1989, No. 68, § 6; 1989, No. 179 (Adj. Sess.), § 3, eff. May 14, 1990; 1991, No. 55, § 8; 1997, No. 55, § 7, eff. June 26, 1997; 1997, No. 56, § 8, eff. Aug. 1, 1997; 1997, No. 117 (Adj. Sess.), § 17; 1997, No. 155 (Adj. Sess.), § 63; 1999, No. 160 (Adj. Sess.), § 20; 2003, No. 109 (Adj. Sess.), § 7; 2007, No. 76, § 16; 2009, No. 23, § 1; 2009, No. 126 (Adj. Sess.), § 7, eff. July 1, 2011; 2009, No. 154 (Adj. Sess.), § 238; 2011, No. 90 (Adj. Sess.), § 5; 2013, No. 189 (Adj. Sess.), § 17; 2015, No. 50, § 16; 2015, No. 158 (Adj. Sess.), § 46; 2017, No. 71, § 14, eff. June 8, 2017; 2017, No. 206 (Adj. Sess.), § 8; 2023, No. 41, § 19, eff. June 1, 2023.)