Vermont Statutes Title 23 Sec. 1219
Terms Used In Vermont Statutes Title 23 Sec. 1219
- Alcohol: includes alcohol, malt beverages, spirits, fortified wines, and vinous beverages, as defined in 7 V. See
- Disqualification: means a withdrawal of the privilege to drive a commercial motor vehicle. 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.
- 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
- Person: includes any natural person, corporation, association, co-partnership, company, firm, or other aggregation of individuals. See
- Vehicle: means a motor vehicle as defined in section 4 of this title and, when on a public highway:
§ 1219. Commercial motor vehicle; detectable amount; out-of-service
A person who is operating, attempting to operate, or in actual physical control of a commercial motor vehicle with any measurable or detectable amount of alcohol in his or her system shall immediately be placed out-of-service for 24 hours by an enforcement officer. A law enforcement officer who has reasonable grounds to believe that a person has a measurable or detectable amount of alcohol in his or her system on the basis of the person’s general appearance, conduct, or other substantiating evidence may request the person to submit to a test, which may be administered with a preliminary screening device. The law enforcement officer shall inform the person at the time the test is requested that refusal to submit will result in disqualification. If the person refuses to submit to the test, the person shall immediately be placed out-of-service for 24 hours and shall be disqualified from driving a commercial motor vehicle as provided in section 4116 of this title. (Added 1991, No. 88, § 14.)